On what authority is cell phone use banned at Customs?
#33
Join Date: Aug 2004
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In the US, customs and immigration processing at airports are both handled by CBP, and I've seen signs banning cell phone use at both passport control and customs areas.
That said, I'm also curious about the OP's question-- even if there might be reasons to ban their use, is this a published regulation somewhere?
That said, I'm also curious about the OP's question-- even if there might be reasons to ban their use, is this a published regulation somewhere?
#34
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#35
Join Date: Nov 2010
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I've yet to find an on-point regulation in the CFR today. IANAL, but a paralegal. I'm going to review further after work.
#36
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I The legitimate reason why I think cell phones in customs / immigration is prohibited is to prevent communication between passengers who may be conspiring to bring in illegal materials or entering the country illegally. People can scout out which immigration officers or customs officers are lax or clueless and conspire.
As for "constitutional rights", it is my understanding that the US Constitution does not apply in other countries. Until CBP is done with you, that is you have cleared both immigration and customs, you are not IN the US. You are still in the country you came from or you are in an international no mans land.
Note that if your passport is no good the term is "refused entry" to the US and they put you back on the next plane back to where you came from, or for those of you walking or driving, they turn you away and you stay in Canada or Mexico. Refused entry means you never entered the US proper. Even though the customs area is in the basement of a landside US airport, you are not in the US till cleared. At least that is how I understand it. YMMV.
#37
Join Date: Sep 2007
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The legal answer as to why CPB is allowed to do this is that "reasonable time, place and manner restrictions" can be placed on speech (google that phrase if you want to find cases on it) as long as they are narrowly drawn to serve an important government interest.
Whether this particular one has ever been challenged in court, I doubt it, but I don't doubt that it would pass constitutional muster in a first amendment challenge. An airport is a "nonpublic forum" (e.g., a place not traditionally devoted to speech) which gives the government latitude to impose speech restrictions that are reasonably related to the forum's function. I have little doubt that a court would find that preventing specific criminal activity through the use of cell phones at CPB checkpoints is legitimate.
I would have to disagree. You may not have been admitted yet, but you are certainly on the territorial soil of the US, not on Canada's or Mexico's or wherever you came from. If you started snorting cocaine while waiting in line, and were arrested, you would be protected by the US Constitution, despite your lack of formal admission. Among the many other legal issues that would arise if you weren't in US territory at the time, the LEO's would have no jurisdiction to arrest you. The government can't have it both ways.
Whether this particular one has ever been challenged in court, I doubt it, but I don't doubt that it would pass constitutional muster in a first amendment challenge. An airport is a "nonpublic forum" (e.g., a place not traditionally devoted to speech) which gives the government latitude to impose speech restrictions that are reasonably related to the forum's function. I have little doubt that a court would find that preventing specific criminal activity through the use of cell phones at CPB checkpoints is legitimate.
As for "constitutional rights", it is my understanding that the US Constitution does not apply in other countries. Until CBP is done with you, that is you have cleared both immigration and customs, you are not IN the US. You are still in the country you came from or you are in an international no mans land.
Last edited by Kiwi Flyer; Jan 28, 2011 at 7:24 pm Reason: merge consecutive posts
#38
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I would have to disagree. You may not have been admitted yet, but you are certainly on the territorial soil of the US, not on Canada's or Mexico's or wherever you came from. If you started snorting cocaine while waiting in line, and were arrested, you would be protected by the US Constitution, despite your lack of formal admission. Among the many other legal issues that would arise if you weren't in US territory at the time, the LEO's would have no jurisdiction to arrest you. The government can't have it both ways.
SCOTUS has carved out some exceptions to the 4th amendment for border situations. However, the constitution still applies to citizens at that point.
#39
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As to Response No. 3 - I have asked. While I'm not a brain surgeon and didn't stay at a Holiday Inn Express, I'm not a complete moron incapable of making a request. For the record, on both occasions, the request to call the airline or text the pickup went over as well as asking TSA to skip to the front of the line because one is late for a flight. Not that it will stop me from asking if the future, or that others shouldn't consider asking for themselves.
