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
PackerBacker wrote:
I think a point for clarity on the '100 mile' border jurisdiction is that US Border Services do not typically stop travellers at random while patrolling an area like state police or a sheriff might do. They set up inspection sights such as along an Interstate and they stop everyone. Some they flag through, some they inspect more thoroughly; a lot of it is random.
... Eric
Great comment Mr PackerBacker. I believe you are correct.
The Border Patrol Agents (BP)(green uniforms & green vehicles) and Customs & Border Protection Officers (CBP) (blue uniforms and blue vehicles) both certainly have the authority to stop any and all vehicles on the highway, especially within the 100 air mile limit of a US border.
The difference in the kind of stop they would initiate falls under different authorities within the 4th Amendment.
A road block is where all vehicles are stopped and further inspection is completed on a given vehicle as probable cause (PC) is discovered. If no PC is evident and evident within a very short time frame, the subject vehicle is released to continue their journey.
If PC is readily discovered, such as improper documents for non US citizens, K9 alert to a vehicle, obvious physical clues of distress from the occupants, or verbal and non verbal indicators of deception from the occupants, then, and only then, is the subject vehicle referred for further inspection.
Non road block stops are authorized to be conducted on any vehicle that is a danger to society, example: suspected DUI, erratic and dangerous driving, any vehicle that the communications center has put a look out and stop on, or any vehicle that has committed a felony in front of the BP Agent or CBP Officer, etc.
After the stop is made is where the rules become interesting. Remember BP Agents and CBP Officers are employed under the Department of Homeland Security, which is a federal entity. Completing a non-road block stop is authorized, BUT not for enforcing STATE laws by federal personnel. When these non-road block stops are conducted by a BP Agent or a CBP Officer it is with the understanding that the subject vehicle will be held and turned over to the State jurisdiction within the state where the stop was conducted for any further inspection and/or prosecution.
I believe Mr PackerBacker, we have commented on this subject with almost the same point of view. Thank you for sharing yours views with us.
This post is not meant to be off the topic of Canadian Customs questions asked, but I believe the Canadians have similar rules of authority as compared to US authorities.
Lakeside
