the supreme court has had much to say on this topic. Generally the state
has a more compelling interest at borders. International borders, the
most;
interstate borders, less but still rather compelling. What this means is
that individuals have fewer rights while crossing from one state into
another.
The Supreme Court has routinely upheld STOPS when they're random or done
to
every car and when they impact the safety of the roads themselves (eg
sobriety checkpoints). However, this does not mean necessarily that your
car can be SEARCHED without individual suspicion even at interstate border
checkpoints.
Generally to be completely constitutional the police need particularized
suspicion or consent by you to do a search.
For example, if you're driving into CA and there's a roadblock at the
border
and the person there says "Are you bringing in any noxious plants" or
whatever and you say "yes" well then you've given them particularized
suspicion to do a search. If they say "Mind if we search your car?" and
you
say "ok" then you've given them consent.
The trick is not to do these things. If, horror of horrors, you're
bringing
back hi-cap magazines you want to:
1) Make sure the cops don't see you walking out of the store with them in
your hand
2) Make sure they're not sitting on a seat next to you
3) Make sure you're not doing anything else illegal that would give the
cops
reasonable suspicion to arrest you
4) Make sure you don't consent to a search when asked
5) Make sure you don't say anything stupid that would give them reasonable
suspicion.
I remember I was driving around south-eastern San Diego county a few years
back.. way out where they have people coming over the border from Mexico
with drugs. I got to a checkpoint and they said "Whatcha doing out here"
and I say "Oh just driving around." The cop said "Mind if I search your
trunk?" I said "I do not consent to a search." He got huffy and went to
get
his sergeant, who came back and said, "Why don't you want us to do a
search -- are you in a hurry?" and I said "No, but my attorney alway
advises me never to consent to a search." And he said "Ok" and waived me
through.
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