How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RONB-ESQ Your Own Question
RONB-ESQ
RONB-ESQ, Lawyer
Category: Legal
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
90553395
Type Your Legal Question Here...
RONB-ESQ is online now
A new question is answered every 9 seconds

I was arriving from Guatemala City today (which I go often

Customer Question

Hello. I was arriving from Guatemala City today (which I go often to visit friends). Even before I arrived in the line for immigration, 3 cops stopped me (apparently knowing my face) and asked me "where is Herbert"? Which I have no idea who is this person. They interrogated me for about an hour and after having a dog inspecting my personal belongings and my body, he wanted me to go to a hospital to take an X-ray to see if I had
drugs in my stomach. I guess they confused me with someone else ,obviously a narcotrafficant. I
felt violated, humiliated and they took my phone
for verification of my messages and asked me
very personal questions about my tourist trip. I
want to know how to proceed, since America is a
free country and I have the rights of traveling
wherever I want. I don't know any Herbert (this
guy they thought I had any connection) and
Department of Homeland Securiry treated me as
a criminal. I never had any problems with the
police. Is it possible to take any action against
DHS? I am deeply traumatized and cant stop crying. Obviously they found nothing illegal in my possession, but they were insistent and treated me like a criminal. Thank you. CAMILLA Tremper.
Submitted: 1 year ago.
Category: Legal
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Also in the event you are new to JA, I only receive a portion of what you pay to JA when you provide positive feedback and click the submit button on the upper right corner of your page. If I have provided you a timely response and answered your question please give me the courtesy of a positive rating before you log off the site, as many people forget to log back in and leave feedback. There is no additional charge for continuing to reply after you have rated me and we can continue a back and forth discussion until the question you posed has been fully answered

You should see my answer in the same pane below this response as we continue. In the event you would prefer a phone call please let me know and I can arrange it. It tends to be easier for both parties if you just tell me you want a phone call and let me send you the request versus using JA’s automated “request a call” feature. If you see a pop up regarding a phone call please note that the website generated that offer. Before I send you any such request it will typically be based on you requesting it by typing the request on the screen and then I will send you a phone call offer. Do note that a phone call is not required and we can continue here just typing comments back and forth.

You should be able to view my answer just below this response as we continue….

Expert:  RONB-ESQ replied 1 year ago.

I am so sorry you had to go through this as I am sure it was traumatizing after never going through anything like that before. I am also an avid constitutionalist and believe that we in the U.S. have given up many of our rights since 9/11 to the government for them in turn to provide us some facade of security as in the TSA.

The problem here is even before the patriot act and further similar laws the Customs/Border Control Under ICE(Immigration Customs Enforcement) which is now under Homeland authority had special leeway anytime they had reasonable suspicion as to trafficking. While anywhere else in the County law enforcement would have been required to provide an affidavit with probable cause to a Judge to get a warrant to conduct an x-ray as you describe. More from the standpoint that this amounted to less of a simple detainment and more an arrest. A detainment is legal if it happens as part of a normal traffic stop or otherwise law enforcement has a reasonable suspicion of illegal activity. Detention is generally limited to a few minutes, but typically once it goes past 20 minutes then it is deemed an arrest and all the protections that go with that apply.

Sadly here ICE agents have great latitude at border crossings or international entry points to examine incoming people more thoroughly . In my legal opinion you don't have the basis of a lawsuit and I hope you recognize that I provide this as I feel professionally obligated to provide you the most accurate information I can so that you understand your rights and can make an informed decision. I know at times this causes someone to inadvertently get upset with me and leave negative feedback and I don't get paid anything from the site. I hope in your case you won't shoot the messenger. I didn't write the laws and don't agree with many of them.

I would highly recommend that you file a formal complaint with ICE. It might prove more effective if you first find out who the local supervisor was on duty by just calling and asking and maybe say you want to know who the supervisor was on duty at the time this happened. Then write a letter of complaint to his supervisor and cc. your state representative and state senator. You can go on google to confirm who they are and there mailing address. Even in this day of email they will place more significance in a letter that was mailed to them certified mail return receipt requested. In the letter to ICE you might specifically ask for the detailed procedure to file an official complaint and also ask for the identity of the ICE agents that interrogated you.

Again I am sorry this happened to you. If enough of us normal citizens provide proof of these "violations" then our representatives and senators may take action to at least force ICE to prove they got the right person?

Best regards ***** ***** hope that you find you are able to rate my answer with positive feedback as that is the only way I get paid from the website otherwise they keep it all. If this happened today you might want to wait until tomorrow before leaving feedback as I can only guess how upset you are after going through this

Do note that after leaving positive feedback you are welcome to reply here with any follow up questions you may have for as long as needed for free.

Expert:  RONB-ESQ replied 1 year ago.

Note I am signing off for the night I will be back online after 330 PM CST tomorrow and will respond to any of your replies at that time.

Regards,

Ron