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 Anderson’s immediate response was, “that’s my business.” When advised that it was the officer’s job to ask the question, Anderson calmly responds by saying, “I don’t 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, I’d like to just go on my way.”
All of it was recorded on a digital camera in Anderson’s car and out of view of officers.
What you’ll 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 won’t see this one in mainstream media, and it’s something they certainly don’t teach in college:
Anderson: Is this Nazi Germany now, that I have to show my papers?
Officer: It’s a simple yes or no. I need an answer or we can detain you until we figure out whether you’re a U.S. citizen.
Anderson: Well, you know what’s 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 they’re a citizen is not something that America is supposed to be about. So, I’m not sure if you understand that.
Supervisor enters scene: Grunt
Anderson: 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 don’t need to stop at a checkpoint to prove who I am because this is America. Correct me if I’m 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 I’m in America here.
(pause)
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.
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 don’t 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 aren’t 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.
MF'ers!.
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 it’s 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
and
the motorist’s mere refusal to show an I.D.
is not “reasonable proof” that he is the citizen he claims to be
the motorist’s 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!!!
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