Canada Getting searched by Border Patrol

Turtle

Administrator
Staff member
Retired Expediter
They don't have to have probable cause to search your truck, on either side of the border. They can also just take your computer and smartphone if they want, without even reasonable suspicion.

It's called the "border search exemption" (or border search doctrine) and allows US Customs and Border Protection officers, US Immigration and Customs Enforcement Special Agents, and US Coast Guard officers who are customs officers enforcing Title 19 of the US Code with the Department of Homeland Security, to search travelers and their belongings at the American border without probable cause or warrant. Customs officers may generally stop and search the property of any traveler entering or exiting the United States at random, or even based on ethnic profiles. More more invasive searches or seizures of a person's body (but not their vehicle) beyond a routine search requires some suspicion. More invasive searches or seizures include strip searches, body cavity searches, x-rays, or detention beyond that which is reasonable for a routine search.

At the border, customs officers are authorized to search all travelers' closed containers (including vehicles) without any level of suspicion. That authority extends to all physical containers, regardless of size or the possible presence of personal, confidential or embarrassing materials. The same authority allows Customs to open and search incoming international mail.

The border search exception only applies at the border, though. Despite the federal law that allows federal Customs and US Border agents to conduct suspicionless search and seizures within 100 miles of the border, the Supreme Court has clearly and repeatedly confirmed that the border search exception applies only at international borders and their functional equivalent (such as international airports).

I don't go to Canada anymore, but when I did I got searched thoroughly the first time I went into Ontario, but never after that in Ontario. I also got searched thoroughly by Canadian Customs and interviewed thoroughly the first time I crossed the border into a new province. The first time in Quebec, Manitoba, New Brunswick, Nova Scotia, Saskatchewan, Alberta, British Columbia. But never was searched or interviewed again in any subsequent crossings into those provinces.

Coming back into the US, though, that's another story. I got searched and/or x-rayed about every 10th time I crossed back into the US. One time in Sweetgrass, MT they searched me at the border before I left the US and went into Canada. Sheesh.
 

littlejoe

Veteran Expediter
Turtle,

for information beyond the call of duty , I hereby owe you a STEAK DINNER!!!! If we cross paths , dinner is on me


And thanks for being a friend


PPS- I would invite EB , but I think he's a vegitarian (not sure , Clarification Eric????)
 

cheri1122

Veteran Expediter
Driver
Wow, Turtle: I must have crossed the border 100 times in a cargo van [with and without the FAST card] and never once got searched. Aren't you the lucky one?!

Littlejoe: FWIW, I can't see where you did anything 'wrong', but that's a big part of why I won't cross the border in a CV again: you just never know what kind of mood the agents will be in when you do.
Once, an agent asked me what I was hauling, I said "Auto parts", she asked what kind of parts, I said "I don't know" [just part numbers on the BOL], she said "What if it's drugs?" I said "Then Chrysler has some 'splainin to do, I guess" :cool:
 

OntarioVanMan

Retired Expediter
Owner/Operator
Wow, Turtle: I must have crossed the border 100 times in a cargo van [with and without the FAST card] and never once got searched. Aren't you the lucky one?!

Littlejoe: FWIW, I can't see where you did anything 'wrong', but that's a big part of why I won't cross the border in a CV again: you just never know what kind of mood the agents will be in when you do.
Once, an agent asked me what I was hauling, I said "Auto parts", she asked what kind of parts, I said "I don't know" [just part numbers on the BOL], she said "What if it's drugs?" I said "Then Chrysler has some 'splainin to do, I guess" :cool:

Huh?...He had a criminal record Cheri and didn't declare that....did you miss that part?
 

dancorn

Veteran Expediter
It just seems weird that the government says go through these steps and we will let you in then you show up and they say no.

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Yep, I was once asked if I had any weapons on board to which I said "No". Then they asked if I had any weapons at home to which I said "Yes". This lead to a 2 hour delay while I was questioned and had a criminal background check done. I was then admitted into Canada. Since that day I have always said no to guns on board and no to guns at home. No further problems since I stopped being honest. LOL
 

OntarioVanMan

Retired Expediter
Owner/Operator
Why a 100 miles..Is that the magic number for the folks that cross?..LOL
Pleanty of xdocks near the borders..US drivers can bring it all the up and dump it for the Canadian drivers to come and get.
:)
Because that is the distance US border service has authority from the border....after 9/11 their range was extended from 50 to 100 miles....that is why you see them more along the toll road of 1-80 Toledo thru to Niagara now....they can actively patrol that....
 
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cheri1122

Veteran Expediter
Driver
Huh?...He had a criminal record Cheri and didn't declare that....did you miss that part?

I missed the part where they asked about it, I guess - and they never asked me when I crossed, in either direction.
It reads as if they changed their mind once he said his parent was born in Canada, and that's what I don't get.
 

Slo-Ride

Veteran Expediter
Because that is the distance US border service has authority from the border....after 9/11 their range was extended from 50 to 100 miles....that is why you see them more along the toll road of 1-80 Toledo thru to Niagara now....they can actively patrol that....

Good info OVM I didnt know that..
I assummed most Canadian drivers have a number as how far they want to go into the states and still be able to return home on the same page. I know with the last carrier I was with, I hated going deep and having to wait for Canadain freight coming back up.
 

scottm4211

Veteran Expediter
Owner/Operator
Good info OVM I didnt know that..
I assummed most Canadian drivers have a number as how far they want to go into the states and still be able to return home on the same page. I know with the last carrier I was with, I hated going deep and having to wait for Canadain freight coming back up.

It's hit or miss, but my number is prefaced by a $ sign.
 

runrunner

Veteran Expediter
Wait, now I'm confused: you can't enter Canada with a criminal record, but if one parent was born there, then you can, automatically?
Or did I miss something here? :confused:
PS I have no intention of crossing the border in a commercial vehicle, [though I would as a civilian - I like Canada], I just like knowing the correct info.

Don't know if this is why but maybe.
Canadian citizenship is typically obtained by birth in Canada, birth abroad when at least one parent is a Canadian citizen and was born or naturalized in Canada, or by adoption abroad by at least one Canadian citizen. It can also be granted to a permanent resident who has lived in Canada for a period of time.
 

littlejoe

Veteran Expediter
Don't know if this is why but maybe.
Canadian citizenship is typically obtained by birth in Canada, birth abroad when at least one parent is a Canadian citizen and was born or naturalized in Canada, or by adoption abroad by at least one Canadian citizen. It can also be granted to a permanent resident who has lived in Canada for a period of time.

In simpler term , both governments decided to give north american Indians the rights to cross freely between the U.S. and Canada dating back to the 1800's if I am correct. And since I am 50% Chippewa Indian and my father was born in Canada , I automatically fall into the class of "dual citizenship" . now to get the proper paperwork filed, and it should be a whole helluva lot easier



Joe


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OntarioVanMan

Retired Expediter
Owner/Operator
In simpler term , both governments decided to give north american Indians the rights to cross freely between the U.S. and Canada dating back to the 1800's if I am correct. And since I am 50% Chippewa Indian and my father was born in Canada , I automatically fall into the class of "dual citizenship" . now to get the proper paperwork filed, and it should be a whole helluva lot easier



Joe


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Do you qualify for the North American Card?...seeing your 50% Chippewa?...that makes it easy as well....except when you get to the border and claim your status as North American....it drives them crazy!!!
 
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