What is the current state of the law on border searches at airports across international borders?

MultiRegion, United States of America

The following excerpt is from U.S. v. Duncan, 693 F.2d 971 (9th Cir. 1982):

In this era of air travel, it is unreasonable to expect that persons can be searched at the exact moment they cross an international border. One will board a plane at a place within the interior borders of one country and not touch ground again until within the interior borders of a second country. Because of this, courts have recognized the validity of border searches at what are referred to as the "functional equivalent" of a border. See Almeida-Sanchez v. United States, 413 U.S. 266, 273, 93 S.Ct. 2535, 2539, 37 L.Ed.2d 596 (1973) ("a search of the passengers and cargo of an airplane arriving at a St. Louis airport after a nonstop flight from Mexico City would clearly be the functional equivalent of a border search"). See also United States v. Moore, 638 F.2d 1171, 1173 (9th Cir.1980).

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