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It’s Time to Shore Up Fourth Amendment Protections at the Border

Since the Fourth Amendment passed in 1791, it has contained a “border search exception.” This exempts customs officials from its normal requirement of probable cause before they conduct “routine searches” of the person, papers or effects of someone crossing the border. In the 1950s, federal regulations substantially extended this exception for the Customs and Border […]

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Op-Ed

Op-Ed: Supreme Court Rulings in Hernandez v. Mesa and Ziglar v. Abbasi

Rulings in Ziglar and Hernandez: The Supreme Court, the Fourth Amendment and the `Special Factor’ of `National Security’ In Hernandez v. Mesa and Ziglar v. Abbasi, two just-decided cases, the Supreme Court has now made it such that individuals wishing to obtain damages from agents of the federal government for violation of their Fourth Amendment […]