you have the right to remain silent
Dec 9, 2010, 12:58 pm
#1
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you have the right to remain silent
Coming back from Central America, in Miami, the immigration official (NOT customs) asked:
how many days were you in _____?
did you bring anything back?
Now, it is a crime to lie to a federal official. Did I bring "anything" back? What does that mean?
I brought my shirt, my underwear, my suitcase back. I brought a few knickknacks I purchased there back.
What business is it of hers?
I *hate* answering these people's questions. But I don't want to be taken to a room and subject to detention either.
See http://www.lewrockwell.com/orig11/rounds4.1.1.html
How do you handle these questions that as a US citizen you are not obligated to answer, without p-ssing off someone unnecessarily?
I think this DEFINITELY is a "safety and security" question.
how many days were you in _____?
did you bring anything back?
Now, it is a crime to lie to a federal official. Did I bring "anything" back? What does that mean?
I brought my shirt, my underwear, my suitcase back. I brought a few knickknacks I purchased there back.
What business is it of hers?
I *hate* answering these people's questions. But I don't want to be taken to a room and subject to detention either.
See http://www.lewrockwell.com/orig11/rounds4.1.1.html
How do you handle these questions that as a US citizen you are not obligated to answer, without p-ssing off someone unnecessarily?
I think this DEFINITELY is a "safety and security" question.
Dec 9, 2010, 1:06 pm
#3
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Another FTer mentioned that he refused to answer these questions to enter his country (US), and that they sent him to the holding area, before releasing him about an hour later. I'll see if I can find the thread. Seems as though the front-line CBP officer did not know we could remain silent..
Dec 9, 2010, 1:16 pm
#5
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"I'm sorry, officer, but I don't believe that answering questions such as the one you've just asked without my attorney present is in my best interest. I'll try to be as helpful as possible, but I hope you understand that there are certain questions that it would be inappropriate for me to answer without the consent of my attorney".
Dec 9, 2010, 1:20 pm
#6
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Dec 9, 2010, 1:23 pm
#8
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the obvious answer is "that's a good question. The constitution gives each American citizen the right to remain silent so I am going to exercise that right. Thank you."
But I'm not sure I'd do that, especially if my wife is traveling with me. She already is trepidatious about traveling with me what with the whole barefoot situation.
But I'm not sure I'd do that, especially if my wife is traveling with me. She already is trepidatious about traveling with me what with the whole barefoot situation.
Dec 9, 2010, 1:27 pm
#10
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I was really surprised that after coming back from South America, where I traveled for 3 months with various visas & stamps, the CBP officer at DFW didn't ask me a single question. He scanned my passport and said, "Welcome Home."
Dec 9, 2010, 1:31 pm
#11
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I think that CBP does have the power to ascertain that you are a US citizen and that you are not bringing forbidden items into the country. I would be very careful in refusing to answer them.
The thread you mention was a refusal to be searched by the TSA after he had successfully passed through customs and immigration. TSA wanted to grope and inspect him after he passed through customs because the layout of the airport requires him to pass back through the sterile area.
I'm not sure where 'immigration', as opposed to customs or TSA, fits into this spectrum. Maybe one of our resident lawyers can clarify?
The thread you mention was a refusal to be searched by the TSA after he had successfully passed through customs and immigration. TSA wanted to grope and inspect him after he passed through customs because the layout of the airport requires him to pass back through the sterile area.
I'm not sure where 'immigration', as opposed to customs or TSA, fits into this spectrum. Maybe one of our resident lawyers can clarify?
Dec 9, 2010, 1:40 pm
#12
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IIRC, Immigration and Customs are now one in the same under the Department of Homeland security. The CBP website confirms that.
Just because airports separate the activities of - a.)permitting you into the country and b.) establishing you are bringing in legal goods - does not mean they have to be done in that order. If you enter the US at a land border it is the same person authorizing your entry to the country and checking your imports.
Yes you can remain silent, but CBP can also detain you until they establish your permissibility into the country, along with searching your possessions with or without your permission.
What is CBP?
(08/21/2009)U.S. Customs and Border Protection, within the Department of Homeland Security, is responsible for keeping America’s borders safe and secure. On March 1, 2003, CBP combined the inspectional work forces and broad border authorities of the U.S. Customs Service, Immigration and Naturalization Service, and the Animal and Plant Health Inspection Service of the Department of Agriculture.
(08/21/2009)U.S. Customs and Border Protection, within the Department of Homeland Security, is responsible for keeping America’s borders safe and secure. On March 1, 2003, CBP combined the inspectional work forces and broad border authorities of the U.S. Customs Service, Immigration and Naturalization Service, and the Animal and Plant Health Inspection Service of the Department of Agriculture.
Yes you can remain silent, but CBP can also detain you until they establish your permissibility into the country, along with searching your possessions with or without your permission.
Dec 9, 2010, 1:50 pm
#13
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"Anything that I purchased abroad is listed on my customs form, you can read the list there"
Someone please correct me if I'm wrong, but doesn't the customs form also have an area for dates of when you left/came back?
Someone please correct me if I'm wrong, but doesn't the customs form also have an area for dates of when you left/came back?
Dec 9, 2010, 2:06 pm
#14
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Legally? I believe that you only have to identify yourself, and they have to prove your citizenship, can search for any wants/warrants, and can search your luggage and your body for items restricted from entering the US. That does not mean that they won't use whatever powers they have at that moment to make your life difficult, simply for saying "no".
It's not my cup of tea, yet appears perfectly legal to identify yourself, and answer no more questions.
Dec 9, 2010, 2:18 pm
#15
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You're right - I went to read it after I posted. Very informative, and a fascinating and amusing 30 minute law lecture embedded on the site.
If you click on the "free guide" link, it gives you a handy passport sized cutout that you can hand to the CBP, saying that you are invoking your right to remain silent. This is probably the least suspicious way to remain silent - at least it gives a legal/political reason instead of looking like you're trying to hide something.
But the free guide also notes:
so this tactic may not make your experience any easier... unless everyone does it. 
My apologies - I would like the link if you can find it. But the TSA story was a good one, too. 
If you click on the "free guide" link, it gives you a handy passport sized cutout that you can hand to the CBP, saying that you are invoking your right to remain silent. This is probably the least suspicious way to remain silent - at least it gives a legal/political reason instead of looking like you're trying to hide something.
But the free guide also notes:
Customs agents do, however, have the right to search you and your stuff very
thoroughly. They may do this to pressure you into waiving your rights. The more people
invoke their rights, the less Customs will be able to do this. It might be a good idea to pass
copies of this card out to all of the passengers on your plane. They will have a heck of a time
searching everyone! Don't forget to send a copy to all of your friends and family as well.
thoroughly. They may do this to pressure you into waiving your rights. The more people
invoke their rights, the less Customs will be able to do this. It might be a good idea to pass
copies of this card out to all of the passengers on your plane. They will have a heck of a time
searching everyone! Don't forget to send a copy to all of your friends and family as well.