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Once customs and border patrol is holding you is there any way to back out? Could you say something like "Uh... I think I'm just not going to enter right now."?

Once customs and border patrol is holding you is there any way to back out? Could you say something like "Uh... I think I'm just not going to enter right now."? (then back up your data, ship the computer device with an insurance policy, and give the border crossing another shot)

outworlder 10y ago
Certainly, 6 months later, when you are cleared for a hearing after getting deported to who knows where. Don't try shenanigans at the border.
- greenyouse 10y ago
  OK, fair enough. Maybe just plan to not have your device like the article says.
deathanatos 10y ago
(IANAL) If you're a US citizen, indefinite detainment without cause is unconstitutional: they must release you eventually; you also (provided you have your passport/can prove citizenship) have a right to enter your country. Further, if they try to detain you indefinitely illegally, you have the right to a writ of habeas corpus — a legal challenge that your detainment or jailing is illegal (your jailor must go before the court and show cause that he/she has the right to hold you). (Though, if you are in this position, you may need someone to file it on your behalf.) Again, I'm only asserting this in the specific situation of a US citizen attempting to enter the US. My understanding is that they are permitted to search you, for the narrow purpose of border security. (I.e., the search here is not a violation of fourth amendment rights.) But I don't see how they can force you to divulge your password. You might not get the phone back, though, and they'd likely make your life very difficult; it's probably better to not mess around with them, and plan ahead. Specifically, I don't think leaving and trying again is ever an option, and wouldn't look good to the officer.
dgudkov 10y ago
You can. You have the right to withdraw the border crossing submission which is what you effectively do when you try to cross the border. I once was denied entry to the US and the CBP officer offered me to make it as I'm withdrawing my border crossing application in order to make the consequences less severe.

outworlder 10y ago

Certainly, 6 months later, when you are cleared for a hearing after getting deported to who knows where. Don't try shenanigans at the border.

greenyouse 10y ago
OK, fair enough. Maybe just plan to not have your device like the article says.

deathanatos 10y ago

(IANAL) If you're a US citizen, indefinite detainment without cause is unconstitutional: they must release you eventually; you also (provided you have your passport/can prove citizenship) have a right to enter your country. Further, if they try to detain you indefinitely illegally, you have the right to a writ of habeas corpus — a legal challenge that your detainment or jailing is illegal (your jailor must go before the court and show cause that he/she has the right to hold you). (Though, if you are in this position, you may need someone to file it on your behalf.) Again, I'm only asserting this in the specific situation of a US citizen attempting to enter the US. My understanding is that they are permitted to search you, for the narrow purpose of border security. (I.e., the search here is not a violation of fourth amendment rights.) But I don't see how they can force you to divulge your password. You might not get the phone back, though, and they'd likely make your life very difficult; it's probably better to not mess around with them, and plan ahead. Specifically, I don't think leaving and trying again is ever an option, and wouldn't look good to the officer.

dgudkov 10y ago

You can. You have the right to withdraw the border crossing submission which is what you effectively do when you try to cross the border. I once was denied entry to the US and the CBP officer offered me to make it as I'm withdrawing my border crossing application in order to make the consequences less severe.