Please ensure you use the textbook, Criminal Law & Procedure as one of the reference sources
At the local airport, you set off the alarm on the magnetometer. If you announce, \”Never mind, I don\’t want to fly today,\” Can the security officials still detain you and search you for weapons?
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You are required to post an initial discussion post, answering the entire discussion question or questions, in at least 200 words, no later than 11:59 p.m. Friday of the discussion week. Responses should be at least 100 words.
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All initial posts should reference the textbook, Criminal Law & Procedure, and, at least one outside source. All sources must be cited using APA guidelines. Posts received after 11:59 p.m. Sunday of the discussion week, will not be accepted.
MODEL ANSWER
Detain and Search
The security officials have the right to search all travelers for weapons to ensure that everyone is secured at the airport. Detention can be enforced based on the circumstances that triggered the alarm. Generally, security officers at the airport have the right to stop people at the airport’s entrance to determine whether travelers are carrying admissible items and may also search travelers’ belongings for contraband (Perkins & Boyce, 2016). The government holds that the authority to search without individualized suspicion includes searches of electronic items such as mobile phones and laptops, something that results in a contested legal debate. Nevertheless, the unsettling truth is that customs officials have, for an extended period, exercised broad powers, some of which local people have no information about. For instance, border officers have search authorities that cover 100 air miles from the borders of the United States (Cryer et al., 2019). As such, the officials have right to stop and conduct thorough search on travelers at designated areas several kilometers away from the border.
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As a matter of fact, the Fourth Amendment protects everyone from unreasonable search and seizure (Cryer et al., 2019). However, the provisions of this amendment are limited, particularly when entering a foreign country at local and international terminals, ports as well as any other area that falls under the 100 miles of an external border. Such provisions have triggered alarm and confusion with respect to the powers held by border officials. A good number of travelers may find it hard to tell when these officials overstep their powers (Perkins & Boyce, 2016).
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References
Cryer, R., Robinson, D., & Vasiliev, S. (2019). An introduction to international criminal law and procedure. Cambridge University Press.
Perkins, R. M., & Boyce, R. N. (2016). Cases and materials on criminal law and procedure (p. 855). Foundation Press.