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I really Do Learn Something New Every Day

Discussion in 'The VIP Lounge' started by Dan Driscoll, Sep 13, 2017.

  1. Dan Driscoll

    Dan Driscoll HTT Refugee Donor War Zone Member

    This article was written about privacy concerns when traveling with a smart device or laptop, but I am sure would apply in many other situations, as well.

    Today I learned that when you cross a border you haven't really 'entered' a country until you pass thru customs and border control. So if you fly into New York from Rome you are not legally considered to be on US territory until you have passed thru Customs and Border Control. That part I did know. What I didn't know and the point of the article is that even if you are a US citizen you are not covered by Constitutional protections until your passport has been stamped. I have flown internationally quite a few times and until today was not aware of this. It's also contradictory, because you are still subject to civil & criminal laws of that nation while in the customs holding area.

    Article Link
     
  2. capsuleri

    capsuleri Well-Known Member

    I instinctively knew that but good to have conformation.
     
  3. Dan Driscoll

    Dan Driscoll HTT Refugee Donor War Zone Member

    I was shocked to learn that Constitutional protections do not apply the US citizens on the wrong side of the customs checkpoint. It is still US territory and US law applies, so I do not understand why the Bill Of Rights would not.
     
  4. DYohn

    DYohn Well-Known Member Donor

    If it ever impacts the right person it will become a case for The Supremes.
     
  5. DYohn

    DYohn Well-Known Member Donor

    By the same logic you are not on US territory at an embassy unless you're granted entry past the front desk.
     
  6. Dan Driscoll

    Dan Driscoll HTT Refugee Donor War Zone Member

    I've spent a lot of time out of the US, but have never visited an embassy. But I thought you were on US territory once you passed thru the entry gate or door? Whose laws apply in the space between the entry and the front desk? Have the guards and diplomatic corps or visitors left US territory if they step out past the desk? Or is this another legal fiction where US law still applies, but only if the embassy wants it to?
     
  7. DYohn

    DYohn Well-Known Member Donor

    I suspect the legal fiction statement is closest to the truth. It's all legal fiction though, isn't it?
     

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