British Expats

British Expats (https://britishexpats.com/forum/)
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-   -   Border Patrol (https://britishexpats.com/forum/trailer-park-96/border-patrol-878149/)

Steve_ Jun 14th 2016 2:35 pm

Re: Border Patrol
 

Originally Posted by katzgar (Post 11970866)
the amoubt of ignorance in this quote is huge, dont even know where to start.

Try.

dc koop Jun 14th 2016 5:28 pm

Re: Border Patrol
 

Originally Posted by Gozit (Post 11962101)
Bottom line if you are a US citizen those checkpoints are unconstitutional and you can refuse to answer any questions or be subject to unlawful detainment, for right or wrong. There was a youtube video of someone going through and basically telling them to sod off.

They are not unconstitutional. There is a border patrol checkpoint about two miles west of Tombstone Arizona and the Border Patrol survey all cars heading north from Tijuana on the 405. There must be a whole lot more along the southwest border

At Christmas time, New Years, Thanksgiving our local police set up DUI checkpoints. The drivers are asked the license number of their cars and they've caught car thieves this way. They don't ask for driver license or registration, just a glance inside the car and a wave on. I guess they have ways of knowing if someone has been on the sauce or not

dc koop Jun 14th 2016 5:40 pm

Re: Border Patrol
 

Originally Posted by Steve_ (Post 11963407)
My personal problem with checkpoints is that you could put checkpoints on any given road on the face of the planet and question people and turn up all kinds of illegal activity.

Why focus on the border with Mexico? Why not the border between say, California and Oregon?

Border Patrol is effectively limited to operating within 100 miles of the border (expedited removal zone), which means 90% of the State of Florida but 0% of Utah.

Why not just have ICE set up checkpoints on I-15 in Utah? Why do they have to go through all the hassle of waiting for an immigration court to issue a removal order?

Very slippery slope.

The one that really blew my mind was the BP checkpoint north of Tombstone, I didn't see a single vehicle with Mexican plates waiting in line. Totally pointless. It was all tourists.

And I've been through "mobile" checkpoints near the Canadian border, equally pointless, but then they justify it by saying that so and so had an ounce of marijuana in his RV or something equally stupid.

Which is in fact what they do at Coutts as well, "we caught a guy with a revolver in his RV who was going to Alaska". Wow. I feel much safer.

Hopefully the UK will vote to "remain" in the EU because if it leaves, there is no chance of N America ever doing away with all it's crazy border bullshit.

There is a checkpoint on the Oregon-California border operated by the California Department of Agriculture. You cannot bring fruit or vegetables into California from another State.

It's a known fact that some illegals. are smuggled across the border in the trunks of cars. They told me to pop the trunk lid of my car when I was stopped at the checkpoint near Tombstone.

Naturally when crossing into Canada the first thing they ask about is firearms

robin1234 Jun 15th 2016 12:35 am

Re: Border Patrol
 
I'll be in El Paso next week, so I could visit the Border Patrol Museum!

Gozit Jun 15th 2016 1:53 am

Re: Border Patrol
 

Originally Posted by dc koop (Post 11973856)
There is a checkpoint on the Oregon-California border operated by the California Department of Agriculture. You cannot bring fruit or vegetables into California from another State.

You bet if there was a checkpoint on the Ontario/Quebec border checking for "illegal" booze people would be upset. Even the Canadian charter guarantees free movement between the whole country and that would be inhibiting it. The American constitution guarantees the same thing.

RoadWarriorFromLP Jun 15th 2016 2:37 am

Re: Border Patrol
 

Originally Posted by Gozit (Post 11974239)
You bet if there was a checkpoint on the Ontario/Quebec border checking for "illegal" booze people would be upset. Even the Canadian charter guarantees free movement between the whole country and that would be inhibiting it. The American constitution guarantees the same thing.

The California Court of Appeals has found that agricultural checkpoints are constitutional: PEOPLE v. DICKINSON 104 Cal.App.3d 505

Just because you think that something should be unconstitutional doesn't mean that it is. You ought to learn more about US law prior to offering your guidance as to what is or isn't constitutional.

Gozit Jun 15th 2016 2:48 am

Re: Border Patrol
 

Originally Posted by RoadWarriorFromLP (Post 11974289)
The California Court of Appeals has found that agricultural checkpoints are constitutional: PEOPLE v. DICKINSON 104 Cal.App.3d 505

Just because you think that something should be unconstitutional doesn't mean that it is. You ought to learn more about US law prior to offering your guidance as to what is or isn't constitutional.

