I Am Detained By The Feds For Not Answering Questions (April 2010)

The Nomad Lawyer ^ | Saturday, April 24th, 2010 | Paul Karl Lukacs

[MindBender26]

Thew real reason they ask questions, as this fool already knows, is to hear you speak. CBP agents are trained to listen for the very subtle differences between native-spoken English and English that which was aquuired after age 2. No one who learns any language after learning another fluently is completely free of the accents, inflections, words patterns, etc. of their first language.

Back in the day, there were certain phrases they would lead Eastern Eurpeans to speak, and in doing so, they could detect a Russian native pseaker as opposed to a German, Yugoslav or other person who could get into the US more easily.

In addition, since they make no record of the persons answers to these questions, this idiot is simply a ballbreaker.

[patfan]

Seriously? You are the same person who would be bitching about some illegal slipping through that same airport and killing some kid in your hometown. It happens everyday. First of all, the fourth amendment does not apply to the border. Second of all, although I generally support the strictest of limitations on Federal Authority, the Border is nothing to play with. Even libertine goofballs can sense that. Notice that I didn't say “understand”.

[JRandomFreeper]

They heard him speak. He just didn't answer their questions.

/johnny

[expat1000]

>>Thew real reason they ask questions, as this fool already knows, is to hear you speak.

Actually this fool (above) is out of date by a few decades.

They know very well he is American. The real reason they ask is to look for signs of stress, no accents.

[JRandomFreeper]

the fourth amendment does not apply to the border.

I'm missing that part of my copy of the Constitution.

Besides, refusing to answer questions falls under 1st and 5th amendments. He let them search (4th amendment).

/johnny

[MindBender26]

No, but he could use a much better hairdresser, and an updated photograph since his graduation from law school in the 80s !

:)

[patfan]

What are you talking about? His screen name is expat and I said that if he had any real balls he would preach the Gospel in a Mosque rather than show us how tough he is by occupying Border Officers in a Sterile environment that he know that he is safe in. Are you slow?

[MindBender26]

All of the above.

[Melas]

What’s worse, is I think that fate has relegated me to always being behind that guy.

[Dacus943]

"This douche unnecessarily occupied US Border Officers while potentially dangerous foreigners slipped through with less attention than they may have deserved because of his massive ego"

Douche, massive ego...?

No wonder your handle is PATFAN!

You probably never had an Area 51 Anal Probing by TSA you didn't enjoy...!

[gaijin]

Ah uh...so you’re some Boston cop or something, right?

Badge banger, right?

[Oceander]

Seriously? You are the same person who would be bitching about some illegal slipping through that same airport and killing some kid in your hometown. It happens everyday. First of all, the fourth amendment does not apply to the border. Second of all, although I generally support the strictest of limitations on Federal Authority, the Border is nothing to play with. Even libertine goofballs can sense that. Notice that I didn't say “understand”.

What sort of a raving, idiotic lunatic are you? First, and foremost, you know nothing about me and therefore cannot characterize what I would or would not do absent a necessary inference from what I posted; since what I posted had nothing to do with your screed, you're simply demonstrating your own incapacity for thought, period, let alone rational thought.

Second, had you read the article you would have realized that the original author could not have been an illegal trying to slip into the country because he presented a valid United States passport to border control as well as a state identification card. Beyond that, however, what on God's good Earth makes you think that answering those stupid questions would have allowed the border guard to tell if the author was an illegal or not? Do illegals engage in a particular set of activities when they go to China that US citizens do not engage in?

Third, did the original author say anything whatsoever about the Fourth Amendment, which is concerned with searches, something that the original author submitted to without a single complaint - something you would have learned if you had actually read the article instead of simply foaming at the mouth like a rabid dog.

Finally, I'm glad you aren't implying that you "understand" because your inanity passeth understanding.

[Moonman62]

“Am I free to go?”

The best question to ask when being detained. If the answer is yes, you can just turn and walk away as if the police don't exist. If the answer is no, it can come in handy if there is ever a related trial.

[JRandomFreeper]

He did what was legally required, submitted to a search of his posessions, filled out a written declaration, all of that.

This isn't about testicles, it's about enforcing the law. And the law doesn't require him to answer questions, apparently.

/johnny

[USNBandit]

There is a long standing a 4th amendment exception for customs inspections when entering and leaving the country. All of your belongings are subject to inspection in a search for items which may be charged a duty, or are contraband.

I know you might not agree with that, but it is good to know information the next time you get to customs.

[USNBandit]

Maybe not a terrorist, but maybe they should search his computer for kiddie porn.

[JRandomFreeper]

There are 4th amendment exceptions for just about everything, these days. I understand that. And I don't agree with it. I doubt the founders would, either.

And I don't have to worry about customs, because I don't intend to leave Texas, ever again.

/johnny

[basil]

Ping to read later......

[MindBender26]

With all due respect to my fellow members, this may show why the Bar is falling into general disrepute.

This is a classic example of being an ass because you can.

Here is an overriding example. There was a time when commercial lawyers ensured that all contracts were in proper legal form, clearly expressed the desires and expectations of all parties and provided remedies for failures to perform under the terms of an agreement. Then, a contract was simply an enforceable agreement.

Now, lawyers (because there are so many and they need something to do) have set themselves up into a new arena.

Time and again, two non-lawyer parties reach a mutually advantageous agreement. They then call their respective lawyers to reduce the agreement to writing. The lawyers, however, decide that it their job to get their client a “better deal.” They often spend hundreds of (billable) hours, achieve no substantiate benefit for their clients, and only get the two contracting parties mad at each other.

Often what was to be a mutually beneficial arrangement is never concluded, or even worse, becomes so one sided the underlying business proposition fails, after everyone has put a few million into it.

It's especially bad with female lawyers who think they have to enter every meeting with a scowl and an adversarial attitude.

I was recently called in to help mediate a libel and slander case against a TV station. Three times I had it settled, and everyone was happy, but the opposing lawyers screwed it up.

I finally called in both counsel and told them if they screwed up this 4th settlement, I was going to call their clients in and tell them I thought both counsel were simply trying to ensure the case went to trial, to vastly increase their billable hours.

They said I wouldn't dare. I gave them three names of other bar members they both knew and offered to have them call and ask if they thought I would do that.

The deal was dictated, reviewed and inked in 40 minutes!

Lawyers, stop acting like assholes because you can!

[USNBandit]

A returning U.S. citizen has an obligation to provide proof of citizenship

Not entirely true. A USC can show up with nothing, declare themselves a citizen and they have to be admitted. Obviously there will be a process involved in proving the claim but you must still be admitted. Even if this guy was a complete jackass, once it is determined he is a citizen he must be admitted. There are quick ways and slow ways to get through customs. This guy seems to relish the slow way.

I would bet that he wouldn't act like this if he had a tighter connection.