Outbound Border Security
Customs agents have the authority to conduct patrols at ports of entry to stop dangerous or illegal objects from being brought into the country. But the MSC Poesia was leaving the country, not arriving. The passengers'possession of drugs in the U.S. was a crime, although not an offense customs agents are charged with preventing. Why were customs and border patrol agents involved in the raid?
The clear answer might simply be that these were the folks who brought the dogs. In United States v. Place and Illinois v. Caballes, the Supreme Court discovered that the sniff of a police dog doesn't constitute a "search" because it does not reveal any information regarding which an individual might have a fair expectation of privacy Veterans slam Trump for border 'stunt'. If the dog alerts its trainers to the possible presence of drugs, the non-canine officers have probable cause to investigate further.
Pay attention to the fact a CBP spokeswoman did not say just how many individuals were arrested, nor would she give their names. That information would let's follow-up the real results of the raid. This looks like an exercise whose purpose was publicity, not law enforcement. While the searches might have been defensible underneath the Supreme Court's rulings, I imagine a great criminal lawyer will make quick work of a prosecutor's case for failing continually to prove who packed a bag, or perhaps the drugs might have been introduced at the dock or afterward by someone other compared to owner. But this may only happen if there were really a prosecution, which is unlikely given the penny-ante results the raids produced.
Is this what we would like the Customs and Border Patrol to be doing today?
We have already seen border agents run roughshod over civil rights - namely the best traveling within U.S. borders in peace - along the Canadian border. Employing their authorization to interrogate anyone in just a "reasonable distance" of a border regarding immigration status, CBP agents regularly question individuals on buses and trains between U.S. cities.(2) The Lake Shore Limited Amtrak train, which runs between Chicago and New York without ever passing through Canada, is just a particular favorite haunt for roving border patrols.
I'm inclined to think that Americans smoking pot in America doesn't pose a lot of a threat to the nation, but it's even more obvious that Americans smoking pot in Honduras or Mexico, the MSC Poesia's two destinations, poses no threat at all. The Hondurans or the Mexicans might want to stop those drugs from entering their countries. For the reason that case, they could conduct their particular searches when passengers disembark.
The potential harm brought on by the pre-departure search, on the other hand, is obviously evident. The cruise ship industry is a significant part of the Florida economy. Every Saturday and Sunday morning, from fall through spring, at the least half dozen gigantic cruise liners pull into Port Everglades before sunrise and disgorge their passengers, while others get to Miami, West Palm Beach and elsewhere around the state. They often reload and depart on their next cruise right before sunset. Fewer ships call at the port on weekdays and in summer time, but there's still a significant number of activity.
This keeps a lot of people employed. There are those who focus on the ships themselves, individuals who drive passengers to and from the docks, individuals who sell food and other goods to passengers in their stopovers, and many others who directly or indirectly be determined by the cruise industry because of their livelihoods.
While I don't have any great desire to set about a cruise myself, I know I'd be even less likely to wish to hop aboard if doing so meant having my possessions scrutinized by federal agents who are on fishing expeditions. I imagine that others who're more interested in cruises are most likely equally uninterested in having their bags examined.
The cruise industry is focused on fostering an environment of hospitality and relaxation. Drug-sniffing dogs don't create quite exactly the same ambiance as, say, complimentary piƱa coladas might.
CBP agents have an essential and occasionally dangerous job protecting our borders, yet somehow this is simply not enough to keep the agency from trying to find other what to do. These extracurricular adventures have unpleasant police-state overtones. Someone needs to bring the border patrol, along with its dogs, to heel.
The clear answer might simply be that these were the folks who brought the dogs. In United States v. Place and Illinois v. Caballes, the Supreme Court discovered that the sniff of a police dog doesn't constitute a "search" because it does not reveal any information regarding which an individual might have a fair expectation of privacy Veterans slam Trump for border 'stunt'. If the dog alerts its trainers to the possible presence of drugs, the non-canine officers have probable cause to investigate further.
Pay attention to the fact a CBP spokeswoman did not say just how many individuals were arrested, nor would she give their names. That information would let's follow-up the real results of the raid. This looks like an exercise whose purpose was publicity, not law enforcement. While the searches might have been defensible underneath the Supreme Court's rulings, I imagine a great criminal lawyer will make quick work of a prosecutor's case for failing continually to prove who packed a bag, or perhaps the drugs might have been introduced at the dock or afterward by someone other compared to owner. But this may only happen if there were really a prosecution, which is unlikely given the penny-ante results the raids produced.
Is this what we would like the Customs and Border Patrol to be doing today?
We have already seen border agents run roughshod over civil rights - namely the best traveling within U.S. borders in peace - along the Canadian border. Employing their authorization to interrogate anyone in just a "reasonable distance" of a border regarding immigration status, CBP agents regularly question individuals on buses and trains between U.S. cities.(2) The Lake Shore Limited Amtrak train, which runs between Chicago and New York without ever passing through Canada, is just a particular favorite haunt for roving border patrols.
I'm inclined to think that Americans smoking pot in America doesn't pose a lot of a threat to the nation, but it's even more obvious that Americans smoking pot in Honduras or Mexico, the MSC Poesia's two destinations, poses no threat at all. The Hondurans or the Mexicans might want to stop those drugs from entering their countries. For the reason that case, they could conduct their particular searches when passengers disembark.
The potential harm brought on by the pre-departure search, on the other hand, is obviously evident. The cruise ship industry is a significant part of the Florida economy. Every Saturday and Sunday morning, from fall through spring, at the least half dozen gigantic cruise liners pull into Port Everglades before sunrise and disgorge their passengers, while others get to Miami, West Palm Beach and elsewhere around the state. They often reload and depart on their next cruise right before sunset. Fewer ships call at the port on weekdays and in summer time, but there's still a significant number of activity.
This keeps a lot of people employed. There are those who focus on the ships themselves, individuals who drive passengers to and from the docks, individuals who sell food and other goods to passengers in their stopovers, and many others who directly or indirectly be determined by the cruise industry because of their livelihoods.
While I don't have any great desire to set about a cruise myself, I know I'd be even less likely to wish to hop aboard if doing so meant having my possessions scrutinized by federal agents who are on fishing expeditions. I imagine that others who're more interested in cruises are most likely equally uninterested in having their bags examined.
The cruise industry is focused on fostering an environment of hospitality and relaxation. Drug-sniffing dogs don't create quite exactly the same ambiance as, say, complimentary piƱa coladas might.
CBP agents have an essential and occasionally dangerous job protecting our borders, yet somehow this is simply not enough to keep the agency from trying to find other what to do. These extracurricular adventures have unpleasant police-state overtones. Someone needs to bring the border patrol, along with its dogs, to heel.
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