The “Constitution-Free” Zone
The Fourth Amendment protects you from “unreasonable searches and seizures.” Usually, this means police need a warrant or probable cause to stop you.
However, the rules change near the border.
Federal regulations allow U.S. Customs and Border Protection (CBP) to operate within 100 air miles of any external boundary. This includes:
- The entire border with Mexico and Canada.
- The entire Atlantic, Pacific, and Gulf coastlines.
- Most of Florida, New York, California, and New England.
- About 200 million people live in this zone.
What CBP Can Do Here
Inside this zone, CBP agents have expanded powers that local police do not.
1. Boarding Vehicles (No Warrant)
CBP can board buses, trains, and boats within this zone to “search for aliens” without a warrant.
- This is why you often see Border Patrol on Greyhound buses in Florida or New York.
2. Checkpoints
They can set up immigration checkpoints on highways inside the US (like I-10 in Texas or I-5 in California).
- At these checkpoints, they can stop you without suspicion.
- They can ask about your citizenship.
3. Roving Patrols
They can pull you over if they have “reasonable suspicion” that you committed an immigration violation.
- Note: They cannot pull you over just because you look Hispanic. That is racial profiling, but it still happens frequently.
Your Rights Still Exist
Despite the expanded powers, you still have rights.
1. The Right to Remain Silent You do not have to answer questions about where you were born, where you are going, or what you are doing.
- Script: “I am exercising my right to remain silent.”
2. The Right to Refuse Consent If an agent asks “Can I look in your trunk?”, you can say NO.
- Script: “I do not consent to a search.”
- Exception: At a fixed checkpoint, they may have a dog sniff the car. If the dog alerts, they have probable cause to search without your consent.
3. Video Recording You have the right to record agents in public, as long as you do not interfere with them.