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VI: RS needed for search of those working in border area not seeking entry

By John Wesley Hall, Jr.

Defendant worked on a ferry and brought a duffel bag to work. When the ferry landed, it was subject to customs inspection. Defendant remained on the ferry working. Customs officials decided to search his bag. Since he worked in the border area and was not seeking entry, his search required reasonable suspicion. People v. Erskine, 2010 V.I. LEXIS 7 (February 16, 2010): Employees who are working in a border area are not immune from border searches, but they may only be subjected to a border search when they are leaving the area of the border. United States v. Beck, 483 F.2d 203, 209 (3d Cir. 1974); see also United States v. Glazou, 402 F.2d 8,13 (2d Cir. 1968) (Employees who work in a border area may be subject to a border search when leaving the area)...continue to full post

Full post as published by Fourth Amendment on March 07, 2010 (boomark / email).