Posted on 06/06/2019 5:38:24 AM PDT by vannrox
There was no conceivable reason for border agents to be suspicious when “Charles” flew from Brazil to Chigaco, with a final destination of Denver.
But that didn’t stop them from searching his luggage, searching him, and finally searching his phone.
Customs and Border Protection has been ramping up their searches of the electronics of travelers to the United States. Over 30,000 people had their electronics searched at a U.S. airport last year while traveling to or from the United States.
In this interview, Charles tells me about his ordeal with the United States Customs and Border Protection. He was traveling to the United States to see a friend but was stopped at the airport and searched without probable cause, or even reasonable suspicion.
Finally, CBP Agents forced him to unlock his phone so they could troll through thousands of pictures, fishing for a crime. They didn’t find a crime, but they did find a picture of Charles with marijuana from over a year prior. Based on that picture, his visa was revoked.
(Excerpt) Read more at thedailybell.com ...
If all Rs were judged by the McRomneys of the party then I would say the same thing about Rs as you say about Libertarians. I am pragmatic in my views, I hate that I voted for the R for president from 2000-2012.
They seem to want you to sign up for Global Entry - which ends all of the harassment, for a fee. If I had to guess, collecting the fee is a big part of the game.
Global Entry allows returning US citizens to be treated with the same respect other countries give to their returning citizens. You just have to pay the bribe, like they do. :)
I’ve never had any physical tampering with my devices in China, but VPN is a must for any business traveler. They block so many sites now (strangely, not FR yet - guess we are too small to bother with) that you can’t get any work done without it.
These searches are part ofCBP’s longstanding practice and are essential to enforcing the law at the U.S. border and to protecting border security. They help detect evidence relating to terrorism and other national security matters, human and bulk cash smuggling, contraband, and child pornography. They can also reveal information about financial and commercial crimes, such as those relating to copyright, trademark, and export control violations. They can be vital to risk assessments that otherwise may be predicated on limited or no advance information about a given traveler or item, and they can enhance critical information sharing with, and feedback from, elements ofthe federal government responsible for analyzing terrorist threat information. Finally, searches at the border are often integral to a determination ofan individual’s intentions upon entry and provide additional information relevant to admissibility under the immigration laws.
https://www.cbp.gov/sites/default/files/assets/documents/2018-Jan/CBP-Directive-3340-049A-Border-Search-of-Electronic-Media-Compliant.pdf
That is an irrelevant point, aimed at ginning up an emotional response on the part of the reader. Those legalities have no play in a border crossing. I've been "randomly selected" many times. Waste of time and effort for all involved, but they have to do what they have to do.
As for not allowing him in, government is emphatically the least fair aspect in our lives. He should be grateful he wasn't hauled into one of our famous kangaroo courts and ordered to surrender all his wealth.
Well, for one thing, this is considered a Border Search. Border Searches are not just done on the Southern and Northern Borders. Every, International Airport, in the United States is considered a border location. Only until you have your passport and visa checked/approved and you clear Customs, are you considered in the United States. Until then, you might as well be on the Mexican side of the border, waiting to get into Texas.
Because of that, the law, upheld by SCOTUS, allows “warrantless searches” at Border Crossings or entry into the US. Neither CBP, nor ICE, needs Probable Cause to search Charles’ bag, yours or mine.
Global Entry has a “random selection” aspect too. Plus the fee is a pittance, couple hundred bucks good for ten years - bigger hassle is showing up for a face-to-face interview.
That thing about unreasonable search? OH! it doesn’t apply in airports. Funny, the Constitution says nothing about airports being an exception.
Still think it’s the land of the free?
Until you are officially admitted into the US you have no rights. Customs can search anything in your possession including your phone and computer. Even US citizens are not immune from questioning and searches.
When I returned to the states in 2003 I was questioned about why I was coming to the states and how long I planned to stay since mu permanent address is the Philippines. Most ex-pats ddon’t take their mobile phones with them to the US, (roaming charges are too high). Computers can be another issue if you have pirated movies, songs or programs, (which is common in Asia).
Frequently the traveler sets off bells with the way he/she is acting, (nervous, pacing, not clearly answering questions, etc.). The agent will then take a closer look at the person and baggage to ensure that there are no issues.
I travel internationally very frequently. I have never been asked to unlock my phone. And, if I ever am? My answer will be “No”.
If that means I get denied entry at the border? Then, I’ll return home... or, sit in their jail till Trump gets me out.
“He was traveling to the United States to see a friend but was stopped at the airport and searched without probable cause, or even reasonable suspicion. “
You have no Fourth Amendment rights at the border when you are seeking entry into the United States. The authorities do not need probable cause, and do not need reasonable suspicion.
See https://en.wikipedia.org/wiki/Border_search_exception
Zhang “Charles” Wei?
Mohamed “Charles” Ali?
Not if the person is not a citizen
Libertarians extend U.S. Constitutional rights to non-citizens?
That’s exactly what the left is crowing about the illegal alien invasion.
Curious...
U.S. citizens, I agree. But this guy is not a citizen.
“Every, International Airport, in the United States is considered a border location.”
As well as a few in Canada. I flew through Canada once on Canadian, and went through entry via US Customs and Immigration authorities in Vancouver. I flew from Canada on Air Canada and went through entry in Toronto. It allows the onward flight to proceed to a domestic terminal.
I’ve heard some people remark that international airports in small cities are aggrandizing themselves by calling themselves “international”. “Podunk Corners International Airport”. “International” means that there are customs and immigration facilities there.
One reason I left the libertarian party
Customs officers have full powers under Title 19 Section 1581:
“Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs water of, as he may be authorized, within a customs-enforcement area established under the Anti-Smuggling Act, or at any other authorized place, without as well as within his district, and examine the manifest and other documents and papers and examine, inspect and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to compel compliance.”
And one reason why I never joined.
It’s lonely here in the middle...and dangerous (have to have eyes in the back of your head).
The problem is that the “two parties” are just as strong as ever, ignorance being what it is on both sides.
It also means commercial flight operations may be conducted 24 hours a day.
Would support a Conservative party making the gop the third party
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