Why does the act of crossing back over from Canada...

[LuckyTheDog]

... automatically provide the kind of "probable cause" that allows an agent of the federal government to search my car?

I was crossing back today after a day in Canada. And the border guard says to me "turn off the car and give me the keys so I can look in your trunk." I complied because I did not want to be there all night. But think about it: Here I was, a U.S. citizen, on American soil, with a valid passport and driver's license. And my vehicle was searched basically because the guy at the border felt like doing that.

I was given no explanation about why Mr. Homeland Security felt he needed to look into my trunk.

You might say: "But people smuggle things and he did not know you were not smuggling." But, it's also true that the cops don't know for sure that I am not cooking crystal meth, either. Yet, nobody would suggest that the Detroit Police Department has a right to snoop around my basement just to make sure I am obeying the law.

I have every right to go to Canada -- so long as the Canadians are willing to let me in. Doing so is not indicative of criminal behavior. So, why am I treated as a potential smuggler whenever I return?

[XemaSab]

1. I was in TEXAS about 50 miles north of the border

and a fascist pig asked to look in MY trunk.

I thought long and hard about it, and decided that Texas at 11:00 at night while on vacation was NOT the time to take a stand for individual liberties.

I told the dude that he could look in my trunk. x(

[LuckyTheDog]

2. That sucks

Was it just a routine traffic stop?

I go to Canada a lot. And what I find odd is that the Canadian border guards -- who would have every reason to scrutinize any non-citizen entering their country -- are generally very nice to me. But on the way back, the U.S. customs folks always act like I must have been doing something wrong if I decided to spend time in Canada.

When I am across border, I'm usually doing nothing more subversive/criminal than eating Chinese food (Windsor has good Asian restaurants) or visiting Point Pelee (http://www.pc.gc.ca/pn-np/on/pelee/index_E.asp).

[XemaSab]

3. They have a big Border Patrol station along there

The southern border is weird.

I have been stopped in Arizona and California and usually they take one look in the car, see Casper the Friendly Ghost behind the wheel, and let me go.

NEVER have they actually looked in the trunk.

And yeah, I know what you're saying about Canada. My mom and I were crossing the border and we had some stuff in the back. The border guard waved us through and we said "Don't you care about the dog?" She said "You have a dog with you?" and we showed her the papers, then we went though. :D

[PassingFair]

4. Mules...

[Bassic]

12. They always act like that.

When you're a Canadian going to the States, their attitude is even worse, especially if you happen to have a French accent.

[Sen. Walter Sobchak]

8. they do that in California too

I have been telling them to fuck off for 20 years, few have put up much of a fight and I have never been detained for it.

[trof]

10. Yeah, Border Patrol WITHIN our borders?

Had to go through checkpoints in TX, AZ, NM, and CA.
D-U-M-B

[BrklynLiberal]

5. I guess the Canadian uniforms just do not have the Fascist tendencies that seem so common

among US uniforms.

[Sen. Walter Sobchak]

9. there are some pretty bad ones

Not authoritarian so much as just plain stupid,

I have some interesting encounters with Canada Customs, especially when I get a guard who looks to be about 19. I actually had one of those kids hassle me about an expired SOUTH AFRICAN visa, also known as NOT CANADA where I have a work permit. I also got extra inspection once because they decided I wasn't carrying enough. Explaining I have a house in California and a place in Alberta and don't really need to carry clothing and toiletries back and forth didn't seem to pass muster with this kid.

It seems Canada Customs hires from the same pool of people as Abercrombie.

[Doremus]

6. You ask some very good questions.

Unfortunately I have no good answers, just wanted to say thanks for the thought-provoking post.

:toast:

[SPKrazy]

7. Actually you didn't

but you would have spent a while dealing with that

4th amendment wasn't revoked and driving across the border doesn't make probable cause unless they've rewritten the constitution.

No one can challenge these Bushie laws but I bet under an Obama administration some of this will be turned around.

[leeroysphitz]

11. I got a decent job offer a while back from a company that had facilities in Detroit and Canada.

When I found out that I would be expected to commute across the border
everyday I called bullshit.

It was a good opportunity but can you Imagine dealing with that
border mess every day?

[One_Life_To_Give]

13. These laws are very old

US Customs, Coast Guard have very broad powers to search anything/anyone entering the US from abroad. Revebue Service was created by Hamilton in 1790 to do this. Today they are known as the US Coast Guard. Since Madison et al didn't object then it's hard to claim this violates the Bill of Rights.