Using immigration checkpoints for drug searches?

The New Hampshire branch of the American Civil Liberties Union (ACLU) has filed a lawsuit that challenges the legality of drug arrests that were made during checkpoints on Interstate 93 in Woodstock near the border with Canada.

A mix of immigration and drug enforcement

This summer U.S. Customs and Border Protection collaborated with New Hampshire state and local police to search cars at a checkpoint about 90 miles from the Canadian border.

While officers asked travelers about their immigration status, drug-sniffing dogs circled each vehicle. If the dogs alerted, the car was diverted to a secondary checkpoint and searched for drugs. The state ultimately charged 42 people with minor drug possession charges, mostly marijuana violations. 33 people were detained for immigration violations.

A violation of constitutional rights?

According to the ACLU, the checkpoint violated the U.S. and New Hampshire Constitutions, particularly the protections against illegal searches.

The ACLU argues the primary purpose of the checkpoints was drug enforcement, not immigration enforcement, and there was no probable cause to justify searching every car for drugs.

"The New Hampshire Constitution is more protective of privacy than the United States Constitution. Yet (Customs and Border Protection), the (Woodstock Police Department), and the State Police all ignored these added privacy protections afforded to individuals in New Hampshire. They searched and seized all the individuals at these checkpoints without any reason to believe that they had committed a crime. This is not how a free society works."

- ACLU statement

Click here to learn more about the debate over immigration enforcement in New Hampshire.

Or a reasonable law enforcement tool?

The U.S. Border Patrol said the checkpoint is a legal and effective tool for enforcement of immigration and drug laws.

"The increase in apprehensions this fiscal year can be attributed to a more proactive enforcement posture over the last year, including increased checkpoint operations and transportation checks. We have also increased our intelligence capabilities which has resulted in improved targeting of transnational criminal organizations.”

- Border Patrol statement

What do you think? Do you support using immigration checkpoints near the Canadian border to search all travelers for drugs? Share your opinion in the comments below.