Your customs experiences re-entering the US from Canada?

AKsilvereagle 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.

This statement is pretty misleading pertaining to crossing international borders upon re-entry to the United States as I will comment on this also......

As a United States citizen, you DO have the fundamental right NOT to answer any questions to any law enforcement agency within the United States, that is a given.

For a US citizen re-entering the United States, all that is required is satisfied official documentation of:

-Proof of Identity and -Proof of Citizenship

If any US citizen cannot provide the required documentation upon re-entering the United States, one would go thru additional screening measures UNTIL officials are satisfied of the established required proofs on an individual.

...in which the "Sure they'll detain you, but eventually they have to let you go" statement only pertains to US citizens cannot be denied entry or re-entry into the United States (in other words one would wish they would have presented a passport or equivalent documentation upon entry going thru that scrutiny).


As far as a US citizen that don't have to or unauthorizing "consent to any searches" :

This clearly does NOT apply to US federal jurisdiction upon entering the United States, upon entry or within federal installations, upon entry or within federal controlled or restricted areas....

All individuals and personal property entering any of these US federal entities mentioned, regardless of their citizenship are subject to "search and seizure" as federal officials do not need any consent or permission to search individuals or personal property when entering or crossing thru federal property or entities.

However when it comes to US citizens consenting to any searches, that individual right only pertains to one's personal property or private dwelling as any government level official or agency would need a court order for authorization and legit probable cause.....Non US citizens rights would follow under the immigration laws.

Once US CBP officials establish proof of identity and citizenship on an individual entering the United States, it is at the official's DISCRETION whether to enact additional enforcement of measures on regulations pertaining to potential importation of products in the United States - which means the individual might be required to provide information on a legal document called a declaration form, and once that form is completed - officials more likely will conduct a search to check compliance of personal belongings with or without a declaration form.

As other members posting significant points mentioned pertaining upon the quote statement, that would be bad advice if one follows it refusing to answer questions upon entering the United States as one could have all their possessions seized for probable cause including phones..... and no matter how much you lawyer up, the legal system will not be in one's favor regardless of individual rights.

The only one question I ever did stand up to and refuse to answer to any border official was in Sep 2009 upon re-entry at Port Alcan when US Customs gave me a pretty hard time with the panty searching, drug sniffing canine and all, as one of two officials throwing questions at me left and right asked me if I had a social security card and I stated yes but it is not in my possession as I do not carry it on me....

Then the officer asked me what is my social security number, as I stated that with all due respect, I refuse to disclose the number due to potential crime deterrent and identity theft deterrent as federal law states that I have the right to safeguard my number, and if I am to be detained and not cleared by your agency by refusing to disclose my number I will feel obligated to provide the information under duress, as I am sure you have authorization to view my database which that number is clearly on file anyway...

The officer gave me a confident look and stated to me that it won't be necessary.

Other than that, I just comply to their instructions and answer their questions fully.

Your information and point of view was accurate and interesting to read. Thanks for taking the time to post.

I might add, I understand your reluctance in giving your SS# to ANYONE. I offer this suggestion if ever asked for your SS# at the border by a CBP Officer in the future:

"Officer, I have reluctance to divulge my SS# to anyone. I am sure you can appreciate my reluctance considering the cyber security issues this country is experiencing. I am happy to give you the last four digits of my SS# so that you can confirm in your systems, that I have a valid number. Thank you for understanding my concerns".

These four numbers will usually satisfy the Officer's concern's about you actually having a valid SS#. Most likely he/she would not dig deeper into the question.

Hope this helps.

Lakeside