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Old 03-04-2013, 03:25 PM
 
31,471 posts, read 14,559,147 times
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Quote:
Originally Posted by Roadking2003 View Post
If those laws violate the 4th amendment, they cannot be enforced.
Please show where they do then. If that were true then our country wouldn't even be allowed to have immigration laws according to your claims about the 4th Amendment.
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Old 03-04-2013, 05:06 PM
 
Location: California
2,477 posts, read 1,711,133 times
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Quote:
Originally Posted by Roadking2003 View Post
But the driver in the OP video did pull over.
So what. I was giving a scenario in regards to the comment I was referring to.
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Old 03-04-2013, 06:02 PM
 
Location: Jacurutu
5,302 posts, read 4,009,391 times
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Quote:
Originally Posted by Liquid Reigns View Post
It's your mere assumption that because of your "white face" they waved you through. CBP doesn't have to stop every vehicle at a temporary location. They don't have to interrogate every stop. Officers have broad discretion in the questions they ask, and who they single out for interrogation.

UNITED STATES v. BRIGNONI-PONCE, 422 U.S. 873 (1975)

Quote:
The Fourth Amendment held not to allow a roving patrol of the Border Patrol to stop a vehicle near the Mexican border and question its occupants about their citizenship and immigration status, when the only ground for suspicion is that the occupants appear to be of Mexican ancestry. Except at the border and its functional equivalents, patrolling officers may stop vehicles only if they are aware of specific articulable facts, together with rational inferences therefrom, reasonably warranting suspicion that the vehicles contain aliens who may be illegally in the country. Pp. 878-887.
So much for your assumption.
Another twist to the Brignoni-Ponce ruling is that a "permanent" Border Patrol checkpoint is the "functional equivalent" of a Port of Entry at the border (so discussing it as being relevant to a "permanent" checkpoint is not applicable). "Temporary" checkpoints are to the same constraints as a "roving patrol" in Brignoni-Ponce. Terri Bressi (under the moniker "Checkpoint USA") contests a "temporary" checkpoint set up in Arizona, not a "permanent" location.

United States v. Martinez-Fuerte is much more relevant to "permanent" Border Patrol checkpoints...
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Old 03-04-2013, 06:05 PM
 
Location: California
2,477 posts, read 1,711,133 times
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Quote:
Originally Posted by IBMMuseum View Post
Another twist to the Brignoni-Ponce ruling is that a "permanent" Border Patrol checkpoint is the "functional equivalent" of a Port of Entry at the border (so discussing it as being relevant to a "permanent" checkpoint is not applicable). "Temporary" checkpoints are to the same constraints as a "roving patrol". Terri Bressi (under the moniker "Checkpoint USA") was contesting a "temporary" checkpoint set up in Arizona.

United States v. Martinez-Fuerte is much more relevant to "permanent" Border Patrol checkpoints...
Not Bressi again. Anything he attempted to do to BP was dismissed, it ended up being the local PD that was the issue.
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Old 03-04-2013, 06:16 PM
 
Location: Jacurutu
5,302 posts, read 4,009,391 times
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Quote:
Originally Posted by Roadking2003 View Post
But that didn't happen in the OP video. The drivers did stop.
The driver stopped because Federal officers are at a location in a lane of travel directing drivers to stop. He refused to be directed to "secondary" (where more through search can be done at a "permanent" checkpoint). They allowed him to continue.
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Old 03-04-2013, 06:26 PM
 
Location: Lower east side of Toronto
10,589 posts, read 10,315,657 times
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The guy has a lot of balls...perhaps they are just a bit too big. I wish I could find the mute button...it gets irritating..The guy sounds as American as you can get. Give it time and he will have a problem..try this in a third world nation and they will find you up side down in a barrel of acid. The poor boarder guys are just doing their jobs...they are ordinary people...as if this guy is going to re-train the world...Maybe he should go to Washington and talk to their bosses...instead of picking on the poor servants and henchpersons?
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Old 03-04-2013, 06:26 PM
 
Location: Jacurutu
5,302 posts, read 4,009,391 times
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Quote:
Originally Posted by Liquid Reigns View Post
Not Bressi again. Anything he attempted to do to BP was dismissed, it ended up being the local PD that was the issue.
Which the Border Patrol were working in coordination with. He was charged with blocking a lane of traffic, idiotic on the aspect that the Border Patrol are the ones stopping vehicles. Ultimately Terri Bressi received a settlement of $210,000.00 in the case: https://www.checkpointusa.org/blog/i...012/06/09/p255
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Old 03-04-2013, 06:33 PM
 
Location: California
2,477 posts, read 1,711,133 times
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Quote:
Originally Posted by IBMMuseum View Post
Which the Border Patrol were working in coordination with. He was charged with blocking a lane of traffic, idiotic on the aspect that the Border Patrol are the ones stopping vehicles. Ultimately Terri Bressi received a settlement of $210,000.00 in the case: https://www.checkpointusa.org/blog/i...012/06/09/p255
A case against Tohono O'odham PD, not the USBP.
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Old 03-04-2013, 08:02 PM
 
Location: Jacurutu
5,302 posts, read 4,009,391 times
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Bressi is featured among the segments in the OP video, but I want to draw the distinction between "permanent" and "temporary" Border Patrol checkpoints. Despite being run by the same agency, for the same enforcement, the two types are different in nature. United States v. Martinez-Fuerte is for "permanent" checkpoints, United States v. Brignoni-Ponce is for "temporary" checkpoints.
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Old 03-05-2013, 09:10 AM
 
Location: On a Long Island in NY
7,624 posts, read 8,115,516 times
Reputation: 6949
Quote:
Originally Posted by 70Ford View Post

Top DHS checkpoint refusals - YouTube

I couldn't watch that for more than a few seconds. Think about it, though. It's kind of surreal. Having crossed many borders in my life, I've never thought about giving the agents grief. You do that in some places in the world, and I bet you would be put under the jail.
Only once have I ever given a Border Patrol agent grief and that was at a roadside checkpoint in northwestern Puerto Rico ... the agent asked me if I was a US citizen in Spanish and I responded with "What do you think?" - in English. Bear in mind that I am an obvious Anglo, there is no way they could have confused me with an illegal immigrant from the Dominican Republic. He then told me to "go away, go to the beach or something and don't mouth off to a Federal agent ever again".

I admit I was an ass but seriously, if you want to find illegal immigrants from the Dominican Republic you might want to start by questioning people who actually look HISPANIC. It irks me that whenever I go to Puerto Rico instead of starting with the obvious they instead choose to annoy tourists from the mainland.
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