Skip to comments.Must See Video: “I Don’t Need To Stop at a Checkpoint to Prove Who I Am Because This Is America”
Posted on 07/11/2012 2:10:46 PM PDT by JohnKinAK
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
-The Fourth Amendment to the United States Constitution
With local, state and DHS checkpoints randomly popping up all over America many of our citizens believe that we must comply with what more often than not amounts to unlawful requests and orders from law enforcement officials.
While driving through California, Steven Anderson came upon three such checkpoints and he chose not to play ball with officers who asked him, among other things, to prove his citizenship, prove his identity and pull over for further inspection and questioning.
When asked whether he was a citizen Andersons immediate response was, thats my business. When advised that it was the officers job to ask the question, Anderson calmly responds by saying, I dont have to answer you, because I have rights as an American. The law enforcement official courteously asks Mr. Anderson to do him a favor and pull over for further questioning, no doubt expecting Anderson to comply. But not today, as Anderson patently refuses to do so per his Fourth Amendment Constitutional protections. He subsequently makes his own request, saying to the officer, no thanks, Id like to just go on my way.
All of it was recorded on a digital camera in Andersons car and out of view of officers.
What youll see below is a crash course in exercising your Constitutional rights when faced with the threat of detention, interrogation and random searches by Federal or local law enforcement officials. You wont see this one in mainstream media, and its something they certainly dont teach in college:
Anderson: Is this Nazi Germany now, that I have to show my papers?
Officer: Its a simple yes or no. I need an answer or we can detain you until we figure out whether youre a U.S. citizen.
Anderson: Well, you know whats more simple is the fact that my freedom is a little more important than you seem to think. Seting up checkpoints where people have to prove that theyre a citizen is not something that America is supposed to be about. So, Im not sure if you understand that.
Supervisor enters scene: Grunt
Supervisor: Just pull up over there (points to line of detained cars)
Anderson: No, thank you I want to go free on my way. Here I am just going about my own business and I dont need to stop at a checkpoint to prove who I am because this is America. Correct me if Im wrong did I stumble into Mexico or is this still the United States?
Supervisor: This is the United States.
Anderson: Therefore, I should have the freedom to travel unmolested, because Im in America here.
Supervisor: Ok, go ahead and go.
Score one for liberty and the US Constitution.
It really is that simple.
Sure, some officers will overstep their bounds in an attempt to intimidate and instill fear, but in this case cooler heads prevailed and the officer in charge understood that Mr. Anderson was on the right side of the law, and that their requests for him pulling over and showing identification at a random checkpoint were nothing more than requests, as no such mandate exists without probable cause that criminal activity is taking place.
Mr. Anderson stood up for his rights his own individual rights. To be free and to enjoy the liberties reserved and protected for the people by the Constitution of the United States it falls upon each of us, as individuals, to ensure the rule of law.
On another day Mr. Anderson may have been detained, perhaps even arrested (unlawfully).
But today in America freedom prevailed.
Fishing for sheeple — shame should be upon those occifers.
Well, this only applies to “the people” the citizens of the United States...not the entire universe of riff-raff from all the turd-world hell holes in the world.
The guy speaks perfect English, is dressed like every other American male out there, and still these idiots demand to see his papers in order to determine if he’s a citizen??? Give me a break.
And it should be obvious given a little USA attitude and the total lack of a foreign accent.
For your “entertainment”...
"What probable cause to you believe I have committed?"
"I will not make any statements without my attorney present".
"Do you have a search or an arrest warrant?" No?"
"Am I free to continue my lawful journey?" Anyways, I'd be a little more diplomatic. He hit all the bases, just messily and putting himself at risk for POP (Pissing off Police). Good job though standing up to checkpoints though.
When I was a teen, my mother got flagged into a highway rest stop. Some college students were doing a highway survey, accompanied by the highway patrol. Boy did they get an earful!
Holy cow - I love this. Thank God some have the spine to stand up and be heard.
Border checks on highways in the vicinity of the Mexican border are a legitimate means of stemming illegal immigration — an issue that we should all be deeply concerned about and willing to assist with.
I can remember back to 1970 that this practice was in effect in New Mexico and South Texas, so it’s not a new phenomenon or a recent assault on liberty.
Too many (politicians, DHS) believe that the 4th Amendment only applies to them. Everyone else must pay.
Ya know, they probably were hassling some WASPs just in order to show that hey, they aren’t PROFILING. But even they could see the BS in it, and just let the fellow go rather than have a public stink raised that could compromise the larger project.
Things germane to driving on public highways — a driver’s license, insurance if required by state, current tags, auto registration if required by state, maybe a whiff of your breath with one of those flashlight analyzers — and that should be IT unless you happen to match someone they got a BOLO for. Citizen? Not even Arizona was asking to do that unless you were booked.
