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RE: Politically Motivated Border Searches Could Be Unconstitutional, Judge Rules | Threat Level | Wired.com

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RE: Politically Motivated Border Searches Could Be Unconstitutional, Judge Rules | Threat Level | Wired.com
by Decius at 8:44 pm EDT, Mar 29, 2012

Rattle wrote:
Some of your premises may be incorrect.

I am VERY well read on these issues.

What legal authority does TSA/US-Customs have to prevent the smuggling of narcotics?


CBP != TSA
TSA cannot target narcotics smuggling. That is not within their constitutional authority, CBP can and does.

If TSA finds narcotics they will, of course, prosecute, but actively looking for it is not within their charter. Its equivelent to the cops searching your house for tax evasion and finding a kilo of coke. You are going to be prosecuted for the coke but that is not the reason the warrant was issued.

CBP can and does target narcotics. Different legal framework,

The problem with these two individuals is that its sort of like the TSA targetting narcotics smuggling. Its unconstitutional.

Some mule with a stomach full of heroin stuffed condoms doesn't impact the security of flights, but it's well within the authority of TSA and US-Customs to go after them as far as they are concerned.

No. Again it is not within the authority of TSA to target heroin mules but they will prosecute them if they find them. It is within CBP authority.

RE: Politically Motivated Border Searches Could Be Unconstitutional, Judge Rules | Threat Level | Wired.com


 
 
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