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Quote: No. Customs can search any "man, beast, or burden" entering the country ... and no reason is required for the search ... and the 4th Amendment does not apply the same way it usually does. A search by Customs of something (or someone) entering the country can be considered "reasonable," but that same search done by another agency under different circumstances might not pass Constitutional muster. The 4th Amendment still applies to Customs ... the difference is what is considered "reasonable" for them at a port of entry. So there are limits on what even Customs can do. For example, take body-cavity searches. It's accepted law that Customs needs an articulable reason to do a body-cavity search of a person ... they can't just do it on a whim or base it on the color of someone's skin. They need a reason. A body-cavity search is considered so invasive of someone's privacy that they can't just do it on a whim. Customs needs a reason. Just having a reason, any reason, makes that search legal. But what's reasonable for Customs to do every day of the week is often unreasonable if it's done by any other law enforcement agent. Anybody else would probably need a search warrant for that body-cavity search. Like asking someone to empty their pockets or open a suitcase ... Customs can do that to anyone ... no reason required. But a cop can't just come up to you on a whim and ask you to empty your pockets ... or at least, not legally. The news story said that the port of entry was Indianapolis. So that search by Customs was legal. What's debatable is whether the FBI's subsequent actions were legal, not the initial search. The Constitution gives us protections from actions by government agents (both federal and state), but FedEx is a private entity to which the 4th Amendment does not apply. So FedEx can open any package (domestic or foreign) without a reason. It's all written on the back of the airbill. Then if FedEx finds anything suspicious, they can call the cops, and anything they find would usually be admissible evidence. If you want privacy, use the mail and don't send or receive anything from overseas. Domestic mail (with few exceptions) can only be opened for inspection if there's a search warrant based on probable cause. Trampy |
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