That case is a perfect example of what is unconstitutional about them. Fine, i'll concede that a plain view search is acceptable. But the law says that you need a warrant to search the whole vehicle. So if the officer asks me to open my trunk I can say "no, you need a warrant to do that".

RoadWarriorFromLP Jun 15th 2016 3:05 am

Re: Border Patrol
 

Originally Posted by Gozit (Post 11974299)
That case is a perfect example of what is unconstitutional about them. Fine, i'll concede that a plain view search is acceptable. But the law says that you need a warrant to search the whole vehicle. So if the officer asks me to open my trunk I can say "no, you need a warrant to do that".

Canadians on the internet don't get to decide what is constitutional or unconstitutional. That job is left to higher-level American courts.

If you want to say that you wish that these things were unconstitutional, then that's one thing (and I would agree with you.) But your representations of what actually is unconstitutional are completely wrong and you should stop saying it.

The courts have ruled that these checkpoints don't violate the Fourth Amendment. It is highly unlikely that these cases will ever be overturned, so no amount of hope or internet vigor is likely to change this.

Bob Jun 15th 2016 3:23 am

Re: Border Patrol
 

Originally Posted by dc koop (Post 11973851)
T...The drivers are asked the license number of their cars and they've caught car thieves this way...

I'd be screwed. I can never remember my plate. It's a crap combo of number and letters that don't roll off the tongue. I can remember the old plate and the one we had when we lived in Maine though :o

mrken30 Jun 15th 2016 3:36 am

Re: Border Patrol
 

Originally Posted by Bob (Post 11974353)
I'd be screwed. I can never remember my plate. It's a crap combo of number and letters that don't roll off the tongue. I can remember the old plate and the one we had when we lived in Maine though :o

Me too, I have to use my VIN number more than my license plate. When it goes in for a service, insurance etc everyone wants the VIN

Pulaski Jun 15th 2016 3:59 am

Re: Border Patrol
 

Originally Posted by Bob (Post 11974353)
I'd be screwed. I can never remember my plate. It's a crap combo of number and letters that don't roll off the tongue. ....

My truck has the same registration that my Alfa 164 had, my Mustang has the same registration that my Sierra had, and the Accord has the same registration that my Ital had (and I still have the old plates for it when it was scrapped). Mrs P might have a tougher time reciting the registration number of whichever vehicle she is driving. :unsure:


Originally Posted by RoadWarriorFromLP (Post 11974332)
Canadians on the internet don't get to decide what is constitutional or unconstitutional. That job is left to higher-level American courts.

If you want to say that you wish that these things were unconstitutional, then that's one thing ..... But your representations of what actually is unconstitutional are completely wrong and you should stop saying it.

The courts have ruled that these checkpoints don't violate the Fourth Amendment. It is highly unlikely that these cases will ever be overturned, so no amount of hope or internet vigor is likely to change this.

For once I agree with you. :)

Gozit Jun 15th 2016 4:27 am

Re: Border Patrol
 

Originally Posted by RoadWarriorFromLP (Post 11974332)
Canadians on the internet don't get to decide what is constitutional or unconstitutional. That job is left to higher-level American courts.

If you want to say that you wish that these things were unconstitutional, then that's one thing (and I would agree with you.) But your representations of what actually is unconstitutional are completely wrong and you should stop saying it.

The courts have ruled that these checkpoints don't violate the Fourth Amendment. It is highly unlikely that these cases will ever be overturned, so no amount of hope or internet vigor is likely to change this.

The checkpoints don't. Asking me to open my trunk does.

RoadWarriorFromLP Jun 15th 2016 5:08 am

Re: Border Patrol
 

Originally Posted by Gozit (Post 11974441)
The checkpoints don't. Asking me to open my trunk does.

If the stop produces probable cause for a search, then a search can be conducted.

So you're wrong again. It would be nice if you would stop using this thread to misinform the audience, who may unfortunately not know any better and get themselves into trouble based upon your guidance.

Mangaboy84 Jun 15th 2016 5:19 am

Re: Border Patrol
 

Originally Posted by Pulaski (Post 11974406)
Mrs P might have a tougher time reciting the registration number of whichever vehicle she is driving. :unsure:

God, i might have that issue too when i move over lol, have enough problems remembering the plate for my current company car and i've had that for 2 years already XD

Bob Jun 15th 2016 5:19 am

Re: Border Patrol
 

Originally Posted by RoadWarriorFromLP (Post 11974490)
If the stop produces probable cause for a search, then a search can be conducted.

But does it?

It's just an excuse usually isn't it? It's all very flimsy.


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