When is a rhetorical question not a rhetorical question?

I watched Jay Leno tonight. Monday is Headline night, where Jay offers goofy headlines, stories, ads, etc. that have been sent in by alert readers. One of Jay's favourite categories is the "crime blotter" entries about bumbling criminals. Apparently, one such brain-dead moron was returning from an overseas trip, with a stash of illegal drugs among his possessions. As is customary on such a trip, the passengers were provided with Customs and Immigration forms while still enroute, to help them get through the customs process more efficiently. One of the questions on the form was: Are you transporting any illegal drugs or contraband? - a question that our intrepid would-be criminal answered truthfully.

So here's my question. Upon landing, could this person be arrested for smuggling? Think about it. Smuggling is a crime where someone transports goods over a border without properly declaring the goods. Since this person did not hide what he was doing, I don't think smuggling would be an appropriate charge. Perhaps there are still charges such as trafficking or simple possession that could be levied. But smuggling? I don't think so.

And another thing... whoever it was that decided such a question should be placed on the form in the first place... I wonder if he's getting the last laugh at all his colleagues that insisted no-one would ever be caught by that question!