Arrest, Search, Seizure, Warrant Arrested at Border crossing By US Customs & border patrol

[khimmi]

We (husband and wife US Citizens middle aged with totally clean records) crossing Canada - NY border, stopped by US Customs & Border patrol on memorial day weekend, Hancuffed for no reason, ( we did not resist or protest, but asked why and were not answered) without being told why we had been asked to get out of our car( MB - ML320), after cuffs were removed, detained for three hours and our car searched and xrayed (not in our presence) and then let go ( had to ask for our passports licenses and car key) with no explanation or apology.
Is this legal? What recourse do I have??
Many thanks

 

[calalily]

I'm not sure of the dates, but recently I believe a terrorist group was operating on or near the border of the US and Canada. Also lately I heard there are US citizens involved in aiding terrorist. So maybe you got caught up in something to do with that.
The border patrol was doing their job and don't need to apologize. You weren't hurt or roughed up. US citizens aren't use to this kind of treatment but it's common overseas. We need to get used to it as the terrorist move into our country...they are here now and in Canada and probably Mexico. Terrorist and or criminals can be middle aged too. Maybe your car fit the description of someone they were looking for. Maybe you and your husband fit the description.They can't and won't tell you why because it is confidential information. If they tell you and you tell let's say the media, then the people they are looking for will be alerted.

 

[calalily]

P.S. You weren't arrested; you were detained and the Border Patrol did nothing illegal. There is no legal action you can take.

 

[ibis]

I'm not sure

what your recourse would be. I know nothing about Canadian law.

A normal security check would not involve handcuffing you. They were certainly acting on some kind of report, but who knows what about you and your husband matched the report. I'd sure as hell start shooting off letters to my senator, my congressman, and the Canadian Border Patrol. It doesn't compromise security to say they were following up on a lead and apologized to you for the inconvenience. And I'd be pissed if they have now have your fingerprints or mugshots as a result of the detainment. Those will go into a database you have no control over. As an innocent citizen, thats a high price to pay for a case of mistaken identity.

Ibis

 

[faq_]

As a Canadian citizen I can se the need for thorough random inspections, however, handcuffing you and your husband and refusing any comunication whatsoever is in my opinion uncalled for.

I understand the need for strict confiedntiality, but there is no information leaked in an apology.

They could state that you were randomly chosen for a search due to our border situation, treat you with respect and apologise for your inconvenience and thank you for the much needed co operation and your valuable time.

I know if I were comming over to the US and thius happened, but they were respectful, Id be more than happy to co operate. Id be a little peeved to be set a few hours back on my trip, but we need to understand why this is happening.

I can see that you feel insulted and frustrated and rightly so.

I would file a complaint just to state that a little respect is all that is needed in this unfortunate situation both countries are in eh?