Thanks for pointing that out—implying that officers have to 'manufacture' or create evidence would be a reach, which is precisely why I didn’t say it. I appreciate our pre-emptively diverting the discussion away from what could have been a sideways attack on my credibility.
Perhaps a facial recognition 'ping' was enough. If so, it certainly proves that Restrained Discretion is not a straitjacket. The government can secure the border and act on leads without needing 'Broad Discretion' to dig through everyone else's private life on a whim.
Secondly, under a 'Broad Discretion' system without a legal bar, getting through the border is more like a lottery. You're simply hoping you don't get picked because you 'look like' someone who might have a reason to be searched.
This might surprise, but I actually want a strong system of law and order: an agreed-upon framework where the rules are known. I want to cross the border under well-established laws, not just cross my fingers and hope I don't trigger a personal hunch or a 'ping' from surveillance I'm not allowed to see.
Thanks for all the disucssions it's been a very interesting thread and helped me clarify my thoughts. I think I need to bow out here, though—it’s taking me an hour to write these up! (If I can, I'm finding the discussion fascinating).