Originally Posted by
IFE Wizard
Sorry to contradict but I believe that customs have to wait till any "contraband" passes into the country.
No need to apologize, since that doesn't contradict me. You are wrong, however, if you think that one doesn't legally enter the U.S. until passport control.
See, for example
CBP agents arrested someone for loitering in the U.S. before formal entry (i.e. passport control) and an immigration judge had them removed.
The passenger in question could be in transit and not entering the country. As with shoplifting from stores, you are not commiting any crime until you leave the store.
You really think that if someone were in transit and customs knew that they had a big drug stash on them, they wouldn't be able to seize it or arrest the passenger? Or if it they were in a free trade zone (again before formal entry)?
Well, you're wrong. It happens routinely at land borders, where it is called pre-primary inspection.
I think that the "border" is set at the immigration point (or the immigration point is set at the border) IMHO.
Your humble opinion is not really relevant, but if you have some facts to back it up with, you're welcome to provide them.