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by tptacek 205 days ago
I think one thing that happens in these discussions is that people lose sight of how big a deal an actual border search is. An actual border search (I've had the pleasure! And mine was on the mild end of things.) is much worse than a search incident to arrest.

What I feel like people do here is map everyday abusive law enforcement behavior onto that border search exemption without realizing that what they're actually suggesting is that people should expect (and thus roll with) a "tear everything apart, search under clothes, maximally invasive" border search, which is what the Constitution authorizes at an actual border crossing.

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Drive a white Altima across I20 from Abilene to Shreveport. Be a good boy and drive within the speed limit. You'll get pulled over for suspicion of being a drug mule. Of course you're innocent, but if you decline to allow them to search your car, they'll call in a drug dog that's trained to alert whenever its handler wants. So they toss your car and all your belongings. Strip out all the door panels, everything. If they want, they can plant evidence and jail you. If they decide to be nice, they just leave you on the side of the road trying to figure out how to put your car back together.