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| Subject: Brian - pt 2 |
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http://www.scribd.com/doc/4642766/Canadian-Border-Guards-Can-Unlawfully-Search-and-Seize-Your-iPod
http://www.xtra.ca/public/Ottawa/Travelling_with_porn_Think_again-3249.aspx
http://www.theglobeandmail.com/news/technology/laptops-fair-game-for-border-searches/article1308805/
[01-07-2010,20:12]
[**.154.245.217]
Sharon |
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(in reply to: Brian - pt 2)
That´s right.
CBSA doesn´t require any kind of permission to search your personal items such as computers, cameras, cellphones etc.
CBSA doesn´t even need a reason to do so. It could be under the basis of a random screening.
Now going back to this lady whose passport is flagged.
You can contact the CBSA and request an study on your file to see what is the problem. In some cases the "Flag" is grayed out and the field officer is unable to edit it or to do a more detailed search.
What happens is that when the officer sweeps your passport, there is a code that pops up that requires a referal to secondary as well as a search.
Now,
Are you a US citizen? If you are not, I don´t think you are under a criminal investigation, otherwise you would have been refused entry into the US. Either way you should seriously look into it.
Back to work....
[02-07-2010,13:17]
[***.115.153.178]
DocD |
(in reply to: Brian - pt 2)
@Sharon/DocD: Sorry guys, I´m not convinced. CBSA doing things doesn´t mean they are authorized to do this. Screening your personal physical belonging is backed up through the Customs Act so is searching a conspicuous person. These scenarios were stated in Sharon´s links and are absolutely correct. going further than this point without any clear indications/suspicions is more than a grey area and from my understanding you can file a complaint whenever this should happen to you.
[11-07-2010,14:56]
[**.204.59.132]
brian |
(in reply to: Brian - pt 2)
in the last 3 days border officials shot at a car going through the Nexus lane when the driver did not obey the instructions to turn off the ignition and get out of the car.
Guess who is in trouble. what was the reason for the request to get out of the car - does not matter. The driver did not obey the request.
If you want to cross the border, you need to be prepared to have your belongings searched. If that is a problem for you... you need to stay home.
[11-07-2010,15:20]
[**.154.245.217]
Sharon |
(in reply to: Brian - pt 2)
Sharon, you do not get my point!!!
there´s a clear line between what is allowed and what is not! if an officer has a suspicion indicating something is fishy, he/she has the right to search you - BUT IT NEEDS TO BE REASONABLE!!! example: searching for child porn stuff on a laptop/camera of an unmarried 25+ male coming back from a bangkok trip is reasonable. looking for the same on a laptop/camera of a 17 year old female who was on the same plane is not reasonable. in the latter case you should file a complaint if you got the feeling the officer was abusing his/her authority.
Furthermore, I did not write that as a traveller you´re supposed to not obey the instructions of any customs (doesnt matter of what country) - indeed I highly recommend to follow whatever they´re requesting from you. However, what a customs officer does is not always being legitimated just because he/she is doing it. If you feel your privacy has been invaded for no reason and/or the officer is abusing his/her power, you have the right to call this into question - e.g. by filing an official complaint and/or internal investigation.
[11-07-2010,18:34]
[**.204.59.132]
brian |
(in reply to: Brian - pt 2)
Our original complainant had a problem with his address or his name and a concern that he had something to do with multiple passports. I would consider that probably cause to question or search. He claimed he was innocent and therefore should not have been questioned or searched and that somehow because they did not find anything, they should put his car back together afterwards and be very remorseful. I would suggest that his situation is far more serious than a 17 year old female unless she was carrying pirated materials - ohhhh, did not think about that one did you!
I have a friend named D. Smith. There is a million of them out there and one happens to be on the US no-fly list. He has had zero luck in getting anyone to apologize for missed flights, hassle and general obnoxious behaviour towards him. All he has been told to do is to call in advance and to give himself lots of time to sort it out each time he tries to travel.
Welcome to 2010
[11-07-2010,19:53]
[**.154.245.217]
Sharon |
(in reply to: Brian - pt 2)
sharon: mixing up a couple of things (no-fly list vs. getting screened at customs)?
in addition, my example was referring to REASONABLE. It did not refer to screening for pirated materials as it requires quite another searching approach than looking for illegal porn on one´s pc.
anyway, let´s leave it there. we´re too far on this one.
[11-07-2010,20:14]
[**.204.59.132]
brian |
(in reply to: Brian - pt 2)
we are not too far. You keep coming up with examples that have holes in them.
ANYONE, regardless of age, sex, religion, nationality or race can give cause for Border Services to 1) as questions 2) if not getting the information required or suspect information is being withheld... move on to a more detailed level of search either by searching the person or their property. 3) it says right on the border services website that they are not obligated to put your car back together.
The list of stuff that Border Services is concerned about far exceeds any list we can compile so I am not even going to try. There is no such thing as unreasonable when it comes to who might be a potential offender.
If a disabled Olympian can be caught smuggling fake viagra into Canada (or was it the other way around) - anything is possible.
I am sorry you find this categorically unfair but I doubt that anyone, in any type of border control scenarios - regardless of country, would agree with you.
[11-07-2010,21:00]
[**.154.245.217]
Sharon |
(in reply to: Brian - pt 2)
@Sharon: I brought examples using electronic devices where CSBA is potentially invading one´s privacy rights.
This has nothing to do with smuggled goods through VIPs (or any other human beings), withholding of information or with putting a car back together after screening.
Please woman read carefully what people post before responding. PLEASE!!!
[12-07-2010,00:31]
[**.204.59.132]
brian |
(in reply to: Brian - pt 2)
In some cultures, calling me WOMAN might be benign. In Canada, it is enough to get your face slapped when used in the tone you just did.
Given that illegally copied music, movies, software, pornography, and bomb making instructions can be found on a laptop, I am not clear what privacy rights you may be talking about.
[12-07-2010,02:06]
[**.154.245.217]
Sharon |
(in reply to: Brian - pt 2)
Sharon,
one cannot easily identify illegal copied music nor software on someone´s pc. this requires more than just a simple screening. the same applies to any kind of digital document based instructions.
again, you´re mixing up different aspects and i´m getting tired to explaning it over and over again.
no offense but the more I read from you, the more I understand those numerous people who are pissed off with some of your responses.
It´s about quality not quantity.
discussion closed!
brian
[12-07-2010,09:33]
[**.204.59.132]
brian |
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