Administrative searches by customs are not mandatory -- I've entered the U.S. from international trips many, many times and was never subject to a personal search and only twice subject to a search of my property. Upon presenting valid proof of citizenship, i.e. my passport, I must be admitted, i.e. I cannot be denied entry to the United States. That, by the way, is statutory (or, at least, a CFR -- it's been a while since I looked this up).

Regardless, not only is there no legal basis for a security search as a condition of admission, such a search is presumptively unconstitutional and expressly contradicted by the statute (or CFR), which defines the legal requirement for admission.

I to have re-entered the US and have not have my bags searched by customs. But what if customs says that my property will be searched? Can I deny them, and then enter the US, as a proven US citizen?

Can I deny an administrative search at the airport and go about my business?

(not being snarky, to me it's exactly the same question).

Of course not. However, Customs may not refuse you entry into the U.S.

You cannot refuse the search, because at the border, you basically have no constitutional rights (unlike, ahem, an airport security checkpoint). If you physically resisted, you'd be subject to arrest and all that, but once that part is resolved, you're home and free.

I've re-entered the country a few dozen times and never had any searches done, besides putting my bags through a scanning machine. Once was random, the other was probably because I was carrying a variety of foods.

?? We have rights at airport security checkpoints? I mean, real rights, you know, the kind you can exercise and all.

Seriously, I behave as if I have no rights at the checkpoints, because the threats I see posted here and on the Blog make it clear that whether or not those rights exist on paper, if a TSO at the checkpoint says they don't, if I know what's good for me , I listen to him/her.

Kind of like freedom of speech. I can exercise my right anytime I am willing to pay the penalty. That penalty can be nothing or it can be very severe indeed, particularly at a checkpoint.

Most countries have laws that prevent them from denying their own citizens access. That is: most countries can not reject you at the border if you are a legal citizen and can prove this.

With regard to citizens, that isn't what customs is about, either. Customs is about two things, mostly:
* Preventing aliens from entering illegally (technically immigration of course, but many people and some countries mush these together)
* Preventing goods from entering the country without being properly taxed (and illegal goods from not doing so.)

So basically as a citizen, you can always enter. As for the things you carry with you, that's a different thing.

As for screening-on-arrival; I dunno what the deal is on the side of TSA. Here at AMS we have arriving pax coming into the same areas as departing pax. I have never seen screening happen on arriving pax. Maybe it happens on some specific origins, but not as a general matter of policy. You see, they were screened before they got on the plane that brought them there and the plane that brought them there appears to have not been taken over by tewwowists. Must be ok then, right?

It's because of the way some US airports are configured.

You clear immigration, go through the baggage claim area, clear customs, re-check baggage, if any. Then you have to go through the sterile area either to leave the airport entirely or to catch a connecting flight.

Between deplaning and entering the sterile area, you have potentially had access to your checked bags. You may have removed a forbidden item from your checked bag. That's why you have to be treated like someone who just arrived at the airport overland - you have to be screened before re-entering the sterile area.

It's really nasty if you've bought liquids (liquor) at duty-free and carried it on. Now you have to put it in your checked bag before re-checking it. If you didn't check bags or if you didn't know this is how the setup at this particular airport works, you will have to surrender your duty-free at the checkpoint - whether you are leaving the airport completely or connecting to another flight.

Going through TSA on arrival because it is the only way to leave the airport is a real nuisance, and can be a trap for unwary duty-free shoppers.

Its NOT even CLOSE to the same question. Its federal law that some sort of screening happen for passengers to enter the sterile area of the airport per the ATSA, that law is carried out by regulation, orders, SD and MD.

PT said the ONLY requirement to enter the country as a citizen is to prove citizenship, which can be done with a Passport. Then said that the searches can not be denied if customs decides to do it. I do understand that is not saying they are mandatory, but it certainly seems to add another condition besides the "only" - that is what I am asking about.

Odd, that you somehow see it the same way.

And understand, I am not asking because I think that its unfair if I am searched coming into the US. He wrote something, I'm simply curious about it, and am asking follow up questions.

I have had my bags checked by customs coming into the US before. It was not a problem for me. It will not be a problem for me if it happens again. Simple as that.

So there is more than just the "only"? If customs decides to search your bag, and you refuse, what happens?

The baggage claim (and re-check when connecting) area is unsterile and with good reason. I do not disagree with that idea at all. This is also not something you have to deal with in aforementioned AMS: once you're in baggage claim, you're not going to see the sterile area again without going through the land-side part of the airport and starting the entire process from scratch. At this point you're essentially outside.

Are there really airports in the US where, to exit the airport, you have to go from plane to sterile to non-sterile (baggage) to sterile and once again to non-sterile (exit)? That may well be one of the more retarded things I've heard recently. Who came up with that idea? Is there a list so I can continue to avoid them (which, so far I appear to have done unknowingly)?


You may enter (as is your right as a citizen of your country), your bag may not. You may however have brought on probable cause for the customs folk to search your person for illegal substances, hidden inside one's body. I'm not sure what would happen if you tried to refuse that.

I don't mean this in a negative way, but is this your legal opinion?

Much like yourself, I will never state such a thing.

Wow. What generated all the heat?

I'm not a lawyer, but I do see it the same way PTravel does.

As just an ordinary citizen, if I get stopped anywhere in the country for an 'administrative search' (or any kind of 'fixed' stop, like DUI checkpoints, southwestern border and highway checkpoints, airport checkpoints, courthouse checkpoints or customs) - from my perspective, it's all pretty much the same. In each case, IMHO you go along or there are probably consequences.

From my perspective as an ordinary citizen, it's immaterial to me what the legal basis of the search is. When someone says they're going to perform an 'administrative' search on me, what difference does it make whether it's federal or state law, or a regulation or a rule. The one time my bag was checked, all hand luggage was being checked. The agent was polite and quick. Either way, in my mind, I was already back 'home' by the time I got to him. It was my belongings that weren't truly 'home' until he cleared them.

To me, if I get stopped for a post-immigration customs search crossing the border, that's no more relevant to me entering/being denied entry to my country than if I clear immigration, drive 10 miles down the road and get stopped by a CBP at a roadblock. IMHO, neither one has anything to do with me entering the country.

'Fair'? I don't know where that came from. I didn't see anything in your question about 'fair' and I didn't see anything in my post about 'fair'.

If it is, it isn't a very good one!

(Hint: CBP only requires RS for invasive personal searches, not PC).