The Fourth Amendment Restoration Act

Reaffirming that the Constitution applies to all persons within the territorial jurisdiction of the United States; Rejecting the administrative creation of zones where fundamental rights are suspended; Hereby restores the primacy of the Fourth Amendment over border enforcement operations.

Art. 1.

1. Redefinition of Border Search Authority: The authority of federal agents to conduct warrantless stops, searches, and seizures is strictly limited to:

a) Official Ports of Entry (airports, seaports, land crossings);

b) A geographical distance not exceeding 10 air miles (linear distance) from the external land or coastal maritime boundary.

2. Probable Cause Requirement: Outside the specific zones defined in Art. 1.1, Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents are subject to the same constitutional constraints as standard law enforcement. Any stop, detention, or search requires a judicial warrant supported by Probable Cause.

3. Repeal: Any federal regulations defining "reasonable distance" from the border as 100 miles are hereby null and void.

Art. 2.

1. Device Search Warrant: Agents are prohibited from accessing, copying, or analyzing the contents of electronic devices (phones, laptops) without a specific judicial warrant, even at the border.

2. Consent Coercion Ban: It is prohibited to condition entry into the country or release from detention upon the "voluntary" unlocking of a digital device or the disclosure of passwords. Consent obtained under threat of detention is invalid.

Art. 3.

1. End of Qualified Immunity: In civil actions brought against federal agents for the violation of constitutional rights, the defense of "Qualified Immunity" is abolished. Agents found to have knowingly violated the Fourth Amendment are personally liable for damages.

2. Mandatory Body Cameras: All agents engaged in field operations, arrests, or patrols must wear functioning body cameras.

a) Turning off or obscuring the camera during an interaction creates a legal presumption of misconduct.

b) Automatic Release: In any incident involving the discharge of a firearm or use of force resulting in injury/death, the unedited footage must be released to the victim's legal counsel and the Oversight Body within 72 hours.

c) Public Privacy Protection: For general public release, faces of bystanders and minors must be blurred. If technical limitations prevent this within 72 hours, the agency is granted a maximum extension of 48 hours to complete redaction. Prioritizing redaction cannot be used as a pretext for indefinite withholding.

3. Ban on Racial Profiling: Stops or detentions based solely or primarily on race, ethnicity, or language ability are prohibited and constitute a civil rights violation.

Art. 4.

1. Judicial Review: Every detained individual must be brought before an independent judge within 48 hours to determine the legality of the detention. Indefinite administrative detention is prohibited.

2. Access to Counsel: Detained individuals have the immediate right to communicate with legal counsel. Obstruction of this right invalidates any subsequent deportation proceedings.

3. Emergency Exception: In the event of a formally declared State of Emergency due to mass migration influx, the judicial review deadline (Art. 4.1) may be temporarily extended to a maximum of 96 hours. This extension acts as a temporary relief valve and cannot be applied on a permanent basis.

Art. 5.

1. Vacatio Legis: This Act shall take effect 180 days after its enactment to allow federal agencies and the judiciary sufficient time to adjust operational protocols and recruit necessary personnel.

EXPLANATORY MEMORANDUM (EXPOSÉ)

1. THE PROBLEM

Under current regulations, the "Border Zone" extends 100 miles into the interior, allowing federal agents to operate without Fourth Amendment constraints. This has led to tens of thousands of warrantless stops annually and created a militarized force operating with impunity.

2. THE OBJECTIVE

This Act restores the Rule of Law. By abolishing the 100-mile exception and removing immunity, we ensure law enforcement serves the people.

3. FINANCIAL IMPACT & FUNDING

Judicial Expansion: The requirement for 48-hour judicial review (Art. 4.1) will necessitate an expansion of the federal magistrate system.
Funding Source: Funding shall be guaranteed by the U.S. Treasury to ensure stability. This expenditure will be offset by a strategic reallocation of discretionary funds within the Department of Homeland Security, reducing non-essential equipment procurement to fund constitutional oversight.