FlyerTalk Forums - View Single Post - On what authority is cell phone use banned at Customs?
Old Jan 21, 2011, 11:52 am
  #38  
Superguy
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Originally Posted by whitearrow
I would have to disagree. You may not have been admitted yet, but you are certainly on the territorial soil of the US, not on Canada's or Mexico's or wherever you came from. If you started snorting cocaine while waiting in line, and were arrested, you would be protected by the US Constitution, despite your lack of formal admission. Among the many other legal issues that would arise if you weren't in US territory at the time, the LEO's would have no jurisdiction to arrest you. The government can't have it both ways.
Also, the US Constitution governs what the USG can do to a US citizen no matter where in the world they are. They can't suddenly search a US citizen in another country simply because they're outside the US.

SCOTUS has carved out some exceptions to the 4th amendment for border situations. However, the constitution still applies to citizens at that point.
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