4 ms·

I'm an American and I have been detained and searched by CBP without actually ever leaving the country. They didn't ask my name, just that we needed to get out

I'm an American and I have been detained and searched by CBP without actually ever leaving the country. They didn't ask my name, just that we needed to get out of the car while they let their dog search the car.

Diederich 8y ago
Can you say where that happened?
- mchristen 8y ago
  Just south of Marfa, TX on the way back from a camping trip in Big Bend. CBP closes the northbound lanes of the highway and has a checkpoint that everyone has to pass through.
- lenticular 8y ago
  These CBP searches happen all the time near the Mexican border. I've been stopped at a few before traveling down there. The CBP checkpoints are permanent in some places, so there's plenty of people who have to go through it during their daily commutes.
maximilianroos 8y ago
You don't have to get out of the car. CBP only have power to stop you to ascertain the citizenship of the passengers. They need reasonable suspicion to further detain you, or probable cause to search you or your car. You can consent to the search, but you don't need to. If you refuse consent and they lack probable cause, the evidence would be suppressed. For more details: https://www.aclu.org/blog/immigrants-rights/immigrants-rights-and-detention/your-rights-border-zone https://www.aclu.org/blog/immigrants-rights/immigrants-right...
- geofft 8y ago
  On a side note, it's probably a problem that people are told "Can you get out of the car so we can have this dog search it" and hear "You must get out of the car so we can have this dog search it," but my understanding is the courts put a lot of weight on that distinction.
  - hopler 8y ago
    The courts have ruled that if someone makes a request under threat of physical violence or death, it is impossible to consent unless of course the person making the threat in law enforcement.
- mchristen 8y ago
  He claimed their dog indicated on our car... but that's a bunch of BS because the dog was already sitting next to them when we pulled up and didn't do anything further(exactly the same thing the dog did for the car in front of us). He then tried to get us to say we had personal use amounts of drugs on us and he was only looking for massive amounts of narcotics(the "amount cartels have" according to him). I was with a friend who was not a US citizen but is here legally on a work visa, they took his documents and left me alone while the dog ran through the truck. And to be honest, do you really think I'm going to put up a fight when I haven't seen a shower in days and have a 7hr drive ahead of me? We obviously fit a profile of sorts because the first words out of his mouth when we pulled up were to pull to the side because his dog indicated on us and he needed to search our car.
  - maximilianroos 8y ago
    If the dog signaled, that's probable cause to search the car. They can take detain you and search every nook and cranny of both the car and its passengers. Again - nothing distinct about being near the border for that. As you said, it's not objective whether the dog legitimately signaled. But IIUC you have limited ability to demonstrate that. (anyone know of cases around this?)
    - u801e 8y ago
      > If the dog signaled, that's probable cause to search the car. In other words: The Fourth Amendment of the Constitution clearly states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated unless a dog barks."
      - jacobush 8y ago
        Unless a dog is directed by its handler to bark. FTFY

Diederich 8y ago

Can you say where that happened?

mchristen 8y ago
Just south of Marfa, TX on the way back from a camping trip in Big Bend. CBP closes the northbound lanes of the highway and has a checkpoint that everyone has to pass through.
lenticular 8y ago
These CBP searches happen all the time near the Mexican border. I've been stopped at a few before traveling down there. The CBP checkpoints are permanent in some places, so there's plenty of people who have to go through it during their daily commutes.

maximilianroos 8y ago

You don't have to get out of the car. CBP only have power to stop you to ascertain the citizenship of the passengers. They need reasonable suspicion to further detain you, or probable cause to search you or your car. You can consent to the search, but you don't need to. If you refuse consent and they lack probable cause, the evidence would be suppressed. For more details: https://www.aclu.org/blog/immigrants-rights/immigrants-rights-and-detention/your-rights-border-zone https://www.aclu.org/blog/immigrants-rights/immigrants-right...

geofft 8y ago
On a side note, it's probably a problem that people are told "Can you get out of the car so we can have this dog search it" and hear "You must get out of the car so we can have this dog search it," but my understanding is the courts put a lot of weight on that distinction.
- hopler 8y ago
  The courts have ruled that if someone makes a request under threat of physical violence or death, it is impossible to consent unless of course the person making the threat in law enforcement.
mchristen 8y ago
He claimed their dog indicated on our car... but that's a bunch of BS because the dog was already sitting next to them when we pulled up and didn't do anything further(exactly the same thing the dog did for the car in front of us). He then tried to get us to say we had personal use amounts of drugs on us and he was only looking for massive amounts of narcotics(the "amount cartels have" according to him). I was with a friend who was not a US citizen but is here legally on a work visa, they took his documents and left me alone while the dog ran through the truck. And to be honest, do you really think I'm going to put up a fight when I haven't seen a shower in days and have a 7hr drive ahead of me? We obviously fit a profile of sorts because the first words out of his mouth when we pulled up were to pull to the side because his dog indicated on us and he needed to search our car.
- maximilianroos 8y ago
  If the dog signaled, that's probable cause to search the car. They can take detain you and search every nook and cranny of both the car and its passengers. Again - nothing distinct about being near the border for that. As you said, it's not objective whether the dog legitimately signaled. But IIUC you have limited ability to demonstrate that. (anyone know of cases around this?)
  - u801e 8y ago
    > If the dog signaled, that's probable cause to search the car. In other words: The Fourth Amendment of the Constitution clearly states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated unless a dog barks."
    - jacobush 8y ago
      Unless a dog is directed by its handler to bark. FTFY