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Thread: Border Patrol Checkpoint Refusal

  1. #1
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    Border Patrol Checkpoint Refusal




    Notice at at the 6:10 mark the Border Nazi reads the procedure for refusal to go to "secondary". He says that you must remain in place and they give themselves the right injure you and damage your property, he says nothing about being arrested. That's because they can't arrest you and they know it. Its simply just intimidation so that you voluntarily give up your rights at security theater. No probable cause to stop you and detention without suspicion of a crime, these checkpoints are unconstitutional.
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    I didn't watch the video. I don't need to watch it to know the difference between being "arrested" and being "detained." And since I'm the first person to respond, I'm guessing everyone else does too.

    You ever get a speeding ticket? When the cop pulled you over, were you under arrest?

    If you ever happen to go through a Border Patrol Checkpoint, I suggest you put your theory to the test. You should challenge the Nazi. After all, he can't arrest you.

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    Maybe you should watch the video.


    Speeding is probable cause to stop you and you are being detained. They could arrest you but the ticket is a courtesy. That's not what we are talking about here.
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    Quote Originally Posted by NY The Vampire State View Post
    Maybe you should watch the video.


    Speeding is probable cause to stop you and you are being detained. They could arrest you but the ticket is a courtesy. That's not what we are talking about here.
    I stopped watching the video about 30 seconds in after the kids said "its my business". It wasn't just a month ago that people were slamming the Mike Browns and the Eric Garners of the world for not respecting a officer when he instructs you to do something.

    I don't know what happened to this kid but he probably deserved it for being a punk. Or should I say "thug"?

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    These checkpoints are not unconstitutional

    U.S. Supreme Court

    United States v. Martinez-Fuerte, 428 U.S. 543 (1976)

    United States v. Martinez-Fuerte

    No. 74-1560

    Argued April 26, 1976

    Decided July 6, 1976*

    428 U.S. 543


    CERTIORARI TO THE UNITED STATES COURT OF APPEALS

    FOR THE NINTH CIRCUIT

    Syllabus

    1. The Border Patrol's routine stopping of a vehicle at a permanent checkpoint located on a major highway away from the Mexican border for brief questioning of the vehicle's occupants is consistent with the Fourth Amendment, and the stops and questioning may be made at reasonably located checkpoints in the absence of any individualized suspicion that the particular vehicle contains illegal aliens. Pp. 428 U. S. 556-564.

    (a) To require that such stops always be based on reasonable suspicion would be impractical because the flow of traffic tends to be too heavy to allow the particularized study of a given car necessary to identify it as a possible carrier of illegal aliens. Such a requirement also would largely eliminate any deterrent to the conduct of well disguised smuggling operations, even though smugglers are known to use these highways regularly. Pp. 428 U. S. 556-557.

    (b) While the need to make routine checkpoint stops is great, the consequent intrusion on Fourth Amendment interests is quite limited, the interference with legitimate traffic being minimal and checkpoint operations involving less discretionary enforcement activity than roving patrol stops. Pp. 428 U. S. 557-560.

    (c) Under the circumstances of these checkpoint stops, which do not involve searches, the Government or public interest in making such stops outweighs the constitutionally protected interest of the private citizen. Pp. 428 U. S. 560-562.

    (d) With respect to the checkpoint involved in No 74-1560, it is constitutional to refer motorists selectively to a secondary inspection area for limited inquiry on the basis of criteria that would not sustain a roving patrol stop, since the intrusion is sufficiently minimal that no particularized reason need exist to justify it. Pp. 428 U. S. 563-564.

    2. Operation of a fixed checkpoint need not be authorized in advance by a judicial warrant. Camara v. Municipal Court, 387

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    Quote Originally Posted by nogods View Post
    These checkpoints are not unconstitutional
    There are a lot of people that argue against that. We know the Supreme Court is not always the best group of decision makers. Especially when it comes to protecting peoples rights.
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    Quote Originally Posted by NY The Vampire State View Post
    There are a lot of people that argue against that. We know the Supreme Court is not always the best group of decision makers. Especially when it comes to protecting peoples rights.
    There are a lot of people that argue that drinking doesn't effect their ability to operate a vehicle.

    I guess its okays to act like a little **** to a police officer if its for a reason you agree with.

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    Quote Originally Posted by NY The Vampire State View Post
    There are a lot of people that argue against that. We know the Supreme Court is not always the best group of decision makers. Especially when it comes to protecting peoples rights.
    But they are the group that this Constitutional Republic empowers to make its civil and legal decisions. You are not against the Constitution, are you??!?




    b.b.

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    Quote Originally Posted by Jeff View Post
    There are a lot of people that argue that drinking doesn't effect their ability to operate a vehicle.

    I guess its okays to act like a little **** to a police officer if its for a reason you agree with.
    Jeff my friend, there is a clear line between drinking and driving and taking away Constitutional Rights. If law enforcement has probable cause to stop someone for DWI by all means do it. If there is no probable cause for stopping someone, our Constitution says it can't be done. Not for inland border "security" or sobriety checkpoints. Exercising ones rights is not acting like a little ****.
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    you have no rights, unless you exercise those rights.

    With that said, I would love to know how our military, protects our rights at home? its a catch phrase often used by people to 'support' our military. However how is devestating another country with out a declaration of war by congress, protecting our individual rights at home?

    For instance, after 9/11 people were told that these 'terrorists' hate america because of our freedoms.. Really? so the Govt's response to that was not to broaden everyones freedoms, but instead to remove even more freedoms and rights from the people.
    Willful ignorance is the downfall of every major empire in history.

    "Political power grows out of the barrel of a gun." - Mao, 1938

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    Quote Originally Posted by NY The Vampire State View Post
    There are a lot of people that argue against that. We know the Supreme Court is not always the best group of decision makers. Especially when it comes to protecting peoples rights.
    To me this video just tries to do 2 things,One is to bait the border patrol into an argument and two is to try to make the guy trying not to answering the questions look somewhat intelligent. IMO,Neither worked. Gee,so you had to take 5 minutes out of your day to answer a couple of questions. Amazing how the camera gives you guts to stand your ground.

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    Quote Originally Posted by FMD View Post
    after 9/11 people were told that these 'terrorists' hate america because of our freedoms.. Really? so the Govt's response to that was not to broaden everyones freedoms, but instead to remove even more freedoms and rights from the people.
    What freedoms or rights have been removed?



    b.b.

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    Quote Originally Posted by FMD View Post
    you have no rights, unless you exercise those rights.

    With that said, I would love to know how our military, protects our rights at home? its a catch phrase often used by people to 'support' our military. However how is devestating another country with out a declaration of war by congress, protecting our individual rights at home?

    For instance, after 9/11 people were told that these 'terrorists' hate america because of our freedoms.. Really? so the Govt's response to that was not to broaden everyones freedoms, but instead to remove even more freedoms and rights from the people.
    Agreed!!

    Quote Originally Posted by BorderBob View Post
    What freedoms or rights have been removed?



    b.b.
    I'll refer you to The Patriot Act for starters


    Ok, the kid makes his point and it may be a valid point, however, you have to learn to pick and choose your battles. If all he said was that we was born in the US, he'd have been free to go right away, so in effect, he impeded his own ability to continue down the road for 10 minutes.
    Let me articulate this for you:
    "I'm not locked in here with them. They're locked in here with me!!"
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    Quote Originally Posted by HipKat View Post
    I'll refer you to The Patriot Act for starters
    That's not an answer.



    b.b.

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    Quote Originally Posted by BorderBob View Post
    That's not an answer.



    b.b.
    That's not an answer you like.


    Patriot Act is a BIG one.
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