Detained By CBP For Not Answering Questions
Apr 23, 2010, 6:54 pm
#1
Original Poster
Join Date: Jul 2006
Posts: 210
Detained By CBP For Not Answering Questions
From my travel blog www.knifetricks.blogspot.com :
I Am Detained By The Feds For Not Answering Questions
Sherman Oaks, California
I was detained last night by federal authorities at San Francisco International Airport for refusing to answer questions about why I had travelled outside the United States.
The end result is that, after waiting for about half an hour and refusing to answer further questions, I was released – because U.S. citizens who have produced proof of citizenship and a written customs declaration are not obligated to answer questions.
* * *
“Why were you in China?” asked the passport control officer, a woman with the appearance and disposition of a prison matron.
“None of your business,” I said.
Her eyes widened in disbelief.
“Excuse me?” she asked.
“I’m not going to be interrogated as a pre-condition of re-entering my own country,” I said.
This did not go over well. She asked a series of questions, such as how long I had been in China, whether I was there on personal business or commercial business, etc. I stood silently. She said that her questions were mandated by Congress and that I should complain to Congress instead of refusing to cooperate with her.
She asked me to take one of my small bags off her counter. I complied.
She picked up the phone and told someone I “was refusing to cooperate at all.” This was incorrect. I had presented her with proof of citizenship (a U.S. passport) and had moved the bag when she asked. What I was refusing to do was answer her questions.
A male Customs and Border Protection officer appeared to escort me to “Secondary.” He tried the good cop routine, cajoling me to just answer a few questions so that I could be on my way. I repeated that I refused to be interrogated as a pre-condition of re-entering my own country.
“Am I free to go?” I asked.
“No,” he said.
The officer asked for state-issued ID. I gave him my California Identification Card. I probably didn’t have to, but giving him the ID was in line with my principle that I will comply with an officer’s reasonable physical requests (stand here, go there, hand over this) but I will not answer questions about my business abroad.
The officer led me into a waiting room with about thirty chairs. Six other people were waiting.
The officer changed tack to bad cop. “Let this guy sit until he cools down,” the officer loudly said to a colleague. “It could be two, three, four hours. He’s gonna sit there until he cools down.”
I asked to speak to his superior and was told to wait.
I read a book about Chinese celebrities for about 15 minutes.
An older, rougher officer came out and called my name. “We’ve had problems with you refusing to answer questions before,” he said. “You think there’s some law that says you don’t have to answer our questions.”
“Are you denying me re-entrance to my own country?” I asked.
“Yes,” he said, and walked away.
I read for about five more minutes.
An officer walked out with my passport and ID and handed them to me.
“Am I free to go?” I asked.
“Yes,” he said.
But we weren’t done.
I picked up my checked bag and was told to speak to a customs officer. My written declaration form had been marked with a large, cross-hatched symbol that probably meant “secondary inspection of bags.”
The officer asked if the bags were mine; I handed him my baggage receipt.
He asked if I had packed the bags myself. I said I declined to answer the question.
He asked again, and I made the same reply. Same question; same response. Again; again.
“I need you to give me an oral customs declaration,” he said.
“I gave you a written declaration,” I said.
“I need to know if you want to amend that written declaration,” he said. “I need to know if there’s anything undeclared in these bags.”
I stood silently.
Visibly frustrated, he turned to a superior, who had been watching, and said that I refused to answer his questions.
“Just inspect his bags,” the senior officer said. “He has a right to remain silent.”
Finally! It took half an hour and five federal officers before one of them acknowledged that I had a right not to answer their questions.
The junior officer inspected my bags in some detail, found nothing of interest, and told me I could leave.
* * *
Principal Take-Aways
1. Cops Really Don’t Like It When You Refuse To Answer Their Questions. The passport control officer was aghast when I told her that my visit to China was none of her business. This must not happen often, because several of the officers involved seemed thrown by my refusal to meekly bend to their whim.
