can new US citizen refuse to answer unreasonable questions by CBP officer at airport?
#16
Join Date: Jun 2008
Location: Texas
Programs: American Airlines British Airways
Posts: 1,752
I think the questions were to 'trip' you, see if you'd break a sweat, get nervous, etc. You're within your rights to refuse to answer, just as the agent is within his rights to search your person + possessions if he has doubts that you may be breaking a/some law(s).
Bottom line, it's probably in your interest to answer the questions for the purpose of speeding things up.
HTSC
Bottom line, it's probably in your interest to answer the questions for the purpose of speeding things up.
HTSC
#18
Join Date: Sep 2002
Location: Orlando, FL, US
Programs: DL-Dirt Medallion;US-Cast Iron Preferred; HH-Gold; Avis First
Posts: 3,617
Or, it could be the other way around. It could be that the CPB agent, in the process of trying to verify the OP's identity, found that the OP already had a license for a firearm, and asked the question to confirm the OP's identity.
But this is just speculation on my part ...
But this is just speculation on my part ...
#19
Join Date: Jan 2009
Posts: 340
There could be many reasons why this occurred. A possible name match may have occurred and to ascertain who is in front of the officer, several specific questions can immediately dtermine if the subject in front of the officer is who he says he is.
Refuse to answer questions can and will lead to delays in clearing the examination.
At the end of this, a comment card, postage paid and preaddressed, is supposed to be issued. If one is not issued, request one. Ensure the port code is on the card. These cards ARE looked at.
Refuse to answer questions can and will lead to delays in clearing the examination.
At the end of this, a comment card, postage paid and preaddressed, is supposed to be issued. If one is not issued, request one. Ensure the port code is on the card. These cards ARE looked at.
#21
Join Date: Sep 2003
Location: W29
Programs: It's Complicated...
Posts: 6,809
Sure they can. But for every action there is an equal and opposite reaction. In other words....get ready for the strip search.
#22
Join Date: Jul 2006
Posts: 1,343
I recently came back from south america, and am a jus soli usc and the CBP guys asked me when and why did you go to india? All he had to do was look at my entry and exit stamps to figure that stuff out, I laughed a little and told him I don't know..and went on my way. I always have fun when trying to re-enter, don't let this bother you, just imagine if someone entered on a fake usc passport and the next day hijacked a plane that killed one of your family members..you'd be like damn CBP, why arent they doing a better job, etc..
#23
Join Date: May 2003
Location: GEG
Programs: Motel 6 Club Avoir Le Cafard
Posts: 5,027
So, my advice would be that you answer all questions truthfully and cordially.
Bottom line, it's probably in your interest to answer the questions for the purpose of speeding things up.
OP, congratulations on becoming a US Citizen. One of the rights you have is the right to say nothing at all to any law enforcement officer, federal, state, or local. Please view the following videos to learn why it is always a bad idea to answer any questions posed to you by any law enforcement officer under any circumstances. And please, pretty please, view any legal advice with great skepticism unless the person giving it to you is a trained lawyer.
Don't Talk to Cops
www.youtube.com/watch?v=i8z7NC5sgik
www.youtube.com/watch?v=08fZQWjDVKE
#24
Join Date: Mar 2001
Location: Dallas
Programs: AA PLT/5MM; AS MVP GLD 75K; DL DM; EK SLV; HHonors DIAM; Marriott GLD
Posts: 4,092
#25
Join Date: Mar 2007
Location: Somewhere near BWI
Programs: DL DM, HH Dia, SPG Gold, MR Plat, Hertz PC
Posts: 3,654
Possession of a valid US passport, validated through the appropriate electronic database processes, should be sufficient to prove identity of a returning US citizen.
#26
Join Date: Jul 2005
Location: Brussels, Belgium
Programs: Metro/Subway transit card ;-)
Posts: 138
Back in the 90's, I was selected for addition customs screening. I refused to answer any questions. The officer got upset and I took a book out and started reading it. After about 15 min of examining my $7 of foreign purchase declarations, he called over his supervisor. The supervisor was very nice about the situation, so I gave in and satisfied his curiosity. The search was no more extensive than the random screening. I believe that customs is after passport control - so I had already been admitted.
#27
Join Date: Oct 2006
Location: BLI or CLT
Programs: The usual suspects
Posts: 1,899
The officers cannot deny you entry into the USA if you refuse to answer. However, if you refuse to answer, or if they don't like your answers, they can conduct a thorough search of your person and accompanying possessions. This kind of customs processing can be extremely inconvenient and time-consuming. Some people are even detained for a monitored bowel movement if CBP officers suspect them of being drug mules.
Good Link
Good Link
A board certified physician, properly licensed to practice medicine would think very carefully before prescribing anything stronger than Tylenol for a pregnant woman, due to the risk of damage to the fetus, and the high probability of being held liable for any problem later found in the child.
I'm sure they want to catch drug mules, even if they are mothers, but what gives a CBP agent the right to risk harming an innocent fetus?
#28
Join Date: Jan 2008
Posts: 1,298
Same old, same old
PER US LAW a U.S. citizen can not be denied entry into the U.S. EVER. It is a so called "fundamental right"
Beyond that you absolutely have the right to refuse to answer any question asked by law enforcement including CBP. The only time a person (not even a citizen) can be forced to answer questions is when a judge orders he or she to do so, after a determination has been made that his or her 5th amendment rights have not been violated.
Beyond that you absolutely have the right to refuse to answer any question asked by law enforcement including CBP. The only time a person (not even a citizen) can be forced to answer questions is when a judge orders he or she to do so, after a determination has been made that his or her 5th amendment rights have not been violated.
This discussion of "rights" versus CBP etc has been pretty well beaten to
death, yet nothing has changed in the extrordinary "acts" and
"presidential executive orders" to CHANGE this continued over-vigilance
by the power-hungry TSO, CBP, LEOs et al ... so DON'T hold your
breath waiting for it to be changed, either.
While it IS true that a LAW-ABIDING regular everyday US citizen cannot
be denied re-entry into the US; CBP and law enforcement DO HAVE the
right of DETENTION with or WITHOUT cause, IF the receiving officer on
duty feels it is necessary that said citizen should be processed for
an SSSS ... want that? then go ahead and sound off with them about
"rights" ...
The worst part is that NO REASON needs to be given the detained pax.
THAT's the way it is... Don't like it - Don't travel outside the US.
#29
Join Date: Jul 2008
Posts: 1,849
... law school did you all go to??!?
OP, congratulations on becoming a US Citizen. One of the rights you have is the right to say nothing at all to any law enforcement officer, federal, state, or local. Please view the following videos to learn why it is always a bad idea to answer any questions posed to you by any law enforcement officer under any circumstances. And please, pretty please, view any legal advice with great skepticism unless the person giving it to you is a trained lawyer
OP, congratulations on becoming a US Citizen. One of the rights you have is the right to say nothing at all to any law enforcement officer, federal, state, or local. Please view the following videos to learn why it is always a bad idea to answer any questions posed to you by any law enforcement officer under any circumstances. And please, pretty please, view any legal advice with great skepticism unless the person giving it to you is a trained lawyer
#30
Join Date: Jul 2008
Posts: 1,849
Back in the 90's, I was selected for addition customs screening. I refused to answer any questions. The officer got upset and I took a book out and started reading it. After about 15 min of examining my $7 of foreign purchase declarations, he called over his supervisor. The supervisor was very nice about the situation, so I gave in and satisfied his curiosity. The search was no more extensive than the random screening. I believe that customs is after passport control - so I had already been admitted.