Can APHIS conduct inspections without a warrant?
Yes. Currently, APHIS conducts these types of inspections on passenger luggage and cargo every day at all U.S. international airports and most border crossings. APHIS inspectors look for prohibited agricultural products that could harm American agriculture by bringing in plant pests and diseases. Under the PPA, APHIS also has the authority to conduct inspections without warrants on interstate commerce, based on probable cause, as well as intrastate commerce as part of an extraordinary emergency. A working group of PPQ staffs and APHISí Investigative and Enforcement Services, with advice from USDA’s Office of General Counsel, is developing written guidelines for warrantless inspections. These guidelines will follow the U.S. Attorney Generalís guidelines for warrantless inspections and will include search criteria and procedures that ensure that warrantless inspections do not violate the legal or constitutional rights of citizens.
