The Good, bad and the Ugly: American citizens, Border Patrol, and Search and Siezure Rights - Instablogs
The Good, bad and the Ugly: American citizens, Border Patrol, and Search and Siezure Rights
Oscar , Oaxaca: Aug 3 2008
Made Popular Aug 4 2008
Mexico :

The Good, bad and the Ugly: American citizens, Border Patrol, and Search and Siezure Rights

U.S. citizens are in an uproar after hearing the United States Border Patrol, Homeland Security, and I.C.E.(immigration and customs enforcement) announce they now have rights to search and seize traveler’s laptops at any and all U.S. borders. The laptops, along with other personal data storing electronic may be searched on site or seized and taken to an unspecified offsite area for an unspecified amount of time. Once an item has been siezed it may be copied and shared with other federal agencies for translation, data decrypting, and inspection.

The Good, bad and the Ugly: American citizens, Border Patrol, and Search and Siezure Rights

The U.S. courts had previously given these rights to Customs officials and Homeland Securiy in airports without probable cause. The decision had been appealed and was recently reissued stating there should be reason for suspicion and gives equal power to Border Patrol officials.

The Border Patrol is specifically responsible for patrolling the 6,000 miles of Mexican and Canadian international land borders and 2,000 miles of coastal waters surrounding the Florida Peninsula and the island of Puerto Rico. Agents work around the clock on assignments, in all types of terrain and weather conditions. Agents also work in many isolated communities throughout the United States.

Reading this “horrific” news and many Americans reactions, I have learned a few astonishings facts. First I learned that the United States only has one neighboring country, Mexico. Canada does not exist, and if it does, definitely does not share a border with the U.S. The second amazing fact I learned is that the United States also has borders in Wisconsin and Illinois airports. Lastly, when Americans aren’t crossing it’s borders in these same Wisconsin and Illinois airports, they are coming from Mexico in a car, and ALWAYS carry multibillion dollar business contracts and TOP SECRET information on their personal laptops.

I’m not sure why so many Americans are outraged. First if you are personally sitting in this position and viewing the following from your car:

The Good, bad and the Ugly: American citizens, Border Patrol, and Search and Siezure Rights

You are no longer in your country, if you are an American. You are REALLY close, but close does NOT win you a cigar, nor does it get you a free uninspected pass back into your country. If you are sitting in you car in Mexico’s sweltering 106 degree heat for three hours, seeing this same view, you have officially taken a small leave of absence from your country and unfortunately some of your rights, specifically your protective right against search and seizure, stayed at home in the U.S. to lovingly await your return.

Now that I have explained a little bit about U.S. territory lets get to the next argument: Why do Americans have to go through “Mexican” Border Patrol inspection and possibly be searched to get back into their own country? I think I might have an answer to that as well. First, unlike Mexicans who “all look the same”, U.S. citizens come in a wide variety of colors, shapes, and sizes, thus proper documentation will be necessary to re-enter. U.S. citizens have also been known at times to commit illegal acts such as killing, drug running, kidnapping, AND espionage. There have also been times that Americans have been found to document illegal acts or business movements on their laptops and other data holding devices for future viewing or as a keepsake, thus YOU MAY BE SEARCHED.

Next, for you businessmen who are in gridlock traffic for three hours in Mexico’s 106 degree heat, waiting to cross the border in your car AND carrying a multibillion dollar top secret contract on your personal laptop, well you probably deserve to be searched for actually being stupid enough to do all of the above.

Last, Homeland Security was designed to protect the U.S. territory and citizen. Although the department was created in response to the 9-11 terrorist attack, it is not stated that all possible security threats are FOREIGN. It’s function remains the same even against possible threats proposed from it’s own citizens.

Really, what is the big deal? If you are not doing anything illegal you have nothing to fear. You might lose a little time, but in the end securing the U.S. and it’s citizens carries a very small price if it means you might only have to show your laptop contents. Just relax. Nobody is trying to get “neonatzi” with you, nor do they want to deprive you of your civil liberties, they are only trying to assure that when you get back home, it will still be a safe and secure place. Millions of people submit their person and belongings to U.S. officials everyday, it’s just part of the process. How is it that a foreigner can see it’s for your own good and you can’t? Lighten up, don’t worry. What’s good for the Goose, rarely kills the Gander.

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1 Stars
Son muy mal utilizados. La arrogancia de estos es cohecida en todo el mundo. Hemos dedicado horas de darse cuenta de que ellos están sujetos a las leyes como cualquier otro ciudadano del mundo.
1 Stars
Oscar
Oaxaca, Mexico
Desmasiado. Mi esposa es Gringa y hasta ella no puede creer la arrogancia de su gente... No tiene ninguna onza de logica en sus pensamientos: ”cuidame, pero no me cuidas DE MI.”

saludos
1 Stars
Sameer Kumar
Hyderabad, India
I think that is a simple and straightforward logic. When I spend a certain amount of time outside my own country and wish to get back in, the authorities have every right to check the stuff I carry and that is what they do at the airports. Considering the order of world toady and the way terror is spreading, a check is nothing to crib about if you could avoid the loss of a few hundred lives with it. Yes, nothing to crib about there.
1 Stars
Oscar
Oaxaca, Mexico
Those would be my thoughts as well. My wife is American and thought Border Patreol ALREADY had the right to check electronics at the border. She actually thought it was more of a security risk to NOT check.
1 Stars
John mealercompanies.com
Show Low, United States
I am happy they do this and would gladly let them look in my stuff knowing they are checking out the people who seem suspicious.
1 Stars
Oscar
Oaxaca, Mexico
Thanks John..I didn’t see it as so wrong either, it actually seems, obvious. If you read the tagged blog, it was incredible some od the coments, but I imagine, any comment, if worded correctly, could stirr alot of feeling.
I know my wife feels the same as you sir, that is why I just really couldn’t grasp the overwhelming comments rejecting the acts. I could also understand if federal agents were just randomly showing up at homes in the United States wanting to search and possibly seiz, but that is not the case.
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