Some Odd questions from Canadian Customs
So as some of you may know I just completed the drive from Tucson to Fairbanks and you can see some pics and the details on my other post. But here I thought I would highlight some very ODD questions ...
Forum Discussion
lakeside013104 wrote:The Texan wrote:
They have jurisdiction nationwide and within 100 miles of the border you have NO constitutional rights to refuse to answer or refuse to allow a search, withOUT PC.
The above statement is not accurate.
At the border, or the functional equivalent of the border, Probable Cause IS required for Border Officers to complete a border search or border seizure. The level of PC required is called: Mere Suspicion, which on the 4th Amendment level of Suspicions in order to gain PC, is at the lower end of the suspicion requirements. "Mere" is what it means, "very little".
To clarify: PC is required for a Border search. "Very little" or "Mere" suspicion by the inspection Officer qualifies as PC at the border. 4th Amendment law, with regards to Border search authority, allows the inspecting Officer considerable discretion.
Lakeside
Stop and think of what Lakeside just said..... He reinforced what I said, You have NO protection from the constitution at the border or withing the border jurisdiction area when confronted by the DHS officer.
As a LEO, which I was for 28½ years, if I went into a court and said to the judge, I had a suspicion that he was carrying a controlled substance, or had suspicions he had illegal info on his phone, I would have been laughed out of court and the case dismissed, but NOT the DHS officer when at or near the border
