Forum Discussion
DrewE
Jul 19, 2018Explorer II
NMDriver2 wrote:obgraham wrote:sgip2000 wrote:Good luck with that approach. How many baloney sandwiches in a row can you eat?
If you are a US citizen, you don't have to answer any questions or consent to any searches. Sure, they'll detain you, but eventually they have to let you go. Don't unlock your phones for them either.
Failing to stand up for your rights is how you loose them.
You cannot be legally detained for more than 20 minutes without cause if you are a US Citizen. Failure to answer their questions is not a legal cause. You do not loose your rights being near the border. You have the right to remain silent and are protected from unreasonable search. The Border Patrol would like you to believe they can strip search you without cause but they cannot. They will try to intimidate you if you let them. Know your rights. Read the ACLU web site on this subject.link
Your link specifically says that these standards do not apply when actually crossing the border at a customs and immigration post. They (customs and immigrations officers) do have a right to search you and your belongings, and I think detain you more or less indefinitely if you don't cooperate.
I've never had any real trouble going either way across the Canadian border. I have had my vehicle searched (fairly quickly) and have once or twice had to hand over the forbidden vegetable of the week. Being forthright and courteous goes a long way towards a smooth crossing. Being belligerent and demanding all the rights you have (and maybe actually don't have) tends to have the opposite effect, I would imagine.
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