Every so often I see something in the news about some poor bastard leaving the US for vacation and being arrested as some sort of you-know-what. I recall one where they found a lot of chocolate bars and condoms on this guy headed for Phils and they nabbed him and tagged him.

My question is under what circumstances was the search conducted? There’s three places I can think of: that x-ray they do to your bags before you get to check-in, at check-in, where they don’t actually inspect, but a brief nod from the clerk brings over a security goon who will then examine your stuff (this happens to me whenever I fly out of Oakland, and they write ‘ssssssssssssssssssss’ on my ticket) and give you a more thorough frisking at the boarding area, and at the security search when they examine your pockets and carry-on stuff. But when does it go from a security inspection to some sort of judgment call that has nothing to do with airline safety?

BTW, I’m sure I missed a few of these stories, but of what I’ve seen it’s always at SFO.

No such thing, it is not possible to arrest someone for chocolate bars and condoms....

You can be detained for carrying in excess of 10,000 in cash without declaring it on exit from Us (think thats still the number). But no limits on chocolate bars or condoms yet

If your carry-on is packed too tightly, or they see anything that looks like it might be electronic when it goes through the x-ray, they will pull you aside and open up your carry-on and search it. A friend of mine had 2 or 3 GIANT vibrators in his carry-on in July and the lady pulled them out when they searched his bag. You just get funny looks. They can't arrest you for stuff like that. However, I put anything like that in my checked bags, even my condoms, just so I don't have to deal with it.

Highly likely the person arrested was for underage girls, possibly a sting operation. Happened to a friend's uncle.

For whatever reason my check luggage always seems to get opened and inspected, and it's always by a female.

When she see's the big economy box of condoms, the life like vibrating cock and bottle of astroglide lube, she puts things back very quickly and closes up the bag, comical to watch.

And this is leaving the US? Sounds like bullshit to me, you can go through security with a bag full of vibrators, porn mags and rubbers and as long as your lube bottles are 100ml or less and in a quart-sized Ziploc, you're 100% good to go. Only explicitly banned objects are banned, right?

If US Customs searches you on exit, most likely they will have someone single you out for a "random" search at the jetway on boarding.

Most often they are looking for couriers of cash bringing home the profits to the local drug cartel but they can legally search you any way and every way just as thoroughly when you are leaving the country as they can when you are entering the country.

The case referencing chocolate bars and condoms was a guy boarding a plane at LAX. However he was arrested as a result of a long running federal investigation where they tapped his phones and monitored his internet access over a period of months.

IAS: What is your source of information regarding that Customs can search you as thoroughly when you leave the country as when you return? If that statement were true, they could, for example, confiscate your computer without so much as reasonable suspicion before your airplane even took off. I doubt this is true although will listen to anything you have that shows the contrary.

Although TSA can open your luggage, both after it is checked in or brought to a screening location, this is a far cry from saying customs, not TSA, has the unbridled right to search you as you leave the country in the same manner as when you are entering the country (and without so much as a reasonable suspicion of unlawful conduct). But then again, perhaps you know something I don't about this.

(Message edited by LAguy on September 22, 2008)

It may be a little to sweeping a statement for me to have said "can legally search you any way and every way just as thoroughly when you are leaving the country as they can when you are entering the country" but absolutely they can and do search people leaving the country.

Look at http://www.cbp.gov/linkhandler/cgov/newsroom/publications/travel/whyexamc.ctt/whyexamc.pdf in the section regarding "Outbound Examinations". Note where they say they can conduct a personal search and that they don't need a reason.

IIRC there was also some kind of ruling in a Federal appellate court a year or 2 back regarding a guy who had his laptop searched when exiting the US. IIRC the guy lost and the search was ruled constitutional. I'll see if I can dig that case up. It's different case than the more recent Customs/Laptop ruling.

Hmmmm. The brochure cited by IAS is interesting and does suggest they can conduct random searches as you leave the country (although leaves open whether the scope of their authority to conduct these searches, e.g., examination of laptops, and so forth) is the same as when you enter.

One idea I had previously dabbled with is that the focus on searching and scrutinizing men returning from SEA represented impermissible gender discrimination. I note now that the brochure specifically mentions that Customs cannot use gender as a criterion to determine who they search. Then again the brochure states you are supposed to be treated in a courteous manner, and we know how far that rule goes.

US v. William Douglas Roberts was the other case I was thinking of. I guess it was floppy disks searched and seized in the jetway on exit, not a laptop but I assume laptops are fair game by the same and other rulings.

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=5th&navby=case&no=0020781cr0

Last August, I was crossing the border going back to my job in Mexico. I was on the cheap-ass $3 bus from McAllen, TX to Reynosa, Mexico. As we approached the toll booth just before crossing the bridge at the river, the bus was boarded by several Customs agents. They proceeded to go down the bus speaking with several people. I was one of the lucky ones.

Customs dude asks me where I am going. I inform him that I have lived and worked in Mexico for the last three years and am returning to my job. He asks me if I have ID, I respond yes I do. He asks if he can see it. I ask him why he needs to do that. He informs me that they are conducting routine Customs inspections. I handed him my passport and he looks through it and says that I have a lot of stamps - Brazil, Philippines, Thailand, etc. I say yes, I am very lucky to be able to travel. He returns my passport and asks me how much money I have on me, "on my honor." I respond about $100 US and $1000 pesos Mexican. He says thank you, have a nice trip.

They probably spoke with half of the people on the bus. They only asked people questions and never looked through any bags. The dozens of times I have crossed the border at Reynosa, I have see this happen three times.

Based on my sole experience, I would say they are looking for large amounts of cash. If they find anything else, it's a huge bonus for them. As always when dealing with customs, say as little as possible.

EA

It is 100% legal for you to be searched crossing the border FROM the US...period. This actually goes back hundreds of years in British maritime law as well as most if not all legal codes. Basically this is the original catch-all for "homeland security" in the old days.

With the modern realities of the above probable cause and your consent are automatic. Since the underlying search is legal anything discovered is....even if unrelated to the original purpose of the search.

The biggest issue is undeclared cash in excess of the maximum allowed. The 2nd is recreational drugs. Now for anyone dumb enough to have illegal porn etc then you have a grey area.

Here in AZ the jail time for underage porn is 10 yrs per image. There currently is a teacher here in jail for 230 yrs for 23 images he said he inadvertently downloaded while surfing the net for legal porn.

All, as an airline employee who talks alot with CBP agents alot I can tell you that the single biggest thing that CBP agents are looking for when doing a so-called secondary departure screening planeside is violations of the Fin-CEN reporting regualtions. The other thing that seems to top their list is visa overstays and visa missue..
Getting around the Fin-CEN is easy, just fill out the required 105 form and you're done.. I've seen many high rollers come into the US (SFO and LAX) from HKG with 20,000 or 30,000 CASH.. and yes, they have their 105's filled out.. only routine questions asked..