The irony would be that if he WERE an illegal alien, Obama’s regime wouldn’t do anything to him. Illegals would be waved through while the papers of citizens are riffled, getting tickets for expired insurance or insufficient documentation.
Citizens and taxpayers have fewer rights and protections than those here illegally, either taking our jobs or tax money.
Officer: “I’m just doing my job here.”
Response: “I didn’t know that the Nuremberg Defense was valid in the USA.”
I agree with the guy but I have to ask some questions. I am also tired of having my rights that are due to me as a citizen trampled on and being treated just like any common criminal or law violator? This is a forum for discussion isn’t it?
How do we propose that we round up illegals and get them out of the country? If there is no right to ask if people are here legally how to we prevent illegals from using our own laws to violate us?
Is there some way that we are allowed to find out if people are in our country illegally or not? Am I correct that if the LEOs have some kind of probable cause that they could ask for identification?
I’m trying to understand how we can have our laws enforced and our rights protected at the same time. I don’t want anyone here who shouldn’t be here.
How Many Checkpoints in One Morning?! Welcome to the Police State!
A guy tired of immigration interior checkpoints and their attendant traffic jams
Here’s a link to his blog: http://www.sanderson1611.blogspot.com/
Same guy as in 2009 Tazered and filed a lawsuit
“Good job though standing up to checkpoints though.”
What you wrote looks like something that can be printed a business card and handed out to cops.
You would be amazed at the number of people who appear to be true blue Americans also are schlepping illegals and contraband in the trunk of their car. Checkpoints do little to stem the tide and are generally a waste of resources since we have an open border and Homeland Security that won’t allow anything to be done with any illegals that may be found.
exactly! Checkpoints are a complete joke when we have DHS telling ICE to no longer cooperate with Arizona law enforcement, Obama giving amnesty to illegals, border checkpoints being shut down — seriously, what’s the freakin point of a checkpoint that does nothing to stop the problem. It’s the same process that TSA has implemented in airports. Ignore obvious solutions to a problem and inflict all sorts of inconvenience and humiliation on the 99% of the American population who are completely innocent.
Yeah. . .the nerve of the Border Patrol to try and catch illegals that jumped the fence and ran north.
Now, I don’t want to hear any fussing about the US being over-run with illegals, after all, once illegals jump the fence they are home free and must be left alone.
Could have been handled better, but this guy (among others like him), troll the checkpoints looking for a confrontation, a stop that doesn’t go exactly right.
“I dont have to answer you, because I have rights as an American.
It was then the Border Patrol Agent should have let him go, and most all would have, as the guy just admitted to being a citizen.
In the meantime, no fussing about illegals flooding the US, making their way north via the highways.
Part of the reason we have an open border is so that Americans will gladly do away with the 4th Amendment and so that all Americans can be treated as suspects, guilty until proven innocent.
That is the right question. Once they jump the fence they are home free? Just make it over the fence and you are good-to-go. Simple.
The solution is to build a better fence or to establish a Police State. Which do you prefer?
“I think I smell alcohol. (shrug) Get out of the car and keep your hands where I can see them.”
“hey probably were hassling some WASPs just in order to show that hey, they arent PROFILING.”
Exactly right. Can’t offend based on profiling so they offend everyone.
“The solution is to build a better fence or to establish a Police State. “
I wish they’d establish a police state 100 yards wide for the entire length of the border.
I'm a little waffle-y on the citizenship thing; but if that's what it takes to get rid of the other crap (including what the TSA does at airports), I am right there with resistance. I have had enough and I have nothing to lose.
If my retirement plan has to include a long time in prison, so be it.
Obviously building a better fence is part of the solution. However, getting here doesn’t mean you get off scot-free. Interior enforcement should be limited to legitimate contact LE has. Random checkpoints? NO. Pull someone over for speeding, then check? Yes. Respond to domestic dispute, or check on employment? Yes. Passing the guy on the sidewalk? No.
I got pulled over once only to be given a coupon for a free Big Mac for wearing my seatbelt (before they were mandatory) and driving the speed limit.
If I had been armed, there would have been a dead LEO right there. As it was, he got off and I got off with littering (throwing that B.S. on the ground) and then spitting on it.
He knew that they were only armed with beanbags.
Anything else will cause the Defense ID card to turn from Blue to Green again, earning the numnut questioner a severe butt chewing.
I’d have my attorney on the phone in under one minute and be out of there in about two minutes.
Are you a American citizen?
In one other Video about the same subject, the guy asked him “If that was a legal question” and was told to beat it!
