jeneralist 

It's becoming increasingly common to encounter US "border" checkpoints anywhere within 100 miles of the actual international border. These are more common near Mexico, but I've encountered them while driving about 50 miles from the Canadian border in Vermont.

The folks who staff such checkpoints routinely ask drivers for a lot more information, and a lot more access to cars, than drivers are legally obligated to provide. There are YouTube videos documenting these interactions between drivers and checkpoint officers. ("Are you a United States citizen?" "Am I being detained?" repeated over and over.)

Does anyone know how the law applies to cyclists near the border? "Getting out of the vehicle" and "allowing access to the vehicle and contents" are different when the vehicle doesn't have doors, a roof, a trunk.....

indyfabz

Worried that someone might find your stash?

On a more serious note, in 2010 one of the support vans on ACA's Cycle Vermont tour was almost pulled over in Richford, VT, where there is a border crossing. The van had VA plates. The agent actually got out of his vehicle at the roadside rest stop the van driver had set up told us that, until he saw all the cyclists, he had been concerned that the van was involved in drug smuggling. He said there was a lot of that going on in the area.

Tourist in MSN

I doubt that they will find any illegal immigrants in your pannier. I had no problems crossing the actual border between USA and Canada. Since I was on a bike and not flying, I carried the passport card, not the book type passport. They did not ask to search anything, just a few questions at the border and off I went. I do not think I was ever asked for a second ID.

I however got chewed out for taking a photo of my bike with the border station behind it on USA side, apparently that is a top secret facility or some such thing. But, they did not demand I hand over my camera. Coming back into USA, I did not get chewed out for the photo I took in Canada at the border, the Canadians were less paranoid.

I was part of an Adventure Cycling group, so they had over a dozen cyclists cross that day, maybe that helped? The route was also on the ACA maps so they probably had a lot of cyclists on other days.



But, I think it would be prudent to always have a photo ID to show if asked. If stopped somewhere other than the border, I can't imagine why anyone would think that they could expedite the process by asking questions like "am I being detained?" The law enforcement personnel are looking for criminals and if I have to give them a few minutes of my time, I will do so.

mev

I've crossed these a few times, most recently a few months ago when I cycled back from Brownsville, TX to Austin in December.

On that occasion and most of them previous, the interaction went as follows:
- I queued up with the row of vehicles
- As I got close, the guard yells over a question, e.g. "what is your nationality"
- I replied
- The guard says "thank you" and waves me on my way
I haven't ever has to show ID in those inland checkpoints. As far as "access to contents" goes, I haven't ever had anyone looking at panniers. They'll often have dogs to quickly sniff things, though they didn't have them come over to sniff me or my bicycle.

On the border itself, sometimes queuing up with vehicles isn't the right choice, e.g. in the US/Canada crossing in Blaine WA - they instead send you into the building where you line up with anyone else referred there. In that case one needed to present passport or similar travel document.

indyfabz

Were those taken at Roosville and Chief Mountain, respectively?

Tourist in MSN

If you meant my photos, I do not recall the names of the border crossings. They were taken on the Glacier Waterton loop, first one on the west side going north from Whitefish, the second photo was on the east side going south from Waterton Village to East Glacier.

indyfabz

That would be them. The GF and I did that loop back in 2009. I remember the big blue and white sign at the Roosville crossing. Chief Mountain is recognizable from the trees and the fact that you going up hill as you reach the U.S. border. When we crossed, the woman letting us into Canada wasn't mean or nasty, but she was not very friendly either. She asked us both what we did for a living. Then she fired off a "What's your next day back at work?", like she was trying to trip us up. It was the second day of the trip. I didn't even know what day it was. All I could come up with was "Whatever date a week from next Monday is." The GF is good with dates and was able to come up with the exact date. Coming back into the U.S., the two twenty-something border guards could not have been more friendly. We got to talking about how cheap Montana was compared to that part of Canada. They laughed and told us how Canadians like to cross the border to buy cigarettes and alcohol.

The must surly border person I encountered was after crossing the Peace Bridge from Buffalo to Ontario. We had to go into a building and see someone at a desk. I asked the woman for a passport stamp. She bent back her head and rolled her eyes at me and reluctantly gave me a courtesy stamp.

The most lax was coming back into the U.S. from Alberta to Montana at Del Bonito. Two of us pulled up on bikes. There was no one in sight. We let out a couple of hellos. Finally some young guy in old skool mirrored sunglasses, grease on his hands and a smoke dangling from his lips comes walking out of a garage. I think he had been working on a border patrol vehicle. He walks up, asks us if we are American citizens. We tell him yes, and he says "Welcome home." Never checked our IDs. That was, as you can guess, pre-9/11.

fietsbob

Didn't need a Passport to enter Canada, now you Do... seems the computer makes background checks easdy so They do Any DUI's you may be refused entry even on a Bicycle

IDK the Customs check in Anacortes WA or getting off ferry in Victoria?

