The general principle (from the US Constitution and subsequent case law) is that to detain a person a law enforcement officer has to have a reasonable suspicion that a crime have been or about to be committed. Such a detention could only be brief while the law enforcement agency ascertains whether their suspicions are well founded enough to give grounds for arrest.
This principle applies unless there is a specific statute or a Supreme Court ruling that would give CBP additional powers specifically exempt them from the above. To my knowledge, no such statute or case law exist, so the principle applies.
Is far as the existence of a specific legal document - it would probably be in the CBP operations manual.
Note: I am not an attorney, so this is not a legal advice..;-))
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timeasmymeasure
no subject
Date: 2011-01-26 02:37 pm (UTC)This principle applies unless there is a specific statute or a Supreme Court ruling that would give CBP additional powers specifically exempt them from the above. To my knowledge, no such statute or case law exist, so the principle applies.
Is far as the existence of a specific legal document - it would probably be in the CBP operations manual.
Note: I am not an attorney, so this is not a legal advice..;-))