What is the test for conducting a border search without probable cause?
MultiRegion, United States of America
The following excerpt is from United States v. Almeida-Sanchez, 452 F.2d 459 (9th Cir. 1972):
Because the power to conduct a border search without probable cause "stems from illegal entry of goods or persons,"
[452 F.2d 463]
United States v. Markham, 440 F.2d 1119, 1123 (9th Cir. 1971), it may be exercised only in connection with a border crossing. This does not mean that a "border search" may be conducted only at a point of entry. It does mean, however, that to fall within the border-search exception to the probable cause requirement of the Fourth Amendment, a search conducted away from the immediate vicinity of the border must be the substantial equivalent of a search on entry. As usually stated, it must be "reasonably certain" from all the circumstances that any contraband that may be found aboard the vehicle would have been there at the time of entry. Thus, in Alexander v. United States, supra, 362 F.2d at 382-383:[452 F.2d 463]
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