Originally Posted by
jphripjah
CBP officers can search your belongings without your consent. You have no right to refuse that. You don't have to answer questions. I always offer to answer any questions regarding my citizenship, where I was born, etc.
Only at a border crossing. This was not a border crossing.
They can absolutely delay you for a few hours, because as of now, almost everyone answers, so they have time to retaliate against the few who don't. I usually get delayed 1-2 hours myself.
Not at a domestic checkpoint within the 100-mile border. To detain you for hours, they must arrest you at a domestic checkpoint.
Originally Posted by
Section 107
CBP definitely has authority here. They were conducting a search for a fugitive based on reasonable suspicion (information from ICE). The search could just as easily have been conducted by the local airport police agency. (Jurisdictions have laws that probable cause exists and a police agency may arrest an individual when a police agency in another jurisdiction provides information that a valid warrant exists.)
True.
This search would be defended on several levels - the first of which would be that it was a consensual stop.
Under the facts presented, it was not communicated to the passengers that they were free to go, and in fact they were told that they must present identification to leave, so it was not consensual.
The search would also be allowed both under Terry (reasonable suspicion) and under the exceptions allowed for suspicionless searches for special populations.
Terry v. Ohio requires articulable suspicion that a crime occurred and that particular person committed it. You can't stop every person in the vicinity of a crime to try and sort out which person committed the crime. This was not a valid
Terry stop.
Further, Courts would rule the search allowable because the government's interest in arresting the fugitive outweighed the level of intrusiveness (merely producing ID). The Court would especially point out that the intrusion (producing identification that was needed to get on the plane in the first place) was so minimal as to be negligible.
Perhaps you would like to point out a case that says that because you just threw the 4th Amendment out the kitchen window.
TSA only matches names on ID to names on BPs to allow an individual to enter the screening checkpoint; TSA does not check to ensure the person who passed through the checkpoint actually got on the flight indicated on the BP presented to the TDC.
Yes, but the airline submits the manifest to DHS, which does run a criminal check of those boarding an aircraft.