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D.P.R.: Marina was functional equivalent of the border for a fishing boat

By John Wesley Hall, Jr.

A marina in Puerto Rico was the functional equivalent of the border where there was a high degree of probability that the boat had not changed between being in international waters and arriving in port. United States v. Andujar-Aponte, 2009 U.S. Dist. LEXIS 124959 (D. P.R. November 10, 2009)*: The first issue is whether the agents in this case had "reasonable certainty" or "a high degree of probability" that a border was crossed. "The sea boundary of the United States territory is a marine league (three geographic miles) from shore, Cunard S.S. Co. v. Mellon, 262 U.S. 100, 122, 43 S. Ct. 504, 67 L. Ed. 894 (1923), and comprises a border for fourth amendment purposes." United States v. Victoria-Peguero, 920 F.2d at 80 (citing United States v...continue to full post

Full post as published by Fourth Amendment on February 16, 2010 (boomark / email).