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tptacektoday at 3:07 AM2 repliesview on HN

There's Supreme Court precedent establishing that this isn't the case. ACLU itself had backed off it, last I checked, but since they used it for a very long time in fundraising, people will never, ever stop believing that 80% of the United States lives in a "Constitution-free zone". You cannot in fact be border-searched on the streets of Chicago; in fact, you can't even be border-searched at a lawful fixed immigration checkpoint.

Border searches need a nexus to an actual border crossing.


Replies

joecool1029today at 5:11 AM

> There's Supreme Court precedent establishing that this isn't the case.

This? https://en.wikipedia.org/wiki/United_States_v._Martinez-Fuer... or is there newer now?

> ACLU itself had backed off it, last I checked

They did, the current page greatly narrows the scope of their border-zone guidance to the SCOTUS case I linked before: https://www.aclu.org/know-your-rights/border-zone

ryandraketoday at 5:29 AM

The words of the law don't seem to matter much anymore. If the government does something, and they receive no push back (either from the people supposed to be checking-and-balancing, or from the victim in the form of successful lawsuits), then they, for all intents and purposes, can in practice do that thing.