Originally Posted by
cbn42
Without reasonable suspicion of a crime, officers can only do a quick administrative search/questioning. This can include the use of dogs, provided it does not unduly prolong the detention as TWA884 mentioned. My understanding is that this rule is the same anywhere.
That is why the officers will always get consent. "Hey, mind if we quickly run this dog around your car so you can get on your way?" Very few people will say no.
The question as you stated it above, if actually used by CBP, seems to violate the intent of the law. It can be interpreted as if you don't let us run this dog around your car you won't be going on your way. I have little doubt that the question as you stated is actually what is happening in the field and that is part of the problem. The CBP internal checkpoints are for the purpose of determining immigration status and pushing beyond that purpose weakens the country and rule of law.
edit to add:
https://help.cbp.gov/app/answers/det...-border-patrol
Border Patrol checkpoints do not give Border Patrol Agents carte blanche to automatically search persons and their vehicles, other then in the manner described above. In order to conduct a legal search under the Fourth Amendment, the agents must develop particularly probable cause to conduct a lawful search. Probable cause can be developed from agent observations, records checks, non-intrusive canine sniffs and other established means. Motorist's may consent to a search, but are not required to do so.
Seems no permission is needed if this accounting is correct on the legal standard.