Abstract

The protection afforded by the fourth amendment against unreasonable searches and seizures is two pronged. The first prong deals with whether it is reasonable to make a search in the first instance. This reasonableness has traditionally included the requirement of probable cause. Although probable cause is a difficult standard to define, it must be established from the facts and circumstances of a particular case. The second prong deals with the reasonableness of the actual physical search, notwithstanding the existence of probable cause. Both of these standards must be met for a search and seizure to be valid under the fourth amendment.

Border searches are considered an exception to the fourth amendment. Although it is generally stated that border searches are an exception only to the probable cause requirement, as opposed to the entire fourth amendment, it is submitted that ignoring the probable cause mandate eviscerates the fourth amendment and renders it ineffective as a constitutional protection against unreasonable searches and seizures.

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