Vehicle Damaged by a Drug Sniffing Dog at a Checkpoint

I told the border patrol agent at the immigration checkpoint I am a US citizen and provided my driver license. I refused to answer other questions. I did not consent to a search. They then brought a dog over to sniff on the outside of my vehicle. The dog ended up scratching my paint. The dog did not find anything. I have video of this and then the dog handler walked by the other agent who had my driver license to tell her I could be released. I told them that something hit my vehicle and I wanted to see what damage was done. They refused to let me out of my vehicle to see the damage. Now I have a door that is damaged. Not happy. I'm not sure what I should have done.

You can file an administrative claim with the agency and see what happens.
https://help.cbp.gov/app/answers/det...ry%2C-or-death

In terms of advice, is this worth pursuing? I was wondering about the success rate for a similar issue. Before I started in on this I just wanted to get a sense of how much work there would be on my end (which you provided) and then weigh that against the chances of anything coming from this.

And if the agency responds, what type of follow through would I be expected to take part in?

Also, any chance of reprisal? Has anyone done this and then feel like they were targeted afterward by law enforcement?

I don't want to start something I won't have the stomach to finish.

Quote:

---

Quoting Rock Knocker

---

Basic physics proclaims that the finish of your car is harder than a dogs nails.

---

How so? Dog (and don't I know also cat) nails can definitely scratch car paint. They can do a number on floors which are far harder than auto paint.

There is a little more than just the hardness that comes into play. The energy of the claw hitting the paint that damages the paint and allows the scratch to happen. And yes it also damages the claw somewhat.

Pennies are only about 3 on the Mohs scale and easily scratch point. As I said, I've got cat claw scratches on my car from my (fortunately now deceased) cat.
And in fact, you can scratch many paint finishes with your nails. Paint hardness is a lot of hype in the auto industry.

I always found that answering a couple of questions was preferable to the alternative (possible detention and, in this case, possible damage to the car). But, to each their own.

The other concern with this is that when I provided my ID and told them I was a US citizen there should at that point have been no reason to continue the stop. It is reasonable that should have concluded that I'm a US citizen. So I should have been free to go. Instead I'm detained for the dog sniff and they have the dog scratch my vehicle. They demanded that I put my vehicle in park. I voiced I did not consent to the search.

Whether or not you agree with the case law, the federal courts have found that a dog sniff of the perimeter of your car is not a "search". Whether or not it was reasonable under the circumstances for you to be detained for the purpose of having a dog sniff your vehicle is not something that we can analyze without a lot more information about the events and the basis that the officers might offer for the detention.

Quote:

---

Quoting Rock Knocker

---

Basic physics proclaims that the finish of your car is harder than a dogs nails.

---

What rubbish are you talking about? Live in the real world. I see aggressive alerting dogs damage car paint all the time. I had a hood on my work vehicle that had two perfect paw marks clawed into the paint. Take your science out in the real world and get some experience in things, such as this.

To the OP. File the administrative claim and ask them to reimburse you for the repair cost. (Ps, be less standoffish at those checkpoints. You are only asking for extra, paint damaging attention by refusing). You do have to understand that US citizens can be used to smuggle large quantities of drugs from the border.

FYI, my dad was a green card holder for almost 50 years, and I assure you that he had a drivers license. He was here legally, but he was not a US citizen. Stating "I'm a US citizen" and providing a drivers license is in no way proof that you actually are.

Not to mention that it's not even proof that one is here LEGALLY ... at least not in CA.

Yes a dog can scratch a vehicles clear-coat. I've seen a dog scratch deeply into the clear-coat, but never down into the paint itself. I'm not saying they can't get to the paint, but it would be tough.

Chances are that only the top layer of the clear-coat is scratched. A simple compound and wax should do the trick of restoring the finish to its original state.

Try the compound and wax and if that don't do the trick, follow through with the info that flyingron has provided.