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can new US citizen refuse to answer unreasonable questions by CBP officer at airport?

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can new US citizen refuse to answer unreasonable questions by CBP officer at airport?

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Old Feb 11, 2009, 8:56 am
  #16  
 
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Originally Posted by HereAndThereSC
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
I agree the agent was trying unusual trip questions to see if you hesitated or squirmed while trying to think of an answer.
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Old Feb 11, 2009, 9:07 am
  #17  
 
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Regardless of the theory or the law, the reality is that no US citizen can refuse to do anything they're ordered to do by anyone wearing a badge and a uniform.
Cha-cha-cha is offline  
Old Feb 11, 2009, 9:09 am
  #18  
 
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Originally Posted by jkhuggins
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 ...
That's certainly a possibility. While the OP was waiting, the agent could have dug up car and/or gun registration records and was verifying identity by making sure the OP knew the correct answers.
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Old Feb 11, 2009, 10:50 am
  #19  
 
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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.
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Old Feb 11, 2009, 11:50 am
  #20  
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Originally Posted by Cha-cha-cha
Regardless of the theory or the law, the reality is that no US citizen can refuse to do anything they're ordered to do by anyone wearing a badge and a uniform.
body cavity search?
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Old Feb 11, 2009, 12:12 pm
  #21  
 
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Originally Posted by Cha-cha-cha
Regardless of the theory or the law, the reality is that no US citizen can refuse to do anything they're ordered to do by anyone wearing a badge and a uniform.
Sure they can. But for every action there is an equal and opposite reaction. In other words....get ready for the strip search.
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Old Feb 11, 2009, 9:24 pm
  #22  
 
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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..
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Old Feb 12, 2009, 9:11 pm
  #23  
 
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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.
... 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.

Don't Talk to Cops
www.youtube.com/watch?v=i8z7NC5sgik

www.youtube.com/watch?v=08fZQWjDVKE
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Old Feb 12, 2009, 10:23 pm
  #24  
 
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Originally Posted by djk7
That's certainly a possibility. While the OP was waiting, the agent could have dug up car and/or gun registration records and was verifying identity by making sure the OP knew the correct answers.
Bingo.
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Old Feb 12, 2009, 10:56 pm
  #25  
 
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Originally Posted by djk7
That's certainly a possibility. While the OP was waiting, the agent could have dug up car and/or gun registration records and was verifying identity by making sure the OP knew the correct answers.
Possession of a valid US passport, validated through the appropriate electronic database processes, should be sufficient to prove identity of a returning US citizen.
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Old Feb 12, 2009, 11:10 pm
  #26  
 
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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.
Aubie_NoFlyNoMore is offline  
Old Feb 13, 2009, 12:28 am
  #27  
 
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Originally Posted by ESpen36
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
I was very surprised by the content of this link. A CBP agent forced a 7-months-pregnant US citizen to be shackled to a hospital bed for 3 days (this immobilization could cause increased risk of blood clots and pulmonary embolus) and force fed laxatives until she had repeated bowel movements, all of which tested negative for drugs. The woman delivered prematurely 12 days later, and her son was damaged by his prematurity, thought possibly to be linked to the excessive laxative use. Of course she retained an attorney who filed a lawsuit on behalf of the baby and mom.

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?
onlyairfare is offline  
Old Feb 13, 2009, 1:22 am
  #28  
 
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Same old, same old

Originally Posted by colpuck
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.
Oh here we go again and again ...

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.
Boston_Bulldog is offline  
Old Feb 13, 2009, 8:07 am
  #29  
 
Join Date: Jul 2008
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Originally Posted by mbstone
... 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
Fortunately not every lawyer is totally inept and some actually realise the greater value to society in not "remaining silent" in every conceivable circumstance.
yyzvoyageur is offline  
Old Feb 13, 2009, 8:17 am
  #30  
 
Join Date: Jul 2008
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Originally Posted by Aubie_NoFlyNoMore
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.
Guess you weren't in a rush that day. Funny because the people who act like children at Immigration/Customs inspection areas are more often the ones in a hurry.
yyzvoyageur is offline  


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