Community
Wiki Posts
Search

Access to legal counsel at port of entry

Thread Tools
 
Search this Thread
 
Old Jul 5, 2015, 8:41 am
  #61  
 
Join Date: Jan 2009
Programs: Hilton Diamond, IHG Spire Ambassador, Radisson Gold, Hyatt Discoverist
Posts: 3,623
Originally Posted by Kagehitokiri
re status of CBP, odd CBP dont seem to routinely charge people for lying... maybe they realize negative publicity possibilities and only do it sometimes?
False statements cases aren't that easy to prove, I think you have to prove that the person knowingly made the false statement about something "material." Many of CBP's questions are routine and arguable about "non-material" things, if they ask if you have any fruit in your bag and you say no and they find an apple, you can just say that you forgot it was there.

CBP interactions with travelers are not recorded, making it trickier to prove exactly what was asked and what the answer was.

If a foreigner lies to CBP, it's easiest just to deny them entry and put them on a place home, rather than trying to keep them in the US and prosecute them for the lie.

There was a well publicized case two years ago where CBP trumped up charges against a Saudi national for supposedly making false statements about why he was bringing a pressure cooker into the US. You can read more about that here:

http://www.flyertalk.com/forum/check...re-cooker.html
jphripjah is offline  
Old Jul 5, 2015, 10:50 am
  #62  
FlyerTalk Evangelist
 
Join Date: Jun 2006
Location: IAD/DCA
Posts: 31,797
interesting point re material

as they are simply fishing most of the time (what actual crimes are they looking for?)
Kagehitokiri is offline  
Old Jul 6, 2015, 5:07 am
  #63  
 
Join Date: Jan 2009
Programs: Hilton Diamond, IHG Spire Ambassador, Radisson Gold, Hyatt Discoverist
Posts: 3,623
Originally Posted by Kagehitokiri
interesting point re material

as they are simply fishing most of the time (what actual crimes are they looking for?)
Drug smuggling, terrorism, child sex tourism and child pornography, money laundering etc.

Mostly drug smuggling.
jphripjah is offline  
Old Jul 6, 2015, 10:58 am
  #64  
FlyerTalk Evangelist
 
Join Date: Jun 2006
Location: IAD/DCA
Posts: 31,797
Originally Posted by jphripjah
Drug smuggling, terrorism, child sex tourism and child pornography, money laundering etc.

Mostly drug smuggling.
not limited to those when questioning anyone who goes to a non-touristy country
Kagehitokiri is offline  
Old Jul 9, 2015, 6:28 pm
  #65  
 
Join Date: Jul 2015
Location: LAX
Programs: Motel 8 - Copper
Posts: 89
Originally Posted by Kagehitokiri
not limited to those when questioning anyone who goes to a non-touristy country
Or a country on their watch and/or route list. Flying in from Colombia to Mia, for example, is one of those routes where you have a much higher chance to get grilled. When I go to BOG on business and have to stop in FL on the return trip, I always choose MCO everytime.
SimonB77 is offline  
Old Jul 12, 2015, 2:17 am
  #66  
FlyerTalk Evangelist
 
Join Date: Apr 2009
Location: Bye Delta
Programs: AA EXP, HH Diamond, IHG Plat, Hyatt Plat, Marriott Plat, Nat'l Exec Elite, Avis Presidents Club
Posts: 16,273
Originally Posted by MaxBuck
The State of Ohio has solved the problem of uncooperative motorists at sobriety checkpoints by passing ORC 4511.191, Implied Consent. Specifically,

Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have given consent to a chemical test or tests of the person's whole blood, blood serum or plasma, breath, or urine to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of the person's whole blood, blood serum or plasma, breath, or urine if arrested for a violation of division (A) or (B) of section 4511.19 of the Revised Code, section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI ordinance.
No they haven't. You have only given your consent to testing once you have been arrested. Bolded that part.
javabytes is offline  
Old Jul 13, 2015, 7:28 am
  #67  
 
Join Date: Nov 2007
Location: WAS
Programs: enjoyed being warm spit for a few years on CO/UA but now nothing :(
Posts: 2,507
Originally Posted by javabytes
No they haven't. You have only given your consent to testing once you have been arrested. Bolded that part.
That is a highly important distinction Java points out that many people do not know.

Most people, myself included, often do not know the rules that apply when asked a question by a law enforcement officer. Cops rely on this lack of knowledge all the time to establish probable cause to arrest people - it's their bread butter of their trade. But regular citizens have very little contact with law enforcement, are never trained or even informed of what the rules are nor their rights in such situations. And so they end up giving the hangman the rope.
Section 107 is offline  


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.