Posted on 07/11/2012 2:10:46 PM PDT by JohnKinAK
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."
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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.
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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.
Amen, FRiend.
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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