On the recordMay 22, 2002
I want to say that our customs officials and agencies and employees are our first line of defense against terrorism. They do a fantastic job. But under this particular bill they are granted immunity for their conduct when they perform searches, and personal searches, if indeed the search was made in good faith. Now, under the Constitution, the standard for liability is not really whether or not there has been good faith but whether or not it has been reasonable, and that is the proper test that we have to use. This is the constitutional test we have to use. And there is no evidence that blanket immunity by the Federal Government and by the customs agency, even though the search may have been performed in good faith, should leave our American citizens without any recourse. In our fight against terrorism, we must make certain that we do not do damage to the principles of civil rights and certainly not do damage to the constitutional rights of American citizens.
Source
govinfo.gov