2. They’re Keeping Records. A federal, computer-searchable file exists on my refusal to answer questions.
3. This Is About Power, Not Security. The CBP goons want U.S. citizens to answer their questions as a ritualistic bow to their power. Well, CBP has no power over me. I am a law-abiding citizen, and, as such, I am the master, and the federal cops are my servants. They would do well to remember that.
4. U.S. Citizens Have No Obligation To Answer Questions. Ultimately, the cops let me go, because there was nothing they could do. A returning U.S. citizen has an obligation to provide proof of citizenship, and the officer has legitimate reasons to investigate if she suspects the veracity of the citizenship claim. A U.S. citizen returning with goods also has an obligation to complete a written customs declaration. But that’s it. You don’t have to answer questions about where you went, why you went, who you saw, etc.
Of course, if you don’t, you get hassled.
But that’s a small price to pay to remind these thugs that their powers are limited and restricted.
I Am Detained By The Feds For Not Answering Questions
Sherman Oaks, California
I was detained last night by federal authorities at San Francisco International Airport for refusing to answer questions about why I had travelled outside the United States.
The end result is that, after waiting for about half an hour and refusing to answer further questions, I was released – because U.S. citizens who have produced proof of citizenship and a written customs declaration are not obligated to answer questions.
* * *
“Why were you in China?” asked the passport control officer, a woman with the appearance and disposition of a prison matron.
“None of your business,” I said.
Her eyes widened in disbelief.
“Excuse me?” she asked.
“I’m not going to be interrogated as a pre-condition of re-entering my own country,” I said.
This did not go over well. She asked a series of questions, such as how long I had been in China, whether I was there on personal business or commercial business, etc. I stood silently. She said that her questions were mandated by Congress and that I should complain to Congress instead of refusing to cooperate with her.
She asked me to take one of my small bags off her counter. I complied.
She picked up the phone and told someone I “was refusing to cooperate at all.” This was incorrect. I had presented her with proof of citizenship (a U.S. passport) and had moved the bag when she asked. What I was refusing to do was answer her questions.
A male Customs and Border Protection officer appeared to escort me to “Secondary.” He tried the good cop routine, cajoling me to just answer a few questions so that I could be on my way. I repeated that I refused to be interrogated as a pre-condition of re-entering my own country.
“Am I free to go?” I asked.
“No,” he said.
The officer asked for state-issued ID. I gave him my California Identification Card. I probably didn’t have to, but giving him the ID was in line with my principle that I will comply with an officer’s reasonable physical requests (stand here, go there, hand over this) but I will not answer questions about my business abroad.
The officer led me into a waiting room with about thirty chairs. Six other people were waiting.
The officer changed tack to bad cop. “Let this guy sit until he cools down,” the officer loudly said to a colleague. “It could be two, three, four hours. He’s gonna sit there until he cools down.”
I asked to speak to his superior and was told to wait.
I read a book about Chinese celebrities for about 15 minutes.
An older, rougher officer came out and called my name. “We’ve had problems with you refusing to answer questions before,” he said. “You think there’s some law that says you don’t have to answer our questions.”
“Are you denying me re-entrance to my own country?” I asked.
“Yes,” he said, and walked away.
I read for about five more minutes.
An officer walked out with my passport and ID and handed them to me.
“Am I free to go?” I asked.
“Yes,” he said.
But we weren’t done.
I picked up my checked bag and was told to speak to a customs officer. My written declaration form had been marked with a large, cross-hatched symbol that probably meant “secondary inspection of bags.”
The officer asked if the bags were mine; I handed him my baggage receipt.
He asked if I had packed the bags myself. I said I declined to answer the question.
He asked again, and I made the same reply. Same question; same response. Again; again.
“I need you to give me an oral customs declaration,” he said.
“I gave you a written declaration,” I said.
“I need to know if you want to amend that written declaration,” he said. “I need to know if there’s anything undeclared in these bags.”
I stood silently.
Visibly frustrated, he turned to a superior, who had been watching, and said that I refused to answer his questions.
