Homeland Security and Brain Health - An Odd Couple?
Customs agents have the authority to conduct patrols at ports of entry to avoid dangerous or illegal objects from being brought in to the country. But the MSC Poesia was leaving the country, not arriving. The passengers'possession of drugs in the U.S. was an offense, although not an offense customs agents are faced with preventing. Why were customs and border patrol agents involved in the raid?
The clear answer might simply be that these were the people who brought the dogs. In United States v. Place and Illinois v. Caballes, the Supreme Court unearthed that the sniff of a police dog does not constitute a "search" because it generally does not reveal any details about which a person might have an acceptable expectation of privacy. If your dog alerts its trainers to the possible presence of drugs, the non-canine officers have probable cause to investigate further Veterans slam Trump for border 'stunt'.
Pay attention to the fact that a CBP spokeswoman didn't say exactly how many people were arrested, nor would she give their names. That information would let us follow up the actual outcomes of the raid. This appears like an exercise whose purpose was publicity, not law enforcement. As the searches may have been defensible under the Supreme Court's rulings, I imagine a great criminal lawyer would make quick work of a prosecutor's case for failing continually to prove who packed a suitcase, or whether the drugs could have been introduced at the dock or afterward by someone other compared to owner. But this would only happen if there have been really a prosecution, which is unlikely given the penny-ante results the raids produced.
Is this what we wish the Customs and Border Patrol to be doing nowadays?
We've already seen border agents run roughshod over civil rights - namely the right to visit within U.S. borders in peace - across the Canadian border. Using their authorization to interrogate anyone in just a "reasonable distance" of a border regarding immigration status, CBP agents regularly question individuals on buses and trains between U.S. cities.(2) The Lake Shore Limited Amtrak train, which runs between Chicago and New York without ever passing through Canada, is just a particular favorite haunt for roving border patrols.
I'm inclined to think that Americans smoking pot in America doesn't pose a lot of a threat to the nation, but it's much more obvious that Americans smoking pot in Honduras or Mexico, the MSC Poesia's two destinations, poses no threat at all. The Hondurans or the Mexicans might want to stop those drugs from entering their countries. For the reason that case, they are able to conduct their particular searches when passengers disembark.
The potential harm due to the pre-departure search, on one other hand, is obviously evident. The cruise ship industry is an essential the main Florida economy. Every Saturday and Sunday morning, from fall through spring, at the least half a dozen gigantic cruise liners pull into Port Everglades before sunrise and disgorge their passengers, while others get to Miami, West Palm Beach and elsewhere across the state. They generally reload and depart on the next cruise right before sunset. Fewer ships call at the port on weekdays and in summer time, but there is still an important amount of activity.
This keeps a lot of people employed. You will find those who work with the ships themselves, people who drive passengers to and from the docks, people who sell food and other goods to passengers in their stopovers, and many other people who directly or indirectly rely on the cruise industry because of their livelihoods.
While I don't have any great want to set about a cruise myself, I am aware I'd be even less likely to desire to hop on board if this meant having my possessions scrutinized by federal agents who're on fishing expeditions. I imagine that others who're more interested in cruises are probably equally uninterested in having their bags examined.
The cruise industry is centered on fostering an environment of hospitality and relaxation. Drug-sniffing dogs don't create quite the exact same ambiance as, say, complimentary piña coladas might.
CBP agents have a vital and occasionally dangerous job protecting our borders, yet somehow this is not enough to keep the agency from looking for other items to do. These extracurricular adventures have unpleasant police-state overtones. Someone needs to bring the border patrol, along using its dogs, to heel.
The clear answer might simply be that these were the people who brought the dogs. In United States v. Place and Illinois v. Caballes, the Supreme Court unearthed that the sniff of a police dog does not constitute a "search" because it generally does not reveal any details about which a person might have an acceptable expectation of privacy. If your dog alerts its trainers to the possible presence of drugs, the non-canine officers have probable cause to investigate further Veterans slam Trump for border 'stunt'.
Pay attention to the fact that a CBP spokeswoman didn't say exactly how many people were arrested, nor would she give their names. That information would let us follow up the actual outcomes of the raid. This appears like an exercise whose purpose was publicity, not law enforcement. As the searches may have been defensible under the Supreme Court's rulings, I imagine a great criminal lawyer would make quick work of a prosecutor's case for failing continually to prove who packed a suitcase, or whether the drugs could have been introduced at the dock or afterward by someone other compared to owner. But this would only happen if there have been really a prosecution, which is unlikely given the penny-ante results the raids produced.
Is this what we wish the Customs and Border Patrol to be doing nowadays?
We've already seen border agents run roughshod over civil rights - namely the right to visit within U.S. borders in peace - across the Canadian border. Using their authorization to interrogate anyone in just a "reasonable distance" of a border regarding immigration status, CBP agents regularly question individuals on buses and trains between U.S. cities.(2) The Lake Shore Limited Amtrak train, which runs between Chicago and New York without ever passing through Canada, is just a particular favorite haunt for roving border patrols.
I'm inclined to think that Americans smoking pot in America doesn't pose a lot of a threat to the nation, but it's much more obvious that Americans smoking pot in Honduras or Mexico, the MSC Poesia's two destinations, poses no threat at all. The Hondurans or the Mexicans might want to stop those drugs from entering their countries. For the reason that case, they are able to conduct their particular searches when passengers disembark.
The potential harm due to the pre-departure search, on one other hand, is obviously evident. The cruise ship industry is an essential the main Florida economy. Every Saturday and Sunday morning, from fall through spring, at the least half a dozen gigantic cruise liners pull into Port Everglades before sunrise and disgorge their passengers, while others get to Miami, West Palm Beach and elsewhere across the state. They generally reload and depart on the next cruise right before sunset. Fewer ships call at the port on weekdays and in summer time, but there is still an important amount of activity.
This keeps a lot of people employed. You will find those who work with the ships themselves, people who drive passengers to and from the docks, people who sell food and other goods to passengers in their stopovers, and many other people who directly or indirectly rely on the cruise industry because of their livelihoods.
While I don't have any great want to set about a cruise myself, I am aware I'd be even less likely to desire to hop on board if this meant having my possessions scrutinized by federal agents who're on fishing expeditions. I imagine that others who're more interested in cruises are probably equally uninterested in having their bags examined.
The cruise industry is centered on fostering an environment of hospitality and relaxation. Drug-sniffing dogs don't create quite the exact same ambiance as, say, complimentary piña coladas might.
CBP agents have a vital and occasionally dangerous job protecting our borders, yet somehow this is not enough to keep the agency from looking for other items to do. These extracurricular adventures have unpleasant police-state overtones. Someone needs to bring the border patrol, along using its dogs, to heel.
Replies