Access to legal counsel at port of entry
Recently flew into BOS, something I've been doing somewhat regularly lately. While my previous entries were completely routine, this time the CBP officer sees someting on his screen (I don't know what, because they use a privacy filter, which is ridiculous given that they have to reveal what is that system in response to a FOIA request, so why should there be any concern about a traveller viewing something he has the right to see?) and sternly directs me to "wait over there," indicating a spot to the side. The officer refused to provide any sort of clarification, so at that point I had no idea what was going on so, "out of an abundance of caution," I pulled out my phone a rang my attorney. Immediately 6 CBP officers surround me and tell me I "can't" use my phone. While the line is ringing, I explain politely that I am ringing my attorney and that in fact I "can" do so. They continue to threaten me while I leave a voicemail message advising my attorney of the situation.
After I hang up, I am escorted downstairs to the secondary inspection area while my escort informs me that I "don't have the right to an attorney" because I "am not yet in the USA." I point out that if we're not in the USA, then he has no law enforcement authority, and ask just when, in his view, did I lose my right to contact my attorney? Surely I had that right prior to boarding at FRA, did I retain the right when I boarded my OnAir-equipped flight? Or did that right disappear somewhere over the Atlantic? Or on the jetway?
After asking me a lot of questions, which I declined to answer without my attorney present, and repeated threats to search my bags -- which I acknowledged as entirely within their legal authority -- I was sent on my way without a search.
Has anyone else experienced this? Any idea where they get the idea that the 4th, 5th and 6th amendments don't apply to them?
Last edited by Blogndog; Jun 5, 2015 at 5:36 am