Border Search Okay, Even If Driver Never “Crossed” Border

After making a U-turn at a border crossing, the warrantless border search was constitutional because the subjective intent of the driver did not matter

D.E. v. Doe, 2016 BL 276645, 6th Cir., No. 15-2128, 8/26/16.

   The Sixth Circuit held that border patrol agents did not conduct an illegal warrantless search at a border crossing, even if the driver did not actually cross the border. The driver, after mistakenly entering a border crossing into Canada, made a U-turn at the station and was stopped by U.S. border patrol agents. After being stopped, the driver's vehicle was searched and drugs were discovered in the vehicle. The court upheld the search, clarifying  that the subjective intent of the driver, whether wanting to cross the border or not, does not have any impact on the broad search powers at an international border crossing setting. It was irrelevant that the driver did not want to cross the border.

https://www.bloomberglaw.com/public/desktop/document/DE_v_Doe_No_152128_2016_BL_276645_6th_Cir_Aug_25_2016_Court_Opini?1472748746