I can remember back to 1970 that this practice was in effect in New Mexico and South Texas, so its not a new phenomenon or a recent assault on liberty.
Being willing to assist with efforts to stem illegal immigration doesn't equate with throwing away our freedom. The federal government has authorized themselves to set up roadblocks anywhere within 150 miles of the border. That covers most of the populated areas in the country, including much of Northern New England. And the roadblocks do nothing to curb illegal immigration, but they do infringe on the rights of citizens to travel freely without delay or intimidation.
What point is there in stopping everybody on Interstate 91 south of White River Junction in Vermont? The last time I looked there were hundreds of roads and dozens of towns between that location and the Canadian border. And when is the last time you heard of Canadians sneaking through Vermont for jobs in the United States?
If you think checkpoints are really a legitimate means to enforce the law, then citizens should also be able to establish them, since we too have a right to defend the constitution and law and order. But do you really think that would pass muster with the founders?
the guy errors in two ways
the key word is “unreasonable” searches
not ANY searches
and the history of jurisprudence on searches
says a warrant is not always required
again, depending on the purpose and context and it’s reasonableness to that purpose in that context
the motorist’s mere refusal to show an I.D.
is not “reasonable proof” that he is the citizen he claims to be
the motorists mere refusal to show an I.D.
is not reasonable proof that he is the citizen he claims to be
So in your world the burden is on the citizen to prove he/she is not breaking a law anytime an agent of the Government ask? In other words, We’re all reasonably considered law breakers until proven innocent!
You know this was not at a border crossing, don’t you?
Bravo for him standing up for the right!!!
Local news in Houston tonight had a brief story about how wonderful it is now in Juarez - crime down, building up. Of course it is, all the criminals from the border have now moved to inland Texas.
Added to this is the news about Dewhurst removing the article from the Internet about his support of illegals. We are so screwed!
That's a great idea, I smell a business opportunity here!
By the way, I love the irony; at 25 seconds into the video he says. "I have rights as an American," sounds to me like he basically answered the question!
“So in your world the burden is on the citizen to prove he/she is not breaking a law anytime an agent of the Government ask?”
There is no claim that the driver has broken a law or because he’s broken a law must show an I.D.
He was given a simple request at a normal border activity of government (yes the states ARE sovereign still) = please show us an I.D., (so THAT WE WILL KNOW who you are, period); is not a claim that you have done anything; and being and knowing yourself to be innocent of any illegality, it is a very simple answer that says, “I am.........” as you can see by my “driver’s license, or ........., or ..........”
The only “burden” being asked is not a request to prove you did not commit a crime, but just to identify yourself.
The American jurisprudence on this has long held that that burden - in the context given - is not an “unreasonable” search and does not require a warrant.
Get over it. It is not an attempt to merely and arbitrarily - just because they want to use/abuse the power for no other purpose, but to prevent the citizen from engaging in the activity he/she is engaged in. No, it’s a border check point. Sovereign states have them. It is not an enfringement of a citizen’s Liberty.
Steve Anderson doesn't troll checkpoints. His work requires him to travel. You don't know Steve Anderson or have special knowledge to make such absurd and patently untrue assertions.
The federal government puts these 4th-Amendment-free kiosks throughout southern California and southern Arizona. When your time comes to be violated, maybe you'll "handle it better."
They could get rid of illegals if they wanted to in this country. By enforcing the law in workplaces and schools, we would take care of much of the problem. We could keep them from crossing the border if we wanted to as well.
I think these stops are fishing expeditions and they are not fishing for illegals.
Under your logic you should not have a problem with anyone conducting a checkpoint operation anywhere, since the "border check point" in many cases is 100 miles from the "border". So would it be OK as part of a political campaign to set up a checkpoint on the highway and ask everyone to support your candidate? Would that infringe on a citizen's Liberty?
No, its a border check point.
It was NOT a border checkpoint, it was an arbitrary road block on a highway no where near an international border. If you want to live in a North Korean like country fine, I refuse and will fight like hell not to be a SUBJECT of an Imperial Federal Government.
The legitimacy, the “reasonableness” is founded on, and passes judicial muster on the purpose of the activity and the reasonableness of the manner it is being performed, not the type of activity or the location.
It is not a given that “any ole check point will do”, and a check point does not pass or fail muster on such a notion.
If some politicians attempted to use the legitimacy of check points as a type of activity generally speaking, in order to fulfill some political purpose of theirs, that purpose - not the type of activity, would nullify the “reasonableness” of it and nullify it’s legal legitimacy.
The Constitutional criteria is “unreasonable searches and seizures” not “prohibition of all searches and seizures of any kind”; with “unreasonable” giving historical practice and the legislatures room to weigh in when and where needed, and from both those sources the courts have been guided.
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