Chairman. we have been told that this amendment would not apply within 25 miles of the border. That is absolutely correct. The Border Patrol agents would have to stop when they reached the 25mile limit and get a search warrant. What we are talking about here is smugglers dropping off their load of illegal aliens just below border check points. for the simple reason they know where these are. and without the ability to track and apprehend these aliens. border enforcement is rendered almost useless. With respect to the law. the current practice with regard to entry of INS officers on open lands without a warrant is supported by the U.S. Supreme Court decisions in Hester.
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