D.E. v. John Doe

I cannot join the majority’s interpretation of the Fourth Amendment. In holding that Customs and Border Protection (“CBP”) officers may, without reasonable suspicion, search individuals who are not in the process of crossing an international border, the majority stretches the “border search” exception to its breaking point.

A. Application of the Border Search Exception Must be Tethered to the Primary Purpose of the Exception

“A search without a warrant is ‘per se unreasonable under the Fourth Amendment subject only to a few specifically established and well-delineated exceptions.’ ” United…