Border Search Exception - Searches of Travelers' Bodies

Searches of Travelers' Bodies

Although routine searches of the persons and effects of entrants are not subject to any requirement of reasonable suspicion, probable cause, or warrant, more invasive searches or seizures of a person's body require some suspicion.

The Supreme Court has held "that the detention of a traveler at the border, beyond the scope of a routine customs search and inspection, is justified at its inception if customs agents, considering all the facts surrounding the traveler and her trip, reasonably suspect that the traveler is smuggling contraband in her alimentary canal." (emphasis added) Characterized in terms of the Fourth Amendment, the Court was saying that such a detention ("seizure") was "reasonable", and therefore did not violate the Fourth Amendment. (The federal agents in this particular case did not X-ray ("search") her because she claimed she was pregnant. They instead decided to detain her long enough for ordinary bowel movements to evacuate the alimentary canal, despite her "heroic" efforts otherwise.)

The Supreme Court expressly did not rule what level of suspicion would be necessary for a strip, body-cavity, or involuntary x-ray search, though they did say that the only two standards for Fourth Amendment purposes short of a warrant were "reasonable suspicion" and "probable cause" (rejecting a "clear indication" standard).

In the border search context, reasonable suspicion means that the facts known to the customs officer at the time of the search, combined with the officer's reasonable inferences from those facts, provides the officer with a particularized and objective basis for suspecting that the search will reveal contraband. To form a basis for reasonable suspicion, a customs officer may rely on his training and prior experience, and may rely on entirely innocent factors, if the totality of the circumstances provide the officer with reasonable suspicion.