I have posted this a few times before but it merits it to be posted again... Judge Reaffirms Constitution Free Zones 100 Miles Inside U.S. Borders THIS HAS BEEN GOING ON FOR A LONG TIME... HISTORY: ARTICLE IN 2006--- Are You Living in a Constitution Free Zone? Are You Living In A Constitution Free Zone? See the interactive map »Are You Living In A Constitution Free Zone? See the interactive map » December 15, 2006 Using data provided by the U.S. Census Bureau, the ACLU has determined that nearly 2/3 of the entire US population (197.4 million people) live within 100 miles of the US land and coastal borders. The government is assuming extraordinary powers to stop and search individuals within this zone. This is not just about the border: This Constitution-Free Zone includes most of the nations largest metropolitan areas. LEGALLY: Legally, the 100-mile-wide region is called the “extended border” of the U.S., as defined by Title 8 of the Federal Code of Regulations. There is also something called the “functional equivalent” border, which is the area around international airports in the interior region of the U.S. 2009 Two analysis papers from the Congressional Research Service from 2009 offer some legal insight into what tactics agents can follow within the 100-mile-wide extended border, and why the distinction between the extended border and the other two borders is important. Searches within the 100-mile extended border zone, and outside of the immediate border-stop location, must meet three criteria: a person must have recently crossed a border; an agent should know that the object of a search hasn’t changed; and that “reasonable suspicion” of a criminal activity must exist, says the CRS. (The service had done the legal analyses to prepare Congress members for legislation.) “Although a search at the border’s functional equivalent and an extended border search require similar elements, the extended border search entails a potentially greater intrusion on a legitimate expectation of privacy. Thus, an extended border search always requires a showing of ‘reasonable suspicion’ of criminal activity, while a search at the functional equivalent of the border may not require any degree of suspicion whatsoever,” the CRS says. The fact that agents need to show “reasonable suspicion” outside direct border stops and airports puts their actions closer to the scope of the Fourth Amendment, says the CRS. “The Fourth Amendment mandates that a search or seizure conducted by a government agent must be ‘reasonable.’ As a general rule, courts have construed Fourth Amendment reasonableness as requiring probable cause and a judicially granted warrant. Nonetheless, the Supreme Court has recognized several exceptions to these requirements, one of which is the border search exception.” The argument about a Constitution-free zone may better apply to direct border stops and airports, where agents don’t need to explain why they are searching a computer or cell phone. So, there could still be a “Constitution-free zone,” based on the outcome of legal appeals. It would just be much smaller than that 100-mile band around the U.S.. The CRS says the Supreme Court has yet to consider a case involving the degree of suspicion needed to search laptops at the border without a warrant or reasonable suspicion. And in an evolving world where people keep much of their private lives stored on computers and cell phones, the issue should only grow in importance in coming years. blog.constitutioncenter.org/2013/02/does-a-constitution-free-zone-really-exist-in-america/ 2008 FACT SHEET PUT OUT BY ACLU ABOUT THE BORDER: Fact Sheet on U.S. Constitution Free Zone...October 22, 2008 The problem Normally under the Fourth Amendment of the U.S. Constitution, the American people are not generally subject to random and arbitrary stops and searches. The border, however, has always been an exception. There, the longstanding view is that the normal rules do not apply. For example the authorities do not need a warrant or probable cause to conduct a “routine search.” But what is “the border”? According to the government, it is a 100-mile wide strip that wraps around the “external boundary” of the United States. As a result of this claimed authority, individuals who are far away from the border, American citizens traveling from one place in America to another, are being stopped and harassed in ways that our Constitution does not permit. Border Patrol has been setting up checkpoints inland — on highways in states such as California, Texas and Arizona, and at ferry terminals in Washington State. Typically, the agents ask drivers and passengers about their citizenship. Unfortunately, our courts so far have permitted these kinds of checkpoints – legally speaking, they are “administrative” stops that are permitted only for the specific purpose of protecting the nation’s borders. They cannot become general drug-search or other law enforcement efforts. However, these stops by Border Patrol agents are not remaining confined to that border security purpose. On the roads of California and elsewhere in the nation – places far removed from the actual border – agents are stopping, interrogating, and searching Americans on an everyday basis with absolutely no suspicion of wrongdoing. The bottom line is that the extraordinary authorities that the government possesses at the border are spilling into regular American streets. Much of U.S. population affected Many Americans and Washington policymakers believe that this is a problem confined to the San Diego-Tijuana border or the dusty sands of Arizona or Texas, but these powers stretch far inland across the United States. To calculate what proportion of the U.S. population is affected by these powers, the ACLU created a map and spreadsheet showing the population and population centers that lie within 100 miles of any “external boundary” of the United States. The population estimates were calculated by examining the most recent US census numbers for all counties within 100 miles of these borders. Using numbers from the Population Distribution Branch of the US Census Bureau, we were able to estimate both the total number and a state-by-state population breakdown. The custom map was created with help from a map expert at World Sites Atlas. What we found is that fully TWO-THIRDS of the United States’ population lives within this Constitution-free or Constitution-lite Zone. That’s 197.4 million people who live within 100 miles of the US land and coastal borders. Nine of the top 10 largest metropolitan areas as determined by the 2000 census, fall within the Constitution-free Zone. (The only exception is #9, Dallas-Fort Worth.) Some states are considered to lie completely within the zone: Connecticut, Delaware, Florida, Hawaii, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Rhode Island and Vermont. Part of a broader problem The spread of border-search powers inland is part of a broad expansion of border powers with the potential to affect the lives of ordinary Americans who have never left their own country. It coincides with the development of numerous border technologies, including watch list and database systems such as the Automated Targeting System (ATS) traveler risk assessment program, identity and tracking systems such as electronic (RFID) passports, the Western Hemisphere Travel Initiative (WHTI), and intrusive technological schemes such as the Secure Border Initiative Network (SBINet) or “virtual border fence” and unmanned aerial vehicles (aka “drone aircraft”). In addition to the inland border searches conducted by Border Patrol agents, the Department of Homeland Security (DHS) claims the authority to conduct suspicionless searches of travelers’ electronic devices – including laptops and cell phones – at the border. While we do not know whether the government claims this authority throughout the 100-mile zone, such searches are particularly invasive as a result of the wealth of personal information stored on such devices. This illegitimate expansion of the extraordinary powers of agents at the border is also part of a general trend we have seen over the past 8 years of an untrammeled, heedless expansion of police and national security powers without regard to the effect on innocent Americans. This trend is also typical of the Bush Administration’s dragnet approach to law enforcement and national security. Instead of intelligent, competent, targeted efforts to stop terrorism, illegal immigration, and other crimes, what we have been seeing in area after area is an approach that turns us all into suspects. This approach seeks to sift through the entire U.S. population in the hopes of encountering the rare individual whom the authorities have a legitimate interest in. If the current generation of Americans does not challenge this creeping (and sometimes galloping) expansion of federal powers over the individual through the rationale of “border protection,” we are not doing our part to keep alive the rights and freedoms that we inherited, and will soon find that we have lost some or all of their right to go about their business, and travel around inside their own country, without interference from the authorities. https://aclu.org/technology-and-liberty/fact-sheet-us-constitution-free-zone MUCH OUT OF CONTEXT.. SAYS POLITIFACT... politifact/truth-o-meter/statements/2014/jan/13/facebook-posts/facebook-post-says-constitution-exemption-zones-ex/
Posted on: Sun, 23 Mar 2014 13:12:58 +0000
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