FlyerTalk Forums - View Single Post - As a US citizen, what questions is Customs permitted to ask you on arrival in the US?
Old Dec 29, 2007, 11:46 am
  #100  
law dawg
 
Join Date: Aug 2004
Posts: 4,704
"That searches made at the border, pursuant to the longstanding right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border, should, by now, require no extended demonstration."
United States v. Ramsey, 431 U.S. 606, 616 (1977)

The customs search in border or POE circumstances requires no warrant, no probable cause, not even the showing of some degree of suspicion that accompanies even investigatory stops.
Carroll v. United States, 267 U.S. 132, 154 (1925); United States v. Thirty-Seven Photographs, 402 U.S. 363, 376 (1971); Almeida-Sanchez v. United States, 413 U.S. 266, 272 (1973).

And in United States v. Montoya de Hernandez, 473 U.S. 531 (1985) an approved warrantless detention incommunicado for more than 24 hours of traveler suspected of alimentary canal drug smuggling was held firm.

These pretty much speak for themselves. While there are rights to some degree at the border they are not what people think they are entitled to, for the most part.

Last edited by law dawg; Dec 30, 2007 at 8:14 pm Reason: can't fricking spell
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