BAGGAGE SEARCHES AT U.S. PORTS OF ENTRY
Yes. Federal customs regulations expressly provide that persons, baggage and merchandise arriving in the United States from abroad are subject to inspection and search by CBP. This authority applies during the border inspection process and can include carry-on baggage, checked baggage and containers presented with the traveler.
19 C.F.R. §162.6 states that persons, baggage and merchandise arriving in the customs territory of the United States from abroad are liable to inspection and search by a customs officer.
A traveler should not assume that a locked suitcase, checked bag or prior screening by an airline prevents CBP from examining baggage at the U.S. border.
CBP exercises longstanding border-search authority when examining travelers and property crossing the international border. Routine border inspection therefore operates under legal rules different from ordinary law-enforcement searches conducted away from the border.
CBP states that all travelers crossing the U.S. border are subject to inspection. Citizenship does not eliminate the customs examination of baggage and merchandise.
Travelers can be referred for additional inspection for many reasons, including documentation questions, customs issues, alerts, random selection or officer discretion.
The fact that CBP opens a suitcase therefore does not by itself establish that the traveler is under criminal investigation.
During border inspection, property in a traveler’s baggage can become relevant not only to customs declarations but also to the purpose of travel or admissibility. For example, business documents or equipment may lead to questions about whether the traveler’s planned activities match the visa classification.
CBP may inspect property and return it during the same encounter. If CBP instead formally detains or seizes property, separate custody, seizure or forfeiture procedures may apply.
Document the condition of the property, preserve any custody receipt and identify whether CBP or the airline had possession when the problem occurred.
CBP border-search authority extends to baggage presented for inspection. A lock does not eliminate that authority.
Yes. CBP states that all travelers crossing the border are subject to inspection, including inspection of baggage and merchandise.
Not necessarily. A baggage search can occur as part of ordinary or secondary border inspection and does not by itself establish wrongdoing.
A routine luggage inspection and a search that leads to visa cancellation, property seizure or an admissibility finding require very different follow-up.