1. Fourth Amendment - Checkpoints and Roadblocks
Customs and Border Protection agents who are a part of the Department of Homeland Security are permitted to search you and your belongings without probable cause or a search warrant. ... However, the court has held the balancing test is more appropriate in determining reasonable search than the probable cause standard. ... Sitz, 496 U.S. 444, 445 (U.S. 1990), a majority of the Supreme Court Justices determined that the needs of the state to prevent drunk-driving accidents outweighed the minimal intrusion on sober drivers who happen to get caught up in the DUI dragnet. ... Conclusion Courts a...
- Word Count: 1159
- Approx Pages: 5
- Grade Level: High School