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Do we have the right as a U.S citizen not to answer any questions asked by border patrol agent at a inspection checkpoint?

Imperial Beach, CA |

like answering to "Are You a U.S citizen ?" Where are you heading to?" How long are you going to stay at your interest point? and blah blah

Attorney Answers 3


  1. You have the right not to answer, and they have the right to not let you in. Most border searches and questions are allowed due to the nature of business. Of course they can ask if you are a US Citizen, they have to decide to et you in. If yu are afraid of these types of questions stay away from the border.

    This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.


  2. If you are a U.S. citizen, or even if you aren't, why would you not want to answer such a simple question? Yes, you have the right not to answer their questions. That gives them the right to deny you entry or possibly to hold you while they check you out. If you don't want to answer these simple, harmless questions, then try and avoid border crossings or checkpoints.


  3. They can ask. You can refuse to answer. Then They can tell you to take your blah, blah, blah and stay outside the the US borders.

    Border agents have wide powers of search and seizure.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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