Rights at Border Checkpoints

Are These Legal?

Yes. The Supreme Court (United States v. Martinez-Fuerte) ruled that permanent immigration checkpoints inside the US are legal. They are considered a “minimal intrusion” on your privacy.

Where act they? They are usually on major highways 20-100 miles from the Mexican or Canadian border.

The Stop Procedure

When you pull up:

1. Stop: You legally must stop.
2. The Question: The agent will usually ask: “Are you a US Citizen?”

Your Decision

You have two choices:

Option A: Answer the Question

If you say “Yes” (and you are a citizen), they will usually wave you through.

• Risk: It is fast, but you are waiving your right to silence.

Option B: Remain Silent

You have the constitutional right to refuse to answer.

• What will happen: They will not wave you through. They will direct you to “Secondary Inspection” (a side lane).
• Can they arrest me for silence? No. Silence is not a crime.
• Can they hold me forever? No. They can only detain you for a “reasonable time” to determine your status. However, this could mean hours of waiting.

Trunks and Searches

“Open the trunk please.” CBP agents often ask this casually.

• The Law: They need probable cause or your consent to open the trunk.
• What to do: If you do not want them to search, say: “I do not consent to a search.”
• Override: If they bring a drug dog and it “alerts” (barks/sits), that creates probable cause. They can then search without your consent.

Tip: Never lie to a federal agent. It is a federal crime (18 USC 1001). It is better to remain silent than to lie.