Block on Trump's Asylum Ban Upheld by Supreme Court
In a Bivens action involving claims that then-pregnant plaintiff was detained and searched at an airport based on a suspicion that she was smuggling drugs internally, judgment for defendants is affirmed where: 1) pursuant to the long-standing right of the sovereign to protect its territorial integrity, preliminary searches and seizures are per se reasonable simply by virtue of the fact that they occur at the border; 2) defendants acted reasonably in detaining plaintiff and taking her to a hospital for further, more intrusive, examinations; and 3) state law tort claims were barred under the Supremacy Clause.
Filed July 15, 2009
Opinion by Judge Tjoflat
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.