OT - Border incident, legal question with video
http://www.youtube.com/watch?v=BUZZGj6sqH8
In the above video, a girl declines to move her car at a checkpoint. The border patrol agent insists she moves without giving her a good reason. I know there are some of you in states that border Mexico. How often does this sort questioning happen? What happens when the driver does move to an area for further questioning? Here in NY, we certainly have check points on the highway. They certainly are a dragnet for municipality revenue. Since I have never been stopped or at a border patrol check point, I wonder how they compare to that here in NY.
Thanks,
mark
There is something of a "movement" to thus respond
by Hobie 
, Shenandoah Valley of Virginia, Tuesday, December 17, 2013, 18:44 (3937 days ago) @ Mark
at checkpoints in the belief that it is an act supporting individual liberty. Those adherents are carrying cameras of some sort to document such exchanges and posting them in various and sundry places in an attempt to publicize the "movement". It is Alinsky, again...
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Sincerely,
Hobie
There is something of a "movement" to thus respond
Yep...these are the same folks that a generation ago called all LEOs pigs. They are all looking for confrontation with their video cams rolling so they can post stupid stuff like this on You Tube.
As a border man, I have had lots of dealing with the Border Patrol over the years and 99.9% of it has been positive. I understand why they are here and am damn glad they are. I don't consider the checkpoints an infringement of my rights or freedom. Only people who don't understand the reality of life down here or nuts think that that it is.
There is something of a "movement" to thus respond
The border crossings are subject to search for any reason the inspectors want. There is no 4th amendment protections at the borders of the country. The inspectors can search, cars, any vehicles, including electronic devices (Smart Phones) as well as persons and any property with them. This was decided years back by the U.S. Supreme court. Also when entering prison property the same rule applies as well. We had several cases of contractors failing to notify security of their intent and entered without proper authorization. Should have pulled the girl from the car, seized her cell phone, searched her and her car. Take about a doing that. She has no recourse on probable cause or lack of warrant. Wishing everyone there a good day and Merry Christmas.
P.S. The border extends for this purpose two hundred miles into the U.S. Florida the entire state is subject this due to the ocean and the Gulf. Just saying
There is something of a "movement" to thus respond
That is not entirely true. There is no requirement for probably cause or a warrant to search anybody for anything who cross the border into this country. This apply only actual crossing into the United States at a port of entry or seen by an Immigration Inspector. This right to search extends to anywhere in the United States as long as the person or vehicle is within the sight of the inspectors. Once they lose sight of the person or vehicle this right ends. This has been the law and has been litigated numerous times since the Washington administration.
The case that bought the extended right of border search to SCOTUS was when some Feds followed a load of dope from the port of entry all the way to Chicago waiting for it be transferred. After over a week they pounced and had no warrant and that was the defense of the doper. The dopers contended the Feds violated the 4th Amendment. SCOTUS rules the right of border search extends anywhere is the US as long as the person or vehicle is not our of the sight of the agents. This was back in the 60's.
The inland Immigration checkpoints do not have such an unqualified right to border search. This was litigated back in the 70's and SOCTUS so ruled. At such an inspection station, it requires either permission to search or a warrant based on probably cause.
The laws regarding search at the border and at the inland checkpoint is not the same and anybody who says different does not know the law. That 200 miles stuff is bogus, as most checkpoints are located much closer to the border than 200 miles. The one I go through coming back from the shooting range is less than one miles from the Rio Grande River as the crow flys. The others in my area are located South of Sarita on Hwy 77 and South of Falfurrias on Hwy 281 and both are closer than 200 miles to the border.
I hate to be so emphatic, but I do know this stuff, teach this stuff and can furnish US Supreme Court cases to prove it, if push comes to shove. I can and have been wrong on many things in my life, but this is not one of them.
"The inland Immigration checkpoints do not have such an
by Rob Leahy , Prescott, Arizona, Friday, December 20, 2013, 15:23 (3934 days ago) @ Charles
unqualified right to border search. This was litigated back in the 70's and SOCTUS so ruled. At such an inspection station, it requires either permission to search or a warrant based on probably cause." AND THAT sir, is the one that gets me mad. Catch em at the border, not on my doorstep!
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Of the Troops & For the Troops