Jseis 

40 years ago 6 of us touring cyclists had to show ID (drivers license & birth certificates) to get off the Princess Marguerite in Victoria. We also showed them our cash. Each of us packing $500, then down the ramp we went. Coming back in through Warroad was like a chat with the lone guy in the middle of nowhere. International Falls customs thought we were all cocaine packing stoner hippies (a few thousand miles of road alters you). But the only result was hanging around 45 minutes while they "watched" us. We started eating lunch, then they told us to "get the hell out".

Tourist in MSN

Very good point, I had heard that if you have a felony conviction in USA, you can't cross and if your conviction was not a felony but would have been a felony in Canada (and I heard that a DUI in Canada is a felony) that they do not let you in.

hueyhoolihan

in '95 i backpacked (on my way from Calgary to Denver) through this checkpoint and they never even looked up from the TV . i just passed on by and continued on my way. Canada to U.S. BTW.

spinnaker

I got you beat. I snapped a photo at the Italian/ Swiss border near Centovalli. Next thing I know 3 guys surround me with automatic weapons. Apparently I had taken a picture of a military installation. They took my camera but just deleted the offending pic. They told me when I crossed into Switzerland I could take all of the photos I wanted.

In the US, I can't imagine being stopped at a checkpoint aside from the regular border crossings. I would think they would concentrate on the more traveled roads but who knows. I seem to always have trouble crossing into the US as opposed to into Canada but this last trip was different. When I crossed into CA they took my passport and had it for several minutes while they checked my out in the office. Going back into the US at Niagara, I don't even remember showing a passport.

desconhecido 

Oh man, this is a can of worms. Note that I'm not a lawyer, just an interested person with a small bit of understanding.

Stops at the border and a person's rights at the border are different from a non-border checkpoint. At the border, you really don't have many rights and they can ask you anything and demand that you answer. They can search you at will and can detain you based on what they call "mere" suspicion. this applies at all immigration points, even if not actually at the border. For example, if you come through immigration at the Chicago airport, it's just as if you're at the border.

The inland checkpoints are a bit different. According to Supreme Court rulings on the matter, they can stop you for a brief period of time to ascertain your immigration status and that's it unless they have "reasonable, articulable suspicion" of criminal activity. So, they can ask you what your nationality is and you're probably required to answer. Any further questions or detainment are not within their authority without reasonable suspicion. A drug dog alert probably supplies that suspicion, though everyone knows that drug dogs are easily manipulated by their handlers. It is my understanding that they do not have the authority to demand identification unless they have "reasonable, articulable suspicion" of criminal activity or that you are in violation of immigration laws. They can't demand that you tell them where you are coming from or where you are going or what you had for lunch or anything else. They can't demand that you consent to a search, without a higher level of suspicion called "probable cause." Dogs can supply that, I believe. But, there is plenty of evidence to indicate that the border patrol agents at these inland checkpoints either do not understand the limits of their authority or frequently willingly exceed those limits.

My advice, as a non-lawyer, at the border, do what they say, answer the questions they ask, if they want to search you, they have the authority, let them do it. Inland, when they ask your nationality, tell them. Beyond that, it depends on how tolerant you are of hassles. You may win an argument with them, eventually, but you'll never get your time back. As they say, "you can beat the rap, but you can't beat the ride."

Probably the most important rule: never physically resist because if you do, it won't go well and they'll get away with almost anything they do in response. Being rude to them does not give them reason to do anything in response, but, they might anyway.

RR3

The Fourth amendment does not exist anymore anyway but the US Customs and Border Protection enjoy extra-Constitional powers within 100 miles on a coast or land border. Essentially they stop, question, and search whomever they please. Over 200 million citizens live within that 100 mile zone.

DHS claims laptops and other electronic devices are subject to search within das Constitution-frei land.

timdow

I have gone through the checkpoint on 8 Freeway in San Diego county near Kitchen Creek 100's of times. They used to stop me and ask where I lived, but now just waive me through. I think due to all of these dash cams and "am I being detained" videos/situations they have toned it down. Last time I went through the car ahead of me with Mexican (Baja) plates was waived through without any questions.

I personally know several BP agents through my time in the National Guard. I talked to one about this very matter, and he said that they could really give a crap about your personal drugs... they are looking for drug and human traffickers, period.

