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The Following Is Artificial Intelligence Overview Provided By Gemini, a Google Product.
Constitution Free Zone
The "constitution-free zone" refers to the 100-mile area within the United States from any external boundary where federal law enforcement, particularly CBP (Customs and Border Protection) agents, have broad authority to conduct searches and stops, potentially diminishing constitutional protections.
Here's a more detailed explanation:
- The 100-Mile Zone:
Federal law allows Border Patrol agents to conduct searches and seizures within a "reasonable distance" of the border, defined as 100 air miles from any external boundary.
- Implications:
Within this zone, CBP agents can board and search vehicles, buses, or vessels without a warrant, ask occupants to prove their legal status, and potentially detain individuals.
Constitutional Protections:
The Fourth Amendment, which protects against unreasonable searches and seizures, is not as strictly enforced within this zone, and some argue that the area is essentially a "constitution-free zone".
Geographical Scope:
This zone encompasses a significant portion of the U.S. population, including most major cities and the entirety of several states, such as Florida, Massachusetts, and New Jersey.
Supreme Court Cases:
The Supreme Court has addressed the border search exception in cases like U.S. v. Martinez-Fuerte, which upheld the Border Patrol's authority to stop vehicles at checkpoints for brief questioning, even without probable cause.
Controversy:
The existence of this zone and the diminished constitutional protections it entails are controversial, with some arguing that it allows for overreach by law enforcement and raises concerns about civil liberties.
Examples:
CBP can conduct roving patrols and interior checkpoints within the 100-mile zone, which can lead to stops and searches of individuals and vehicles.
Know Your Rights:
The ACLU website provides resources and information about Know Your Rights in the 100-mile border zone.
Profiling:
CBP and DOJ guidance allow border patrol agents to profile under certain conditions, which is a remarkable fact given that 72 percent of the U.S. minority population lives in the 100-mile zone.
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