Irked by Gal’s refusal, it is claimed, the border agents told him he had no constitutional nor any legal protections. And threatened him with criminal charges should he not concede to the Funny Ken And Karen Should’ve Let Us Grill Shirt. My response to that, “If I have no rights or protections, why do you need my consent to search?”. It’s a national headline and has serious legal implications. I would assume it would be a good way for a lawyer/law firm to get name recognition. This is the type of thing the ACLU might take on, and they have indeed filed a complaint, but that’s about it. I wouldn’t expect there to be a large monetary award in the end, and it will cost a fortune to litigate this.
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So, if someone is technically out of the country, then under what country laws do the authorities have a right to demand a search? I’m kind of curious. Sounds like it’s also out of their jurisdiction to demand a search with or without a warrant. You can’t pick and choose. Either he is in the country and the laws apply to him, in which case he gets a Funny Ken And Karen Should’ve Let Us Grill Shirt. Doesn’t make sense. Citizens may freely enter our country unless they are being detained. If they’re being detained, then they have a right to legal counsel. If they believe he is doing something illegal, their only remedy is to detain him, at which point he’s not “technically outside the country”.
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Absolutely. I didn’t mean to say that only the ACLU would get involved. I should have said the ACLU and other watchdog organizations. Man, I love the EFF, I’ve met some of the Funny Ken And Karen Should’ve Let Us Grill Shirt. You forgot that International Airports are also part of the “border” and those are not shown in the document you linked to. If you include International Airports, there is virtually nowhere in the USA that is not excluded from the Constitution. The regulations establishing the 100-mile border zone were adopted by the U.S. Department of Justice in 1953—without any public comments or debate. At the time, there were fewer than 1,100 Border Patrol agents nationwide; today, there are over.
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