Posted on 04/16/2009 12:43:26 PM PDT by the_Watchman
I told them I was a US citizen. I told them I was on a business trip. I told them I had no drugs or humans in the car. That wasn't enough. They wanted to search the car, and I invoked my 4th am...
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I agree that the situation would be different at the border, but he was not at the border. He was not “near” the border since he would have had to go through the city of Yuma to get to the border.
Is the Pastor’s church in favor of open borders? Looks like he was setting himself up in order to blast the BP.
These border stops are far inside the nation. They may be as much as 25 to 50 miles from the border. There was no probable cause. They refused to bring the dog back out for the suspect and the state highway patrol officer. That alone should tell you something.
These guys were out of control. Like I said, there are ways to effect arrest that don’t involve having to tazer the suspect or cut them up. These guys wanted to F this guy over so severely, that he would be an object less for any other person passing through the check-point.
I am one vicious son of a gun when it comes to illegal immigration. Don’t think I’m going soft here because I don’t believe in the check-point concept. I just also happen to believe that Citizens have rights. And this guy should not have been given the full court press once the dog passed on the car.
And these officer refusing to bring the dog back out, was an admission that the dog did pass on the vehicle.
You watch how quickly all the videos disappear here. It’s almost certain not one will survive.
“On what basis do you say the checkpoint was “illegal”?”
That’s what I’m trying to figure out. If the area is a known migration trail, it seems that it might be plausible to have a check point there.
Can any FReepers living down near the border shed some light on this?
He wasn't at "the border", you moron.
Learn to read.
SCOTUS has spoken on this issue. The 4th does not apply when crossing an international border into the US.
L
Are you brain damaged? Do you really think that anyone other than DU trolls are going to support or demand that the government disregard the constitution and physically assault citizens?
There shouldn’t be checkpoints inside the border. The Border Patrol is, IMHO, a largely good outfit with a tough job, but they have no business doing these checkpoints inside the borders, merely between two U.S. cities.
AT the border, where these guys are trained to operate, there IS no 4th amendment. There is no requirement for probable cause for a search AT THE BORDER. They’re the wrong people to be doing law enforcement anywhere else.
They should be at the borders where they are badly needed. Maybe a case like this (and this guy has an excellent case) could put a stop to this, if he pursues it.
True... but this guy hadn't crossed the border. Makes a big difference.
Someone crossing an international border into the USA is a valid State REASON for searching.
Is this guy trying to agitate for no border inspections as a sort of Huckabee ‘it would be un-Christian to deny them the full rights and benefits of living in the USA’ ploy?
What an idiotic tool.
“Don't taze me bro!”
What year did you fail the GED?
I'm pretty sure these border agents had a vendetta against him because of this:
Unless you have a different map I think the area north of Yuma is still "in this country".
As others have pointed out, this was not a border crossing.
Sure does. Then the correct response is "Do you have a Warrant, Officer?"
L
I don’t really agree. The borders are sieves at the moment. They need to be able to have checkpoints on this side of the border for that reason.
I don’t excuse the border patrol agents if they physically abused him, but I suspect from this account that he behaved stupidly and angered them for that reason.
If the borders WERE properly guarded, and if there weren’t millions of illegal aliens on the wrong side, many of them gang members and drug smugglers, this sort of thing wouldn’t be necessary. But in the circumstances, I don’t see what other choice there is.
Are you saying that if he's a pastor, he shouldn't be treated like other citizens?
If he had nothing to hide why did he challenge the BP agents with the 4th Amendment.
Maybe for the same reason most people wouldn't let police search their house without a warrant... he was just trying to keep one of the last rights 'we the people' still have.
Here’s a great idea. Cross the border, Load up your truck with paying illegals come back to the US. If you get stopped, invoke the 4th and drive on.
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