Illegal Internal Immigration Checkpoint

CheckpointUSA Says:

Jan 5, 2009 - Agents have no authority to detain long enough to determine alienage away from the border or its functional equivalent.It works similar to sobriety checkpoints. Officers can ask individuals if they've been drinking but individuals have no legal obligation to answer. If individuals don't answer, the officer MUST wave them through UNLESS he/she has reason to believe the individual has been drinking independent of the non-response. And yes, I've documented this fact on my website as well.

CheckpointUSA Says:

Jan 5, 2009 - Yes - that's what it comes down to. Each and every checkpoint stop constitutes a seizure within the meaning of the 4th amendment. That means the courts have the authority to determine whether or not any particular stop and detention is reasonable. As such, agents who overstep their legitimate authority during a checkpoint stop are subject to civil lawsuits if the individual(s) illegally detained or searched for an extended period of time chooses to exercise their rights in this manner.

dlipp60430 Says:

Jan 5, 2009 - I agree, the agent must develop reasonable suspicion of illegal alienage or another crime in order to lenthen the detention time. Although the word "reasonable" pops up in the court language concerning length of detention. If someone refuses to answer or produce some kind of documentation, I would say that a longer period of time would be "reasonable" to investigate the scope of the seizure.

dlipp60430 Says:

Jan 5, 2009 - I'm not sure about the indivudual lawsuits. If the agent is acting within the scope of his or her authority as determined by the U.S. Attorney, the government will place itself as the defendant rather than the agent.

CheckpointUSA Says:

Jan 5, 2009 - While some lower court rulings have allowed checkpoint cases to pivot on 'reasonable suspicion', SCOTUS relied upon 'probable cause' for extended detentions & SCOTUS cases obviously take precedent. Most cases never make it to SCOTUS however due to many factors. I believe SCOTUS settled on probable cause because the court was already giving aqents great latitude in allowing them to seize folks absent suspicion to begin with. What we're experiencing now is well past the slippery slope stage...

CheckpointUSA Says:

Jan 5, 2009 - If however you can prove the agent was knowingly acting outside of his or her authority, then the agent can be sued in his/her individual capacity.Take for instance a case where you can prove an agent knew the individual being detained was not in the country illegally but continued the detention anyway...be it just to be a jerk or to give other agents enough time to run a drug sniffing dog around the vehicle....

dlipp60430 Says:

Jan 5, 2009 - True, but it is still up to the U.S. Attorney to make that assessment.

dlipp60430 Says:

Jan 5, 2009 - Sooner or later another case will make it to the Supreme Court and some of the items that Martines-Fuerte failed to clarify will be settled.

CheckpointUSA Says:

Jan 5, 2009 - Since SCOTUS justified brief suspicionless seizures at permanent checkpoints near nexus points for border traffic in U.S. v Martinez-Fuerte (1976) based on a Border Patrol that was too small to effectively patrol the border, I'm curious to see how the court will view the significant increase in funding & manpower over the last 32 years.In 1976, there were only 1,200 agents with a few million dollar budget. Now it's 18,000 agents with a 3 billion dollar budget & force multiplying technology...

CheckpointUSA Says:

Jan 5, 2009 - A heads up to those of you who feel it's all right to question DHS agents seizing folks along public highways absent suspicion. YouTube user XA2I3RX recently left the following threat on one of my videos: "These fruitcakes are sooo annoying. This genius should probably do a little research and find out the cause of the interstate checkpoints. One of these days there will be an off-duty agent free and available to follow these fruits home for a little "Don't ever waste my time" payback."

Pafoofnik1 Says:

Jan 6, 2009 - dlipp60430: It looks like you are right, these are the same types of checkpoints.

waggoneer Says:

Jan 6, 2009 - I don't think the intent of "simple questioning" includes roadblocks on public highways. It is more for a cop walking a beat, and talking to people during investigations.

waggoneer Says:

Jan 6, 2009 - I wasn't interrogated. I was "forcefully questioned."

waggoneer Says:

Jan 6, 2009 - You can see from the video that the checkpoint is temporary. There was lots of tents and porta-potties.

