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Article: Constitutional law - Fourth Amendment - Ninth Circuit holds that destructive search of spare tire at border is constitutional.(Case Note)
- Article from:
- Harvard Law Review
- Article date:
- June 1, 2005
CopyrightCOPYRIGHT 2005 Harvard Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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CONSTITUTIONAL LAW--FOURTH AMENDMENT--NINTH CIRCUIT HOLDS THAT DESTRUCTIVE SEARCH OF SPARE TIRE AT BORDER IS CONSTITUTIONAL.--United States v. Cortez-Rocha, 394 F.3d 1115 (9th Cir. 2005).
In recent years, border search jurisprudence has diverged sharply from broader Fourth Amendment doctrine as courts have grown increasingly reluctant to apply traditional rules to assess the constitutionality of searches at the border. (1) While general Fourth Amendment jurisprudence reflects a conscious struggle to strike a balance between the protection of individual rights and the ability of government officials to fulfill their responsibilities effectively, border search ...