Borderline: Why the Federal Government May Use Backscatter Technology to Search Vehicles and Containers at International Borders, but the Fourth Amendment May Block Its Use on Persons
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Authors
Bradshaw, William M.
Issue Date
2011
Volume
44
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|The Executive's power to secure the borders of the United States is nearly as old as the country itself. The United States Customs and Border Protection ("CBP") agency is the nation's frontline border agency, and CBP strives to protect United States borders from terrorism and prevent the smuggling of humans, weapons, and drugs. CBP's mission to control United States borders is of critical importance to the security of the American people and the United States economy. In recent years, CBP has begun utilizing backscatter technology ("BT") to help combat such problems and enhance border security. |BT is an x-ray technology that is capable of detecting weapons, drugs, explosives, and other contraband concealed on a person's body or inside vehicles or containers. BT detects such items by utilizing electronically generated x-rays to create photo-like images of the object examined. BT has the potential to increase national security, but with its ability to see through clothes, vehicles, and walls, BT is potentially one of the most invasive technologies conceivable. To date, no court has tried the issue of whether the use of BT constitutes a search under the Fourth Amendment, or what limitations the Fourth Amendment imposes upon its use, but courts have viewed the use of other high-tech threat detection technologies as searches under the Fourth Amendment...
Description
Citation
44 Creighton L. Rev. 1357 (2010-2011)
Publisher
Creighton University School of Law