border crossings

[rbryan4]

Originally Posted by Cypherian

Yes Gbaglo, you are correct it does not really pay to be a jerk , I do not mind complying for small things but if asked to give them my password to my computer / tablet etc the answer will be no. I have to prove it works that is all. Now referring back your right it really doesn't pay however, in the case of passwords if you give them the password and they poke around and find say an image file nothing wrong right? It is after all only a picture of one of your grandkids ( if you have them) in a tub playing with bubbles ... Want to roll the dice on what happens then ? It is all up to interpretation of the person searching. The mess the wrong interpretation will cause you is beyond description. So yeah you want to search my vehicle sure, camper go for it my computer , tablet, phone no sorry more then happy to if you have a warrant.

Cypher

http://blogs.findlaw.com/law_and_life/2010/11/naked-baby-photos-lead-to-parents-arrest.html

http://www.securitymanagement.com/news/us-supreme-court-shields-cell-phones-warrantless-searches-0013530

I agree with not being a jerk toward any law enforcement, customs or border official. They're just doing their job after all. Having said that -- I'm gonna open a can of worms by saying that defending my rights against unreasonable search and seizure, particularly in the United States, is NOT being a jerk. Men fought bled and died to make sure those rights exist, and I'll be damned before I surrender them. Just sayin....

[gbaglo]

In case there is a misunderstanding, the jerk I was referring to was me.

[MarksAlot]

Wow. Quite a response from everyone.

I've found in practice that you're never going to win any argument with an officer in the field. Be polite, cooperative as possible, do what you need to do and a little humor can help too. They have a tough job to do and can understand both sides of the situation. Long lines, many people and they have to look for a needle in a haystack. At least they didn't want to do a body cavity search. Bottom line is they keep us safe and I thank them for that.

All went well and I'll be crossing the border back into the US soon and will be experiencing the other direction then. We'll see how it goes. I'll try to update this thread then. Lovin my new 19.

Ain't travellin fun?

[rbryan4]

Originally Posted by gbaglo

In case there is a misunderstanding, the jerk I was referring to was me.

I understand completely!

I have (sorry to say) been kind of a jerk to law enforcement at least once -- and it surely didn't help. My point was that there are some (and I emphasize this is the exception and not the rule) in law enforcement who will violate a citizen's rights and not think a second thing of it.

I'll give you an example:
I was traveling a few years ago westbound on Hwy 90 from San Antonio toward Del Rio, when I came across an immigration "checkpoint". All the traffic was being stopped. When I approached the checkpoint, an immigration official asked me if I was an American citizen.

Call me crazy, call me stubborn, but I was alone, and I had a few minutes to kill, so I did not answer the question. This sort of thing upsets me. In America at least, any law enforcement official needs probable cause in order to detain or stop anyone -- and that includes on a public highway.

I simply asked, "Am I under arrest?", "Am I being detained?" and "Am I free to go?" until he gave up and waved me through -- without answering his question.

I know that many if not most who read this will think I was being a jerk, but again, standing up for your rights in what is a clear violation of the Constitution is not being a jerk at all. Now, if my wife or grandkids had been with me, it would have been a completely different story, because if on the odd chance they did arrest me or detain me for not answering their questions, I would not want to put my family through such an ordeal merely on principle.