Vol. 114 - No. 104 - June 2, 2010

Appeals Court Rules Reasonable Suspicion Not Required in Border Search

The US Court of Appeals for the Eleventh Circuit ruled that the cabins of crewmembers of foreign vessels arriving in the United States are subject to search without reasonable suspicion on the part of Customs officers that there has been a violation of federal law. In the case, a foreign freighter arrived in the Port of Miami.

During the course of a random inspection, child pornography was found in the cabin of the defendant, one of the crewmembers. At trial, he contended that the search of his cabin violated the US Constitution. On appeal, the court held that the ship was located at the functional equivalent the border when it was searched and that the officers conducting the search were authorized to conduct border searches.

The Fourth Amendment provision that prohibits unreasonable searches and seizures did not apply to this situation.

The 33-page ruling is available at: http://www.ca11.uscourts.gov/opinions/ops/200816442.pdf.