Annoying the TSA, Part II: Fake Contraband Part I: Can you legally have an (unloaded) black powder revolver in your carry-on luggage? Say that a hypothetical person (&quot;Juan Morales&quot;) has a large clear plastic bag of talcum powder in his checked luggage. Within the talcum powder is several thousands of dollars' worth of delicate jewelry, which it is cushioning and protecting from moisture. Due to a set of bizarre coincidences, the bag of mysterious white powder has been: In front of a (legal) machine gun during a lengthy range day Liberally misted with Lanacane On a dying nursing home patient's nightstand while she took nebulized morphine In a friend's bathroom while he (the friend) was hotboxing marijuana in a state where it's legal In the same bathroom while a recently imprisoned former friend was hotboxing crack cocaine (Mr. Morales did not participate) As a result, it sets off every alarm possible, causing the TSA to arrest him and confiscate his stuff. Can Mr. Morales sue them for anything? After all, he was arrested despite technically not doing anything wrong, and has lost the legally-owned jewelry that the talcum powder was keeping dry and protected. EDIT: I forgot to mention that the reason he was going on the flight was to deliver the jewelry to a client (he's a jeweler). As a result of the delay, he lost the client's business. Note: If any of the bizarre coincidences are illegal, ignore them. My point is that there's a false-positive for contraband that causes the TSA to wrongfully arrest him and confiscate $K of his property DISCLAIMER: In case you didn't figure it out already from the ridiculousness of the scenario, I have absolutely no intention of ever doing this. This is purely a hypothetical &quot;what-if&quot; question.
he was arrested despite technically not doing anything wrong He was arrested because there was probable cause to believe that he was involved in the commission of a felony. The arrest was legal even if he was innocent. He has no basis for a successful lawsuit.
He does not need to be mirandized unless he is being arrested and the officers want to use things he will say as evidence. The officers in your situation seemed content to let the matter be handled through the school. If they had wanted to arrest him, they could easily have done so as soon as he pulled out the joint and handed it to the director. The "write a confession or you will leave in handcuffs" pretty much invalidates it in a court of law. Even if it weren't excluded, his testimony as to why he wrote it looks pretty bad in front of a jury. That said, I doubt that's where this case is headed. My understanding is this: The school director and two police officers caught your son smoking marijuana on school property. The punishment they sought is that he admit culpability and that he continue school online, and (presumably) on probation. In the grand scheme of how these cases could go, this isn't that bad. There are some procedural irregularities you could press, but there's enough evidence without the irregularities that work against your son. Having said that, sign nothing without consulting a lawyer. But it could be worse.
If I attempt to carry such a product into the country, but then honestly declare it at the border (I would like to declare 10 kg of marijuana, sir), can I be prosecuted for attempted smuggling? This depends on the jurisdiction and its definition of "smuggling." In the US, as an example, smuggling implies fraud or "clandestine" action. Openly bringing a forbidden item and declaring it would not meet the definition of this crime. Or will I simply be faced with the choice of turning around or forfeiting my goods and continue without trouble? Depending on the product in question, probably not. In the marijuana example, even if you are not guilty of smuggling, you are guilty of possessing and transporting a controlled substance (see 21 USC subchapter I). You could also be charged with intent to distribute, which would likely be a more serious crime. You could also be charged under the laws of the state in which the port of entry is located. With regard to the methyl alcohol example, I do not know whether bringing it to the customs desk at a port of entry would constitute a crime.
When you refer to customs, that necessarily denotes travel to a foreign county, such that each county will have their own laws, rules, and regulations that govern these issues. It is more than likely that if you refuse to answer the questions of customs officials in ANY country, you will be denied admittance. The same is true if you refuse or balk at being searched (personally or your possessions), and keep in mind that this is without reasonable suspicion or probable cause. The best thing to do is to answer the questions honestly and accurately, but also as narrowly as possible to completely answer. Trying to argue with them will only send up red flags and you will be there longer. Remember it is a privilege, not a right, to enter a sovereign nation of which you are not a citizen. For example, in the U.S., customs reserves the right to detain for questioning, search you, your car, your children, your bags, packages, purse/wallet, or any other travel item with full legal authority to do sol they can even examine your electronics (content and hardware). You place your stuff on the exam station and open it. (After the exam is completed, you will be asked to repack and close the baggage.) If you are unhappy with the way you are being treated, you do have the right to ask to speak to a CBP supervisor, but I cannot see anything good coming of it, unless they were super rude without provocation or broke something of value. The authority to delay and speak with travelers derives from the United States Code (section citations below) enables CBP to prevent the entry of persons who are inadmissible under the Immigration and Nationality Act, and to prevent the smuggling of merchandise, including narcotics and other contraband items, into the United States. Speaking with travelers and examining merchandise coming into or leaving the United States is just one of the mechanisms used to identify illegal or prohibited items, and to determine whether or not someone is trying to enter the U.S. for unlawful or fraudulent purposes. Unless exempt by diplomatic status, all travelers entering the United States, including U.S. citizens, are subjected to routine Customs examinations. At times, people make the mistake of thinking their civil rights are being violated by being asked questions about their trip, personal background and history, etc. That is not the case. Supreme Court decisions have upheld the doctrine that CBP's search authority is unique and does not violate the fourth amendment's protection against unreasonable searches and seizures. U.S. Customs website has a detailed Q&amp;A section. Most modern countries do as well.