“Just inspect his bags,” the senior officer said. “He has a right to remain silent.”
Finally! It took half an hour and five federal officers before one of them acknowledged that I had a right not to answer their questions.
The junior officer inspected my bags in some detail, found nothing of interest, and told me I could leave.
* * *
Principal Take-Aways
1. Cops Really Don’t Like It When You Refuse To Answer Their Questions. The passport control officer was aghast when I told her that my visit to China was none of her business. This must not happen often, because several of the officers involved seemed thrown by my refusal to meekly bend to their whim.
2. They’re Keeping Records. A federal, computer-searchable file exists on my refusal to answer questions.
3. This Is About Power, Not Security. The CBP goons want U.S. citizens to answer their questions as a ritualistic bow to their power. Well, CBP has no power over me. I am a law-abiding citizen, and, as such, I am the master, and the federal cops are my servants. They would do well to remember that.
4. U.S. Citizens Have No Obligation To Answer Questions. Ultimately, the cops let me go, because there was nothing they could do. A returning U.S. citizen has an obligation to provide proof of citizenship, and the officer has legitimate reasons to investigate if she suspects the veracity of the citizenship claim. A U.S. citizen returning with goods also has an obligation to complete a written customs declaration. But that’s it. You don’t have to answer questions about where you went, why you went, who you saw, etc.
Of course, if you don’t, you get hassled.
But that’s a small price to pay to remind these thugs that their powers are limited and restricted.
Apr 23, 2010, 7:08 pm
#3
A FlyerTalk Posting Legend
Join Date: Jun 2005
Posts: 57,520
* * *
Principal Take-Aways
1. Cops Really Don’t Like It When You Refuse To Answer Their Questions. The passport control officer was aghast when I told her that my visit to China was none of her business. This must not happen often, because several of the officers involved seemed thrown by my refusal to meekly bend to their whim.
2. They’re Keeping Records. A federal, computer-searchable file exists on my refusal to answer questions.
3. This Is About Power, Not Security. The CBP goons want U.S. citizens to answer their questions as a ritualistic bow to their power. Well, CBP has no power over me. I am a law-abiding citizen, and, as such, I am the master, and the federal cops are my servants. They would do well to remember that.
4. U.S. Citizens Have No Obligation To Answer Questions. Ultimately, the cops let me go, because there was nothing they could do. A returning U.S. citizen has an obligation to provide proof of citizenship, and the officer has legitimate reasons to investigate if she suspects the veracity of the citizenship claim. A U.S. citizen returning with goods also has an obligation to complete a written customs declaration. But that’s it. You don’t have to answer questions about where you went, why you went, who you saw, etc.
Of course, if you don’t, you get hassled.
But that’s a small price to pay to remind these thugs that their powers are limited and restricted.
Apr 23, 2010, 7:36 pm
#4
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So instead of taking 2 minutes to clear customs, how long did you spend? Are you willing to spend that same amount of time every time you enter the United States?
Apr 23, 2010, 8:12 pm
#5
Join Date: Jul 2006
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Posts: 2,710
Apr 23, 2010, 8:19 pm
#6
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Join Date: Jun 2005
Posts: 57,520
More importantly, why do you seem to always defend the government when they overstep their bounds and exceed their authority?
Apr 23, 2010, 8:21 pm
#7
FlyerTalk Evangelist
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Apr 23, 2010, 8:23 pm
#8
In Memoriam, FlyerTalk Evangelist
Join Date: Jun 2000
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I did not say that he wasn't. I asked how long it took him to get through, and if was willing to spend the same amount of time each time he returns to the U.S.
I haven't gone fishing in about 40 years.
That doesn't answer the two questions I asked.
I haven't gone fishing in about 40 years.
That doesn't answer the two questions I asked.
Last edited by Cholula; Apr 24, 2010 at 6:02 am Reason: Merging multiple, successive posts
Apr 23, 2010, 8:28 pm
#9
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Join Date: Mar 2008
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Not the OP but it would seem to me that s/he is more concerned with protecting their rights than saving time and will take whatever time is needed to protect said rights.
