The Fourth Amendment is the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, and shall not be violated. No Warrants shall issue, but upon probable cause, supported by Oath or Affirmation, and particularly describing the place to be searched and the persons or things to be seized. (U.S. Const., 4th Amend.) Officers perform roadblocks and checkpoints to inspect drivers and vehicles passing along the road. During this time, Officers typically lack probable cause as prescribed by the Fourth Amendment for search and seizure. The underlying issue being: are checkpoints and roadblocks a violation of the Fourth Amendment? .
Discussion .
1. The Fourth Amendment does not protect individuals from random and arbitrary searches and seizures. .
The courts have made an exception when it comes to enforcing our borders. Officers may stop motorists at border crossings and checkpoints near the border. The rules can vary as to location, in particular, where the vehicle has stopped. The courts allow these checkpoints citing it is to protect Americans from both illegal aliens and the smuggling of contraband. .
In United States v. Vasquez-Guerrero, 554 F.2d 917, 919 (9th Cir. Cal. 1977), the court held that plaintiff United States has a substantial interest in controlling the flow of illegal aliens. The court held that the border patrol "permanent checkpoint" that was established on a major highway was reasonable because the routine stops involved only brief questioning and created only a limited intrusion upon legitimate traffic. The court also held such reasonable checkpoints need not be based on individual suspicion nor authorized by a warrant. Furthermore, the routine searches of vehicles at "permanent checkpoints" were constitutionally permissible. .
In United States v. Brignoni-Ponce, 422 U.S. 873, 874 (U.S.
