Originally Posted by
studentff
My guess has always been that the 100-miles starts at border or a land/water point of entry and that there are many such ports along the shore of Lake Michigan. If the 100-miles were based on territorial waters and not the actual border, the zones around the coast would extend less than 100 miles inland.
I also suspect, but do not know for certain, that the zone should extend up the Mississippi river since I think there are recognized ports of entry along the river.
I doubt the specific boundaries of the constitution-free zone have ever been tested in court. And I suspect if DHS wanted to, they would claim anywhere within 100 miles of a theoretical air port of entry (i.e., runway) was constitution free.
It looks like the 100 miles is calculated as follows:
https://en.wikipedia.org/wiki/Border_search_exception [from footnote 5]
§ 287 (a) (3) of the Immigration and Nationality Act, 66 Stat. 233, 8 U.S.C. § 1357(a)(3), which provides for warrantless searches of automobiles and other conveyances "within a reasonable distance from any external boundary of the United States," as authorized by regulations to be promulgated by the Attorney General. The Attorney General's regulation, 8 CFR § 287.1, defines "reasonable distance" as "within 100 air miles from any external boundary of the United States."
Full definitions of "external boundary" and "reasonable distance":
https://www.law.cornell.edu/cfr/text/8/287.1
§ 287.1 Definitions.
(a)
(1)External boundary. The term external boundary, as used in section 287(a)(3) of the Act, means the land boundaries and the territorial sea of the United States extending 12 nautical miles from the baselines of the United States determined in accordance with international law.
(2)Reasonable distance. The term reasonable distance, as used in section 287(a) (3) of the Act, means within 100 air miles from any external boundary of the United States or any shorter distance which may be fixed by the chief patrol agent for CBP, or the special agent in charge for ICE, or, so far as the power to board and search aircraft is concerned any distance fixed pursuant to paragraph (b) of this section.