This article surveys the law, as of 2014. The answer is "yes or no, depending on which circuit". In US v. Chafin 423 F. App’x 342, the court decided that although the Second Amendment protects an individual's right to bear arms, it does not necessarily give rise to a corresponding right to sell a firearm drawing an analogy to US v. 12 200-Foot Reels of Super 8mm. Film, 413 U.S. 123 "the protected right to possess obscene material in the privacy of one's home does not give rise to a correlative right to have someone sell or give it to others". Likewise the 9th weighs in, in Montana Shooting Sports Association v. Holder, 727 F.3d 975: Heller said nothing about extending Second Amendment protection to firearm manufacturers or dealers. If anything, Heller recognized that firearms manufacturers and dealers are properly subject to regulation Contrarily, in the Northern Illinois district in Illinois Association of Firearms Retailers v. City of Chicago, the court finds in response to a ban on the sale of firearms in the city that. the right to keep and bear arms for self-defense under the Second Amendment. This right must also include the right to acquire a firearm...the ordinances are declared unconstitutional The same court in Kole v. Village of Norridge determined that the would-be operator of a gun store, thus has derivative standing to assert the subsidiary right to acquire arms on behalf of his customers both decisions relying on Ezell v. City of Chicago, 651 F.3d 684, where the city sought indirect means to encumber the exercise 2nd of Amendment rights (banning shooting ranges). The final answer will have to be made by SCOTUS, and so far there is nothing on the docket that could decide the matter. Instead, the question will be answered based on level of scrutiny for firearms regulations and whether " the government can establish that the challenged law regulates activity falling outside the scope of the right as originally understood"; and if it is not outside the scope of the 2nd Amendment, "then there must be a second inquiry into the strength of the government’s justification for restricting or regulating the exercise of Second Amendment rights".
Many times. See pages 4 and onward here. The 11th circuit (which includes FL) recognizes sentencing manipulation but not sentencing entrapment. The one example from the 11th circuit in that document (US v. Ciszkowski, 492 F.3d 1264) was an unsuccessful claim of sentence manipulation, but it shows the analysis that goes into deciding these types of claims. They say: While our Circuit does not recognize sentencing entrapment as a viable defense, we do recognize the outrageous government conduct defense, and we have considered sentencing manipulation as a viable defense. ... Ciszkowski, however, has not met his burden of establishing that the government's conduct is sufficiently reprehensible to constitute sentencing factor manipulation. Government-created reverse sting operations are recognized and useful methods of law enforcement investigation. Sanchez, 138 F.3d at 1413. The fact that law enforcement may provide drugs or guns essential to a willing and predisposed offender does not necessarily constitute misconduct. We have previously declined to find that the government engaged in prohibited sentencing factor manipulation in other similar contexts.
Sure, but Qatar is not in the jurisdiction of the ECHR! For the ECHR to apply in a jurisdiction, Qatar would need to have signed it or be in the EU or at least have been in it. It never has been. In fact, not even Den Haque would have power over Qatar unless they allowed it to - and that court rules on matters of war crimes... Qatar does not guarantee the same rights you might be familiar with from most western countries. In fact, not even all western countries are the same. In America, you can use the Sieg Heil gesture, in Germany, you can end in jail for it.. Same for Propaganda materials.
Volokh commented on this. There is no 2nd Amendment issue, nor does federal law. It may be illegal in some states, depending on whether age is included in public accommodation anti-discrimination laws. For instance, Conn. Gen. Stat. §§46a-64 says (a) It shall be a discriminatory practice in violation of this section: (1) To deny any person within the jurisdiction of this state full and equal accommodations in any place of public accommodation, resort or amusement because of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, intellectual disability, mental disability or physical disability, including, but not limited to, blindness or deafness of the applicant, subject only to the conditions and limitations established by law and applicable alike to all persons; §46a-63 defines "public accommodation" (1) “Place of public accommodation, resort or amusement” means any establishment which caters or offers its services or facilities or goods to the general public, including, but not limited to, any commercial property or building lot, on which it is intended that a commercial building will be constructed or offered for sale or rent Public accomodation laws are how states deal with discrimination in sales, such as selling wedding cakes Illinois 775 ILCS 5/1-103 likewise prohibits age discrimination in public accomodations, but defines "age" as "the chronological age of a person who is at least 40 years old". Connecticut used to define "age" as "any age between forty and sixty-five, inclusive", but that clause was deleted. Lousiana also prohibits age discrimination (La. Rev. Stat. §51:2247). Their statement about age likewise limits anti-discrimination protection to "individuals who are at least forty years of age". Maryland in MD State Govt Code § 20-304 also bans age discrimination, and does not redefine "age" or limit the scope of those ages that are protected. So while it is generally legal to refuse to sell goods to the young (and sometimes mandatory, e.g. alcohol, firearms, tobacco), there are a few states where such a policy would violate state anti-discrimination laws. There can also be city laws (Seattle has very broad anti-discrimination laws), but they exclude age from the Public Accommodation subset of discrimination.