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01-2422 U.S. v. Yang

By: dmc-admin//April 8, 2002//

01-2422 U.S. v. Yang

By: dmc-admin//April 8, 2002//

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“It is the enforcement of the customs laws combined with the mandate of protecting the borders of the United States that permits the extension of the search rights of border authorities to allow non-routine searches in areas near our nation’s borders. Because the extended border doctrine strikes a sensible balance between these two interests we conclude that it is a valid legal standard applicable in this circuit. Thus, we now consider the relevant factors under this standard for determining the constitutionality of this search.”

“The search of Teng’s luggage was reasonable under the extended border search doctrine. The agents had a reason able certainty that he had crossed the border and that his luggage had not changed condition, and they had a reasonable suspicion that criminal activity was occurring. In addition, because Teng was not arrested prior to the search, it was not a search incident to an unlawful arrest.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Leinenweber, J., Manion, J.

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