California border crossing (non-international)

Discussion
1

While driving back from Lake Tahoe, NV this past weekend, I came upon a California border crossing, where they appear chiefly concerned with agricultural items.

After coming to a stop, officer friendly approached our car, and politely asked "Where do you live"? My wife blurted out "San Francisco". Then before I motion for her to let me do the talking, he said "any fruits or vegetables" and she said "no"

My intent was to say "Am I legally required to answer that question?" and I explained to my wife and her mom that unless we constantly assert our freedoms, they will surely be taken from us at an increasing rate. They weren't buying that argument, being more of the "if you don't have anything to hide" crowd. In their defense, they are both originally from the Philippines where asserting your "rights" might get you in serious trouble.

But anyways, I got to thinking that there's no WAY these intrastate border crossings can be constitutional. Does anyone know if there is any case law on the topic?

-Derek

2

Hi Derek,

Always nice to hear from you! How about intracity checkpoints, which have been challenged and found perfectly legal.

And BTW, asserting your rights in the U.S. can get you into serious trouble! That's why your wife answered before you had a chance to do so.

Marcy

3

Dear Derek And All Others

Regarding the agricultural inspection see this web site from state California
about that issue. The program started back in the 1920's because California
needed to and still needs to protect its agricultural crops from infestation
brought in by vehicles. Otherwise the mountains deserts and sea protect but
vehicles can and do bring in plant eating pests and plant blights.

http://www.cdfa.ca.gov/phpps/pe/ExteriorExclusion/borders.html

Don't know anything about any constitutional issues or case law about plant and
pest infestations.

Ron Getty

4

Thanks for the link Ron. A few clicks in gave this answer to the "legal authority" for the stops:

"The Department's legal authority for conducting vehicle and commodity inspections lies in the California Food and Agricultural Code, specifically Sections 5341-5353 and 6301-6465. Although submitting to inspection is voluntary, vehicle and commodities are not allowed to enter until released by an inspector."

So I guess their strongest argument constitutionally with respect especially to the 4th amendment is that your person is free to enter California, but not necessarily your car. It seems to potentially violate the commerce clause though.

The whole "voluntary" aspect though is like saying that turning over your wallet to me is completely voluntary, but the beatings will not stop until you do so!

-Derek