WHAT GIVES CUSTOMS THE RIGHT?
This is certainly a normal question to ask when you have been referred to our secondary inspection area for an intensive examination.

The Congress of the United States has given the U.S. Customs Service broad authority to conduct searches of persons and their baggage, cargo, and means of transportation entering the United States. This authority is contained in Title 19 of the United States Code, Sections 482, 1467, 1496, 1581, and 1582.

The courts have also held that this search, seizure, and arrest authority is not dependent upon either probable cause or a search warrant as is required by police officers. One reason for this broad authority is the vulnerability of our borders to the illegal entry of a vast amount of dangerous and prohibited items.

We endeavor to use this authority wisely and with respect for human dignity. It is, however, the responsibility of a trained, professional Customs officer to determine the actual parameters of an examination. The officer is not permitted to release a traveler for entry into the U.S. until he or she is satisfied that no Customs or related Federal or State laws have been violated.

Customs officers must stop contraband, such as narcotics (drugs) from entering the United States. The narcotics are often found in cargo, but they are also found on passengers or in their baggage. Sometimes people swallow narcotics or insert them in their bodies to hide them.

The only way to be sure of finding narcotics that are hidden in baggage is to open the bags and examine them thoroughly. The only way to find narcotics hidden on or inside a person is to do a personal search of the person's clothing and body.

HOW DO OFFICERS DECIDE WHICH PASSENGERS TO EXAMINE?

When a Customs officer stops a passenger, it doesn't mean the person is accused of committing a crime. The examination process is a way to confirm the passenger's U.S. Customs declaration and to allow innocent passengers to continue on their way as quickly as possible. Customs officers receive regular training in methods of identifying passengers who may be smugglers. In addition, through on the job experience, Customs officers have acquired knowledge and expertise in detecting smugglers in action. Officers are often looking for narcotics when they choose passengers for examination. This may result in innocent passengers having to undergo a personal search.

DID I FIT THE PROFILE OF A SMUGGLER?

If all smugglers shared the same characteristics, it would be easy to identify them. Smugglers, however, are continually adapting their ways of bringing contraband into the U.S. Since all cases of smuggling vary, there is no "profile" of a smuggler.

The Customs Service does not tolerate discrimination. Customs officers are not permitted to use race, gender, religion, or ethnic background to select a passenger for examination.

HOW MUCH AUTHORITY DO OFFICERS HAVE TO CARRY OUT EXAMINATIONS?

Customs officers have been given special authority by federal statutes and court decisions. The United States Congress and the courts recognize the extreme importance of protecting the United States from narcotics. Officers may examine all conveyances (car, boat, airplane), all persons and their baggage, and all cargo entering the United States. They may also conduct personal searches of passengers.

WHY AREN'T ALL PASSENGERS EXAMINED?

Our aim is to make our Customs officers highly professional at finding smugglers. Although officers have the authority to examine everyone and everything entering the U.S., there are two reasons why they don't. First, most passengers entering the U.S. are law-abiding travelers. Second, Customs resources are limited. Therefore, Customs officers concentrate on finding the few passengers who are breaking the law. So, for most people entering the U.S. there is little or no examination.

WHAT CAN I DO IF I THINK THE EXAMINATION WAS NOT CONDUCTED IN A PROFESSIONAL MANNER?

If you are still in our facility while you read this, ask to speak with a supervisor immediately. Customs supervisors are responsible for ensuring that officers behave in a professional manner and treat all persons with dignity.

This facility may also employ a Customs Passenger Service Representative (PSR). The PSR is a supervisor specifically assigned to handle any concerns or questions you may have. Go to the Customs office and ask if there is a PSR.

If you have left the Customs facility, we still want to hear from you. You may write directly to Customs Headquarters. We will review your comments and respond in writing in a timely manner. If you provide your daytime phone number, we will also contact you directly.

Director, Passenger Operations
U.S. Customs Service
1300 Pennsylvania Avenue, N.W.
Room 5.4D
Washington, D.C. 20229

WHAT GOOD DOES IT DO?

Examinations help protect:

You and your family from narcotics and dangerous drugs,
Your job and employer from unfair foreign competition,
Our agriculture industry from devastation by harmful insects and diseases,
The health of you, your family, and community from contaminated foods and medicines,
You from very serious criminal elements bent on entering this country,
Random examinations allow us to validate compliance rates by the traveling public.
Of course, these are only a few of the many examples of what Customs accomplishes through our examination process.

THE EXAMINATION

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Originally posted by Pi Kappa Phi:
I hear all these people saying that they are searching anyone that is big and fit, anyone that shaves. i mean damn this seems like some violation of peoples rights to me. i could see some problems if some of these cases went to court. they would have to lie their asses off. Why did you search this man, well it was because his arms and legs were shaved. WTF!!!! I would imagine that they need to establish some LEGIT probable cause. I understand it is very easy for these assholes to lie, but I would think a lot of complaints would be logged against these dumbfucks.

[This message has been edited by Pi Kappa Phi (edited March 13, 2001).]

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Bro, When you leave the US and re-enter YOU LOSE ALL YOUR RIGHTS as far as search and seizure. They can and will search ANYTHING and EVERYTHING! And there's nothing we can do about it.