Is a stop at a permanent immigration checkpoint constitute a seizure under the Fourth Amendment?

MultiRegion, United States of America

The following excerpt is from US v. Preciado-Robles, 964 F.2d 882 (9th Cir. 1992):

A stop at a permanent immigration checkpoint constitutes a "seizure" within the meaning of the Fourth Amendment. United States v. Martinez-Fuerte, 428 U.S. 543, 556, 96 S.Ct. 3074, 3082, 49 L.Ed.2d 1116 (1976). Such a stop is constitutional so long as the scope of the detention is limited to a few brief questions about immigration, the production of immigration documents, and a "visual inspection of the vehicle ... limited to what can be seen without a search." Id. at 558, 96 S.Ct. at 3083. The government may refer any vehicle to a secondary area for further immigration questioning "in the absence of any individualized suspicion...." Id. at 562, 96 S.Ct. at 3805.

Other Questions


Is a vehicle stop at a permanent immigration checkpoint an "seizure" for Fourth Amendment purposes? (MultiRegion, United States of America)
What is the effect of a "futile amendment" to the meaning of a constitutional amendment to the constitution in the context of constitutional issues? (MultiRegion, United States of America)
What constitutes a seizure under the Fourth Amendment for the purpose of search and seizure of a car? ("New York", United States of America)
Does a vehicle stop at a highway checkpoint constitute a seizure under the Fourth Amendment? (MultiRegion, United States of America)
Does detention at a permanent immigration checkpoint violate the Fourth Amendment? (MultiRegion, United States of America)
Does destruction of a property by the Department of Justice constitute an unwarranted seizure under the Fourth Amendment? (MultiRegion, United States of America)
Does Entick v Carrington constitute a search and seizure within the meaning of the Fourth Amendment? (MultiRegion, United States of America)
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
What constitutes a search or seizure for Fourth Amendment purposes? (MultiRegion, United States of America)
Does the search and seizure provisions of the fourth and fifth amendment apply in the context of searches and seizures? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.