Of course one could bow down to false authority to make life a bit easier.
Of course one could bow down to false authority to make life a bit easier.
Apr 23, 2010, 8:29 pm
#10
Join Date: Jul 2008
Posts: 1,849
"Why were you in China?” asked the passport control officer, a woman with the appearance and disposition of a prison matron.
“None of your business,” I said.
Her eyes widened in disbelief.
“Excuse me?” she asked.
“I’m not going to be interrogated as a pre-condition of re-entering my own country,” I said.
“None of your business,” I said.
Her eyes widened in disbelief.
“Excuse me?” she asked.
“I’m not going to be interrogated as a pre-condition of re-entering my own country,” I said.
Apr 23, 2010, 8:37 pm
#11
In Memoriam, FlyerTalk Evangelist
Join Date: Jun 2000
Location: Benicia CA
Programs: Alaska MVP Gold 75K, AA 3.8MM, UA 1.1MM, enjoying the retired life
Posts: 31,849
If the OP has a similar travel pattern to mine (I don't know if he does), I just want to know how much time it takes to get through customs. If he only travels once a year, and doesn't have to worry about missing a connecting flight, maybe nothing to worry about. If he's out of the country a dozen times a year, I'm interested if he'll be pursuing this same strategy in the year ahead, and if he might risk making connections.
He did make reference to a half hour, but I'm not clear if that is the entire time from entering customs until his exit to the terminal.
Apr 23, 2010, 8:53 pm
#12
Original Poster
Join Date: Jul 2006
Posts: 210
Various Replies
-- I had two laptops on me. Neither one was searched.
-- The episode took about 30 minutes. I expect to be detained every time CBP wants to detain me, because I refuse to answer their questions. Sometimes, they don't ask any questions at all. Sometimes, they drop the act after a few minutes. This time, they decided to spend more time.
-- There's a good scene in Copland where Robert De Niro explains the difference between a "cop" and "law enforcement." I call all of these people "cops" because the term warns people to be vigilent of their rights. Don't be fooled by the setting or the brochures: If you would assert your rights to silence or counsel in front of a uniformed cop, you should do so in front of these federal para-police.
-- I am more interested in enforcing limits on these people's behavior than in my personal convenience.
-- The bottom line is that CBP believes that a citizen's exercise of his legal rights is suspicious behavior that warrants detention and scrutiny. That speaks volumes about the totalitarian mindframe.
-- The episode took about 30 minutes. I expect to be detained every time CBP wants to detain me, because I refuse to answer their questions. Sometimes, they don't ask any questions at all. Sometimes, they drop the act after a few minutes. This time, they decided to spend more time.
-- There's a good scene in Copland where Robert De Niro explains the difference between a "cop" and "law enforcement." I call all of these people "cops" because the term warns people to be vigilent of their rights. Don't be fooled by the setting or the brochures: If you would assert your rights to silence or counsel in front of a uniformed cop, you should do so in front of these federal para-police.
-- I am more interested in enforcing limits on these people's behavior than in my personal convenience.
-- The bottom line is that CBP believes that a citizen's exercise of his legal rights is suspicious behavior that warrants detention and scrutiny. That speaks volumes about the totalitarian mindframe.
Apr 23, 2010, 9:02 pm
#14
Join Date: Nov 2006
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Posts: 546
I, for one, am glad he took the time to stand up for his rights. Too many people in this country are willing to simply roll over and get used as door mats. When is enough, enough? Our forefathers would be ashamed.
Apr 23, 2010, 9:07 pm
#15
In Memoriam, FlyerTalk Evangelist
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Have you refused to answer questions when entering a foreign country, or just coming back to the U.S.? I know they ask some general questions whenever I enter the U.K. or Ireland, usually about the purpose of my visit and how long I'm going to be there. Wouldn't you risk being denied entry in those specific cases, particularly if you don't hold a British or Irish passport?