Bigniko1969 Says:

Jan 6, 2009 - Another Jackass who thinks he knows Immigration law. Considering ALL the terrorists, murderers, rapists, etc Customs and Border Protection officers arrest every year...that jackass should be praising the officers.

AaronVanRosand Says:

Jan 7, 2009 - This country is becoming a police state. There's nowhere down in Europe where Immigration has checkpoints up to 100 miles off the border. And they got way more illegals over there. The 4th Amendment is a thing of the past. Interestingly enough, all the right wing freaks who support this abusive behavior with total disregard for the spirit of the Constitution are the same guys who invoke the 2nd Amendment when liberals try to pass gun control laws... double standards at its worst.

AaronVanRosand Says:

Jan 7, 2009 - Also, those gun people who claim liberals are snubbing the Constitution regarding guns, they didn't have any problem with the Patriot Act and the government eavesdropping on people's private conversations. As I said, weird realm that of the right-wingers.They claim they lack the resources to secure the border, so why are they stretching them out even more with these internal checkpoints so far inland? They should be concentrated at the border... "Border" Patrol, you know fellas...

AaronVanRosand Says:

Jan 7, 2009 - Pus, I find very disturbing the fact that these officers engage in a tit-for-tat situation. The guy piss them off, and they decide to abuse their authority by messing up with americans citizens and trying to rile him up in return. Childish misuse of their legal authority. The officers know very well these guys are americans, this display of authority against american citizens is downright disgusting.

7514328 Says:

Jan 8, 2009 - CheckpointUSA. These check points need to be turned around facing North to intercept stolen u.s property, guns, gangs, fleeing felons, undeclared currency and child abductions destined to Mexico. 22USC401, 22USC2778, 31USC5316 and 31USC5317. Instead, we are appeasing Mexico by questioning the citizenship status of American Citizens in their own country while illegal aliens are returning to their own country with stolen property. Border Customs Officer 10 years. Its called OUTBOUND OPERATIONS.

7514328 Says:

Jan 8, 2009 - You stand correct. However, those checkpoints need to face north to intercept stolen cars, fleeing felons, guns and child abductions going South.Many illegal aliens drive back south to Mexico with stolen U.S property,child abductions,guns and fleeing felons.Not facing SOUTH questioning Americans who are already in thier country. The border patrol needs to face North. Wasting time questioning americans about their citizenship while america is plundered by Mexicans. I am a 10 year border officer.

whereismikecam Says:

Jan 8, 2009 - Right or wrong. On the side of the road is no where to be fighting about this. The officer has a job to do. I'm sure this matter has come up in court somehwere. This kid was being a jerk.

oneljohn Says:

Jan 8, 2009 - Real tuff guy. I'm sure your girlfriend in back was impressed. You sure as hell ain't no Marine either you pansi.The girl in back had more balls and class than you.

oneljohn Says:

Jan 8, 2009 - These guys are working in the hot sun trying to keep this country safe from guns/drugs/terrorism etc.MOST of America appreciates this work by law enforcement. You should be arrested for sedition. I hope the next terrorist high-jacked plane crashes into your house. Why don't you go into a gang infested area and film some illegal gun/drug sales and help the country instead of hurting it? That's what I thought,no balls. Try this with a city cop or highway patrolman and see what happens.

7514328 Says:

Jan 8, 2009 - whereismikecam: The officer is NOT DOING HIS JOB under the law. Border search authority is mandated under Title 19 section 1582 and 22USC401. As well as 31USC5316 and 22USC2778. Asking U.S Citizenship questions AT BORDER ONLY!!!The law is very specific about this. My right to be free from searches and interrogations is gauranteed. As a U.S Citizen I do not have to tell you anything and I will remain silent. This checkstation is not a border so I am protected under the law which protects me.

JNSBSB Says:

Jan 9, 2009 - I would've just gone Bandit Reynolds Style on that checkpoint!