What differentiates a search from a BISS and an EISS?

The defining characteristic of a search that differentiates it from both BISS (Border Inspection Security Search) and EISS (Expanded Immigration Security Search) is that a search requires probable cause and is specifically aimed at finding evidence of a crime or contraband. A search, under the Fourth Amendment, typically necessitates a warrant based on probable cause, highlighting a significant legal standard that must be met to ensure that the search is justified and lawful.

In contrast, BISS may be conducted at the border and could hinge on a slightly different standard, including reasonable suspicion but does not necessarily require the level of evidence that a probable cause search mandates. EISS, on the other hand, is performed without any form of suspicion, focusing instead on broader preventive measures, such as when a person enters or re-enters the U.S., to ensure security.

The emphasis on probable cause in a search delineates its distinct legal framework in law enforcement, ensuring that individual rights are protected while still allowing for the investigation of criminal activity. The search is a proactive method employed when there is a clear justification based on evidence, while BISS and EISS operate under varying requirements that do not elevate to that legal standard.