Canadian writer arrested in border scuffle

Last time I rolled through, the agent was being audited, so there was a lot more aggravation than usual. Roll down the windows on the rear passenger side. What's your mother's maiden name. Open the glove compartment. May we inspect the trunk. So on.

 

I am not understanding this . Is the border patrol not allowed to randomly search anyone?

 

Border patrol doesn't need a warrant, but the search has to be reasonable, which is a pretty low standard in criminal law.

 

Steps when crossing the border

1) Take off your sunglasses
2) Turn off your cellphone (or put it on mute)
3) Turn off your radio.
4) Be polite. "Officer", "Ma'am" or "Sir" never hurts.
5) Don't give more information than necessary but don't leave anything out.
6) If you're going to the US to watch a Sabres/Bills/Bisons/Lions/Tigers/Wings game, just flash the tickets at the guard and tell him it's too bad he has to work.
7) Don't scream "Allāhu Akbar"

 

Jack Cates: They're gonna make me out for a cop for sure. You just follow my lead, pretend ya got a piece.

Reggie Hammond: I'm tellin' ya, man, I've been like places in this before with my friends. Only thing that kept us from kickin' their asses was they had guns and badges.

Jack Cates: It takes years of experience to work a joint like this ...

Reggie: You said bullshit and experience is all it takes, right?

Jack: Yeah ...

Reggie: Well come on in and experience some of my bullshit ...

 

Pretty sure First Amendment doesn't apply at the border, idiot. Almost as a quasi-legal jurisdiction as you can get.

 

It is. Are you new to this? Have you ever crossed a border before? You basically have little to no rights as guaranteed to a US citizen. Just crossing the border is enough reason for Customs to search your car and detain you for whatever reason. Quit your fucking crying and get a clue.

 

Says who? He's a B-list author. Nobody gives a fuck.

 

Hey, if that's the way you want it to be, then fine. Just don't bitch about the overreaching hand of the government. You'll also notice (or maybe you won't) that I said 'shouldn't be.' But don't let that get in the way of calling people names.

I always thought the entire fundamental underpinning of the criminal justice and police system was supposed to be that people are innocent unless proven guilty, and by extension that people shouldn't be treated as criminals unless they give a good reason for it. But, hey, the border is different. You don't have any rights there, apparently.

What's sad is you live in a police state and you don't even realize it.

 

No, it's not. Fourth Amendment still applies to Customs & Border Patrol, despite your claim to the contrary.

 

Border searches are not considered "unreasonable" by the courts, so while the Fourth Amendment still applies, it doesn't prevent you from being searched at the border.

If you disagree with the court system's interpretation of the Constitution, you have a couple options. You can try to work with the political system to get that changed, or you can try to argue with border officers in real time. See which one gets you further.

 

No doubt that you would have more leverage arguing with the border guards.