The United States Border Patrol Has Used Traffic Checkpoints to Help

The United States Border Patrol has used traffic checkpoints to help

secure our nation's borders since 1924.Border Patrol checkpoints have

been strategically located on routes leading away from the border, and

they have proven to be an effective component of our defense-in-depth

enforcement strategy designed to protect America.

Since the terrorist attacks on September 11, 2001, the Border Patrol's

priority mission has been to prevent the entry of terrorists and

terrorist weapons into the United States.However, Border Patrol agents

are mindful that the primary purpose of a checkpoint is, and has always

been, immigration enforcement.When Border Patrol agents observe

violations of other laws while conducting checkpoint operations, they are

trained to take appropriate enforcement action.

While conducting checkpoint operations, Border Patrol agents are trained

to enforce the law with utmost respect for the legal rights of the

traveling public.Border Patrol checkpoints do not give Border Patrol

agents carte blanche to randomly search vehicles or hassle motorists.

When stopped at a Border Patrol checkpoint, motorists should expect that

Border Patrol agents will ask a few brief questions, request to inspect

certain documents, and conduct a brief visual or canine inspection of the

exterior of a vehicle.Border Patrol agents may selectively refer

vehicles for secondary inspection, and may request permission to search

the vehicle.While the vast majority of law-abiding motorists readily

cooperate with our checkpoint inspections, Border Patrol agents will not

search a vehicle unless they receive consent or develop probable cause.

The constitutionality of Border Patrol checkpoints has already been

vigorously debated in the courts, and the law has been firmly established

in 1976.In a landmark decision known as U.S. v. Martinez-Fuerte, the

United States Supreme Court upheld the Border Patrol's authority to

conduct traffic checkpoint operations while respecting the privacy

protections of the Fourth Amendment.

The Border Patrol is committed to vigorous enforcement within the bounds

of the law, and Border Patrol agents have an obligation to treat

motorists with professionalism and respect during checkpoint inspections.

If any member of the traveling public has a question or concern

regarding any aspect of our checkpoint operations, they should ask to

speak to an on-duty supervisor to assure a prompt resolution.

We rely on continued public support in order to accomplish our important

border security mission, and we invite community feedback regarding our

checkpoint operations.

Thank you.

Ralph DeSio

U.S. Customs and Border Protection

Public Affairs Specialist

San Diego

(619) 216-4052