Is a vehicle stop at a permanent immigration checkpoint an "seizure" for Fourth Amendment purposes?

MultiRegion, United States of America

The following excerpt is from United States v. Gutierrez-Diaz, Case No.: 17cr1649-MMA (S.D. Cal. 2018):

The Fourth Amendment requires that searches and seizures be reasonable. See U.S. CONST. amend. IV. Generally, a search or seizure is unreasonable in the absence of individualized suspicion of wrongdoing. Id. While a vehicle stop at an immigration checkpoint is a "seizure," Border Patrol may stop or slow vehicles, and question occupants at a checkpoint for Fourth Amendment purposes. See United States v. Martinez-Fuente, 428 U.S. 543, 562 (1976). Permanent interior checkpoints, such as the Highway 86 checkpoint, are maintained at or near important roads leading away from the border and "operate on a coordinated basis designed to avoid circumvention by smugglers and others who transport the illegal aliens." Id. at 552. A vehicle may be stopped at a permanent immigration checkpoint for brief initial questioning, and then referred to a secondary inspection area for further questioning "in the absence of an individualized suspicion." Id. at 562. An officer has wide discretion in making referrals to secondary. See id. at 564.

Other Questions


Is a stop at a permanent immigration checkpoint constitute a seizure under the Fourth Amendment? (MultiRegion, 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)
What constitutes a seizure under the Fourth Amendment for the purpose of search and seizure of a car? ("New York", United States of America)
What is the test for a Fourth Amendment claim of unreasonable seizure in a motor vehicle accident? (MultiRegion, United States of America)
What is the test for qualified immunity for Fourth Amendment violations under the Fourth Amendment? (MultiRegion, United States of America)
What constitutes a search or seizure for Fourth Amendment purposes? (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)
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)
What constitutes a seizure for the purposes of the Fourth Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.