CBP ID Checks of Passengers Arriving on Domestic Flights
Feb 23, 2017, 2:10 pm
#17
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They do this stuff because 99% of people will just say "sure, here you go" when they legally don't need to.
Feb 23, 2017, 2:22 pm
#18
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Feb 23, 2017, 2:43 pm
#19
Join Date: Dec 2014
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To me, this sounds like it falls under police power, and the CBP would probably claim reasonable suspicion.
Feb 23, 2017, 2:47 pm
#20
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As far as I know, refusal to show ID can't be used as probable cause on its own. They might make the case that there was reasonable suspicion since there was apparently a person they wanted to detain on the plane. U.S. v. Martinez-Fuerte might support their power to do so, but can they really argue that the 4th Amendment doesn't apply within a general area around every international US airport?
Last edited by KDCAflyer; Feb 23, 2017 at 2:54 pm
Feb 23, 2017, 2:53 pm
#21
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You are. CBP can do just about anything they want to you with little or no recourse. The best way to interact with them is yes sir, no sir, and answer only what is asked of you. If they ask it, you are compelled to answer or do as asked. I know of several people coming into the US from CANADA that had there cars stripped to the frame with everything laying on the pavement beside the frame....and they just walked away when finished.
Feb 23, 2017, 3:00 pm
#22
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You are. CBP can do just about anything they want to you with little or no recourse. The best way to interact with them is yes sir, no sir, and answer only what is asked of you. If they ask it, you are compelled to answer or do as asked. I know of several people coming into the US from CANADA that had there cars stripped to the frame with everything laying on the pavement beside the frame....and they just walked away when finished.
Feb 23, 2017, 3:11 pm
#23
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https://www.aclu.org/other/constitut...le-border-zone
- Even in places far removed from the border, deep into the interior of the country, immigration officials enjoy broad—though not limitless—powers.
- Specifically, federal regulations give U.S. Customs and Border Protection (CBP) authority to operate within 100 miles of any U.S. "external boundary."
In this 100-mile zone, Border Patrol agents have certain extra-Constitutional powers. For instance, Border Patrol can operate immigration checkpoints.
Feb 23, 2017, 4:34 pm
#25
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Feb 23, 2017, 4:41 pm
#26
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How do they know? They know everything about you within a minute or two. You will have to answer questions such as where were you born and in what hospital. List the last five addresses in which you have lived. Name your last three employers....
And trust me they will know the answers before you are asked.
Feb 23, 2017, 5:03 pm
#28
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I have been known on at least one occasion to grow tired of the questions when crossing a border. I have learned my lesson.
How do they know? They know everything about you within a minute or two. You will have to answer questions such as where were you born and in what hospital. List the last five addresses in which you have lived. Name your last three employers....
And trust me they will know the answers before you are asked.
How do they know? They know everything about you within a minute or two. You will have to answer questions such as where were you born and in what hospital. List the last five addresses in which you have lived. Name your last three employers....
And trust me they will know the answers before you are asked.
Last edited by jphripjah; Feb 23, 2017 at 5:17 pm
Feb 23, 2017, 5:06 pm
#29
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Lots of paranoia here. CBP has less powers than the airport police if you're not in an international arrivals area. They are not all powerfull, although they hint that they are. Do you think they're going to make you stay on the plane? No. Are they going to arrest you? Definitely not, just like they don't in the inland checkpoints along the Mexican border.
Feb 23, 2017, 5:09 pm
#30
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This is contrary to the law and contrary to CBP's training of its officers. It's well settled that the 4th Amendment prohibition on unreasonable searches applies everywhere. However, courts have ruled that searches of your belongings at the border without a warrant and without probable cause are reasonable under the 4th Amendment.
Other types of searches by CBP at borders, like pat downs, strip searches, stomach x-rays, cavity searches, etc. require suspicion supported by articulable facts, or in some cases either consent or a court order, otherwise they violate the 4th Amendment.