Forum Discussion
63 Replies
- JaxDadExplorer IIII cross the border often, very often.. while I’m sure that shows in their records, likely also that there’s never been any issues either.
It’s rarely more than 3 or 4 questions and the only times I get referred to secondary is when I’m declaring something.
They’re doing a tough job and making it tougher is just silly. - rhagfoExplorer III
RTCastillo wrote:
TenOC wrote:
sgip2000 wrote:
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.
The US courts have ruled that been near a border is grounds for a search -- which can be VERY invasive. Protection of the border outweighs your right to not be searched.
And the aggravation and hours of detention is simply just not worth it.
Spig2000, you must really like making waives. They (boarded agents) can give back as much as you give, many times over. - ReneeGExplorer
agesilaus wrote:
ReneeG wrote:
No, but we were extensively questioned, our truck walked around and looked into. They don't fool around, coming or going.
First time was just a drive thru with brief questioning, the second they searched the fiver. Just looked around inside for a few minutes actually. They must have thought we might have Red Green in there.
They made us feel like criminals. Asked us what we did for a living, then said we had a nice truck for being a computer analyst! What kind of comment was that? Our lab is friendly to everyone and when he came around to give her a dog cookie, she turned her head and moved to the other side! This dog does not turn down food of any kind! - LexxExplorerWe've now crossed into Canada twice and once back into the USA on our 70 day summer trip.
Entering Canada is super easy. They ask rote questions about food, alcohol and tobacco products.
Coming back into the USA in the Okanagan region, we crossed a small checkpoint. We were asked the usual "how long have you been in Canada" and then do you have any alcohol, tobacco, produce, forearms questions.
Agent did note and ask why I had no license plate for our trailer. I explained that California DMV lost our plate in the mail. I showed her our temp registration. No big deal.
She then handed our passports and asked us to pull over so they could look around the trailer. I thought they were going to give us a hard time.
I pulled the trailer over to where she directed. I opened the door for another agent. She went inside to look at the refrigerator (which was off because it had broken). It took her all of less than a minute. She said thank you and that was it.
IMO the best approach is to just answer their wuestions, be polite and cooperative. They have a zillion people to deal with on a daily basis. It's not personal if they ask what seems like insulting questions. They are doing a difficult job. Make their life difficult and they will make yours hell.
Just roll down the front and back windows as you roll up. Take your hat off you have one off. Make sure your sun glasses are off. Answer their questions directly and honestly. And you'll be on your way. - OrionExplorerI'm wondering if this stance has been taken by the writers when crossing the border and how it worked out?
- TenOCNomadThe Supreme Court has clearly and repeatedly confirmed that the border search exception applies within 100 miles of the border of the United States as seen in cases such as United States v. Martinez-Fuerte (Simple Link) (Compete link from the Supreme Court) where it was held that the Border Patrol's routine stopping of a vehicle at a permanent checkpoint located on a major highway away from the Mexican border for brief questioning of the vehicle's occupants is consistent with the Fourth Amendment.
- CroweExplorerI don't understand the posturing and getting so wrapped around the axle over this. If it bothers you so much to be questioned then don't cross the border. I've done numerous crossings and only had one issue trying to get back in to the US. If you respect them they will generally respect you. If you are arrogant and non-cooperative just to be arrogant and non-cooperative then you deserve to be detained. They are doing their jobs to protect both countries. Get over yourselves and deal or don't go.
- agesilausExplorer IIIFrom a Lib pub:
On Phone searches-
American border agents have the legal authority to conduct searches at the United States border that a police officer on the street wouldn’t. Laws that allow agents to search bags without a judge’s approval, for the purposes of immigration or security compliance, have been extended to digital devices.
"You may end up losing your device, since agents could seize the device for weeks before it is returned. They could also copy the data. (That data must be destroyed “as expeditiously as possible” if it is not valuable, according to Homeland Security policy.) NYT - DrewEExplorer 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. - agesilausExplorer IIIMost people are supportive of the Police forces in this country including the Border Patrol. They have a very difficult job. Being non-cooperative just causes trouble for you.
I'm all for standing up for your rights, if there is a reason to believe that these rights are being infringed. Otherwise just cooperate, these guys just want to get the day over with and go home like the rest of us. Except for a small minority that prefers getting thrown in a holding cell.
The rest of us just want to get thru the gate and on our way.
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