Some Odd questions from Canadian Customs

The Texan wrote:

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

Greetings Mr Texan,

Thank you for your service.

I think we are close to providing similar points. I believe it all goes back to; The expectation of privacy.

Which differs in your home, traveling on the public way, or in your own bath room. The expectation of privacy, as guaranteed by the 4th Amendment, is at a higher level in these situations. In other words, we don't expect someone to burst into our bath room, home, or car unless of course we are actively engaged in committing a felony.

On the other hand, when we are approaching a US border, after having been in a foreign country, a reasonable person's expectation is that one would be asked questions, perhaps luggage would be searched, and one's vehicle might be searched.

I believe the mere fact that one was in a foreign country and is returning to the US, a reasonable person's expectation would be that they most probably would be searched in some manner.

That same reasonable person would expect NOT to be searched in their own home, car, or bath room without some sort of serious mitigating factors.

A person arriving at the border most certainly has "rights". The only point I am attempting to reinforce is that the suspicion level to gain PC at the border is lower than the suspicion level your years as an LEO was required to have before you could complete an enforcement action.

Good discussion. Thank you Mr Texan and thank you mods for allowing us to continue.

Lakeside