U.S. Second Circuit Upholds Detention Search of Muslims at Border: Tabbaa v. Chertoff
The following is an excerpt from the 4th Amendment.com blog:
"In what is a significant border search case from the Second Circuit, five men attended an Islamic conference in Toronto, and Homeland Security received intelligence information that people attending the conference had potential terrorist connections. So, the government watched for any coming into the U.S. near Toronto. The plaintiffs crossed at Buffalo and, without any individualized suspicion (and without any criminal history), they were subjected to Customs treatment expected for a suspected terrorist: forced patdowns and fingerprinting, photographing, and detention and questioning for up to six hours. After it was determined that they were not a threat, they were released and permitted entry, and their fingerprints and photographs were later purged. They sued, inter alia, under the First and Fourth Amendment. The Second Circuit held that, assuming the facts stated by the plaintiffs were true, the government had plenary authority at the border, and it was permissible based on the intelligence the government received"
Tabbaa v. Chertoff, 06-0119-cv, 2d Cir.
