[G]eographical considerations are set forth to indicate the potential scope of legal problems that might arise at an international border. The mere length of the border permits imaginative speculation regarding possible violations of customs laws. Although some aspects of the law applicable at the international border are well settled, neither legislative insight nor fertile imagination nor past experience provide sufficient perception to cover the myriad situations that can arise at the border. Furthermore, new developments in related fields must be examined insofar as the border-crossing situation may affect or be affected by them. As a result, there ate the following areas of interest: the nature of the fourth amendment prohibition against unreasonable searches and seizures in its application to the border; the subsequent importation, without declaration, of contraband taken from the United States into a foreign country; the applicability of the fifth amendment privilege against self-incrimination to the proscriptions against illegal importation and to the statutory presumptions; the introduction of contraband into the United States with the consent and knowledge of governmental agents; the disclosure of the identity of the border informer, and the procedure to be followed in determining this issue; the admissibility of responses to interrogatories during temporary detention by governmental officials at the border; and the nature of "intent" required by each illegal importation statute, and the possibility of overlapping application of the statutes.
Josph A. Milchen,
Criminal Law at the International Border,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol6/iss1/2