Unless you are acting like a complete idiot, I can't imagine getting hassled at all on a bike.

djb

I've crossed into Vermont and New York via Quebec on bicycle a number of times over the years and personally havent ever seen nor heard of these roadside checks that you refer to. That said, I always go with the "be polite and answer all the questions" thing, and never had any reason to be untruthful, its never been an issue. The longest I ever had at a crossing was waaay back in 88 or something, my first bike trip, from Montreal into Vermont/New York and back. I crossed at some small crossing that was along a downhill and I was doing fun slalom turns leading up to the border (never even thought it would look weird) and they had me go through my panniers, but really it only took 10 mins or so and they saw I just had camping stuff and regular toiletry stuff, and I was tired so the break was fine. I suspect they were bored and I was young looking and riding kinda goofy like.....

FBinNY 

Things have changed. Drug smuggling, and the concerns about illegal aliens, and potential terrorists have led to these 2nd lines of defense near the borders.

It's very different from about 40-50 years age when 4 of us of were coming back to NYC from Montreal. Our car was selected for a random full search and ID check, and sent to the designated area. This wasn't going to be good because the trunk was filled with "souvenirs". Fortunately they start the process with an interview, and the border agent walked up and asked where we were coming from and headed. Larry, in the back seat called out "Brooklyn" and it was obvious where he was from. The border agent heard that, asked the rest of where we were from, and we must have sounded authentic because he sent us on our way with his best wishes.

We're not used to police intercepts on our roads, but I've been "field checked" in France, Italy, the UK, and Mexico, and if I can handle heavily armed police overseas, have no issue with the idea here ---- as long as the police are professional and courteous.

Doug64

Never had a problem on a bike.



I have not had problems photographing most checkpoints. They were looking for someone, not out to hassle a couple of old folks on bikes.

Machka 

On the other hand ... we were stopped a couple times in the New Mexico/Arizona area in 2012 while driving a borrowed van from Florida to San Diego.

We were asked where we were from ... Canada/Australia. The licence plate on the van was Canadian too. And we were waved onward without further ado. There might have even been a "you have yourself a nice day" in there as well.

Machka 

Yes, why on earth wouldn't a person just answer "yes" or "no" to the question: "Are you a United States citizen?"

StephenH

I assumed down on the Texas border, that it was just a matter of practicality. There's a lot of towns along both sides of the border, a lot of ways to get across there. Get a few miles from the border, and the roads are few and far between, so it's going to funnel all the travelers onto a few roads which makes it easier to check them there.

FBinNY 

Based on some incidents in the last few years, there's increased concern over the possibility of terrorists coming in through our very porous border with Canada. Moving check points around randomly inside of the borders is just another line of defense.

They've been using similar methods all over the world for decades, and it seems to be something of a deterrent. And I can assure you that in many places these checks are taken very seriously. Having soldiers take line of fire positions surrounding you car while someone asks where you're coming from and going, then explains that "this isn't on the way to Paris" and asks to see your papers reminds you that security is something we've always taken for granted here in the USA.

Mr IGH

Not really true, while they don't actually bust you, they turn you over to the local authorities. Ask Willie Nelson, he's been busted twice this way.

staehpj1

At non border checkpoints I have always just been waved through. I guess that an old man, who is obviously of european descent and is on a bike, isn't that interesting to them.

While on the ST, I rode with a young guy who could have passed for a number of ethnicities. We usually were not riding together when we hit check points, but he said they asked him a number of questions each and every time including where are you coming from?, where do you live?, and maybe where are you going?. He said they usually asked the same questions a second time, probably to be sure he answered the same way each time.

In Texas I spoke to a few local folks and they warned me that the border patrol guys tended to overstep their authority. The locals that I talked to seemed to really dislike the border patrol folks. They suggested that I be polite, but not especially cooperative toward the border patrol and law enforcement in general. They said that you should know your rights and offer nothing beyond what you are required to. One ex cop in TX said that in dealing with any law enforcement in the US you should always remember and use the 5 words, "Am I free to leave?"

For me, all of that has been a complete non issue when on tour.

cymro

We have just returned from an almost 6 month camping trip in the Southwest and were stopped at checkpoints many times in our truck and trailer. The agents were always very polite, and sometimes personally interested in our adventures. I was also stopped a few times cycling on gravel roads in the borderlands after apparently triggering sensors of some sort. Usually around dusk, and the border patrol trucks would come roaring up to me. They were again always polite, and just talked to me and in these cases didn't ask for any ID. We did find in one area that there was local redistance to the "militarization of our borders". As guests of the US we just go with the flow!