A) Joining Global Entry
B) Plan your connecting flights to accommodate such situations.
I, speaking obviously for myself only, simply posted a reason why I personally would like to be able to use a phone occasionally and that I would like to know why the rule is as it stands, etc, too. I do hope someone with actual CBP knowledge might be able to explain.
#40
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Rant on:
As yyzvoyageur has mentioned one reason is to protect officers from having their faces plastered over the internet for all time because they have refused entry to someone.
Where I work we are not allowed to carry cell phones because there have been situations with officers counselling their friends to enter through a paticular lane.
If you can't manage to get from an aeroplane to the public arrivals area without having to continually yak on a phone I feel sorry for you, how did you manage fifteen-odd years ago when mobile phones were not so common?
It all boils down to manners, when you walk up to my counter talking away on your cell phone then slap you passport down and ignore me how do you think that portrays you as a person? I bet you are the same people who complain about the person infront who reclines their seat into your space or puts their carry on into your overhead bin.
Would you hire the person who walks into your office talking on a phone, chewing gum and treating your desk like it is their own personal space - Would they make a good ambassador for your company?
If someone wants to use a cell phone, ask me, we have a waiting room, not everyone wishes to hear how Delta only served you one glass of champagne and that your contract is only worth a million dollars.
Before anyone starts quoting "mutantur omnia nos et mutamur in illis" I like old fashioned courtesy and cardigans are stylish.
Rant over.
Go Green Bay.
As yyzvoyageur has mentioned one reason is to protect officers from having their faces plastered over the internet for all time because they have refused entry to someone.
Where I work we are not allowed to carry cell phones because there have been situations with officers counselling their friends to enter through a paticular lane.
If you can't manage to get from an aeroplane to the public arrivals area without having to continually yak on a phone I feel sorry for you, how did you manage fifteen-odd years ago when mobile phones were not so common?
It all boils down to manners, when you walk up to my counter talking away on your cell phone then slap you passport down and ignore me how do you think that portrays you as a person? I bet you are the same people who complain about the person infront who reclines their seat into your space or puts their carry on into your overhead bin.
Would you hire the person who walks into your office talking on a phone, chewing gum and treating your desk like it is their own personal space - Would they make a good ambassador for your company?
If someone wants to use a cell phone, ask me, we have a waiting room, not everyone wishes to hear how Delta only served you one glass of champagne and that your contract is only worth a million dollars.
Before anyone starts quoting "mutantur omnia nos et mutamur in illis" I like old fashioned courtesy and cardigans are stylish.
Rant over.
Go Green Bay.
#41
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There have been other occasions and airports (including JFK, CVG & MIA) where I've experienced absolutely no delay existing customs. YMMV.
#42
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Firstly, I have NEVER seen such a notice anywhere but the USA. But, yes, I also would like to know under what authority these signs have been posted. I also doubt they would stand up to challenge -- seems blatantly unconstitutional to attempt to limit someone's speech like that.
#43
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I did a quick Google and found this:
http://www.usimmigrationsupport.org/...smuggling.html
It is to prevent arriving passengers from having communications with a corrupt immigration official. I assume this was a method that incoming bad guys used to talk with the corrupt officer to find out what booth he was at, and then somehow go to that booth.
My other guess was that cellphones are prohibited in prisons, and CBP wanted arriving passengers to have the experience that they were prisoners.
http://www.usimmigrationsupport.org/...smuggling.html
It is to prevent arriving passengers from having communications with a corrupt immigration official. I assume this was a method that incoming bad guys used to talk with the corrupt officer to find out what booth he was at, and then somehow go to that booth.
My other guess was that cellphones are prohibited in prisons, and CBP wanted arriving passengers to have the experience that they were prisoners.