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On what authority is cell phone use banned at Customs?

On what authority is cell phone use banned at Customs?

Old Jan 21, 2011, 9:51 am
  #31  
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Originally Posted by studentff
It's a power trip. That's the real reason.
I'm not convinced.
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Old Jan 21, 2011, 9:55 am
  #32  
 
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What an amusing thread. We need Dovster to keep it alive,of course.
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Old Jan 21, 2011, 10:59 am
  #33  
 
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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?
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Old Jan 21, 2011, 11:03 am
  #34  
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Originally Posted by GUWonder
Are the parts of US airports used by ordinary passengers considered "Constitution-free" zones?
According to a higher up with TSA, the checkpoints are "Constitution-free zones"..
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Old Jan 21, 2011, 11:30 am
  #35  
 
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Originally Posted by amejr999
...

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?
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.
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Old Jan 21, 2011, 11:37 am
  #36  
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Originally Posted by Wiirachay
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.
bolding mine. This is the real reason. A scout can go in front of the line and direct the mule lagging behind last off the plane to a lax line. The scout cannot wait till after customs and TSA, as by then Lane 5 might have a shift change and the toughest agent has replaced the lax agent. The phone ban is to prevent real time information sharing.

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.
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Old Jan 21, 2011, 11:38 am
  #37  
 
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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.

Originally Posted by Flaflyer
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.
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.

Last edited by Kiwi Flyer; Jan 28, 2011 at 7:24 pm Reason: merge consecutive posts
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Old Jan 21, 2011, 11:52 am
  #38  
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Originally Posted by whitearrow
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.
Also, the US Constitution governs what the USG can do to a US citizen no matter where in the world they are. They can't suddenly search a US citizen in another country simply because they're outside the US.

SCOTUS has carved out some exceptions to the 4th amendment for border situations. However, the constitution still applies to citizens at that point.
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Old Jan 21, 2011, 11:55 am
  #39  
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Originally Posted by NotaCriminal
I must have missed the head-biting, the loaded question(s) and the like in the OP's question or the followup questions. But I'm no brain surgeon, so missing something is of little surprise.
Of course you don't recognize that behaviour. Look under your FlyerTalk handle there on the left. See that 'join date' thing? There was a time when somewhat civil conversations about travel safety and security happened, well before your join date. Sadly, the tone in which the OP asked his/her question is the norm around here now.


Originally Posted by NotaCriminal
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.
If you foresee this continuing to be a problem, you might want to consider....
A) Joining Global Entry
B) Plan your connecting flights to accommodate such situations.


Originally Posted by NotaCriminal
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.
Your question, as you just stated, is a great example of how that question should be asked. Not the "on what authority" approach the OP took.
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Old Jan 21, 2011, 12:20 pm
  #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.
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Old Jan 21, 2011, 12:43 pm
  #41  
 
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Originally Posted by Dovster
I have never seen a line at Customs in the U.S. You get your bags, you hand in your landing card, and if they want to check what you have they do. If they are checking one person they generally let everyone else through.
I have. On a regular basis. There was a line of 75+ folks for the customs exit at DFW last week (and a much, much longer line for immigration) - there was no line, however, for those with Global Entry. I've also seen it at ATL, JFK, and at CVG (where they would stop processing to get a bunch of folks lined up, then walk the dog along the line before starting to process again).

There have been other occasions and airports (including JFK, CVG & MIA) where I've experienced absolutely no delay existing customs. YMMV.
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Old Jan 21, 2011, 12:44 pm
  #42  
 
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Originally Posted by polonius
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.
I believe technically you aren't in the USA until you clear the process.
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Old Jan 21, 2011, 12:57 pm
  #43  
 
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Originally Posted by Pluma
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.
Interesting!!! ^
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Old Jan 21, 2011, 3:43 pm
  #44  
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Last edited by ESpen36; Mar 19, 2016 at 2:39 am
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Old Jan 21, 2011, 4:25 pm
  #45  
 
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Many have posted good reasons why this policy should exist. But can anyone find a LEGAL basis for restricting the use of cell phones in such an area? That's what the OP asked about.
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