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Posted on 5/9/15 at 3:06 pm to jbgleason
BP has title 21 authority as well and can detain anyone at an immigration checkpoint based on articulate facts of a possible violation.
The initial detainment in primary is for immigration purposes but they can secondary a vehicle and detain longer based on a possible violation of other law
The initial detainment in primary is for immigration purposes but they can secondary a vehicle and detain longer based on a possible violation of other law
Posted on 5/9/15 at 3:22 pm to LsuTool
And, like I said before, they don't reach that with what they are saying on that video. There isn't any discussion of her status and they are clearly outside their authority (based on the recent SCOTUS decision) to keep her 20 minutes because they wan to get a dog.
While they have some latitude at secondary, it isn't a free for all fishing expedition. As you note, they have to have articulable facts and a person being nervous doesn't get there on its own. Her being a bitch doesn't count either. And his, you can leave but we are keeping your car, doesn't help the case one bit either. He is basically saying that he doesn't have enough to detain her but he is going to seize her property anyway. That doesn't strike you as an issue?
Their legal authority for the stop itself is derived solely from the immigration aspect as I said originally. So I am not wrong. If other criminal activity is detected, then they can go down that road but absent articulable facts sufficient to justify an investigative detention, a U.S. Citizen is free to leave once the immigration status is determined
While they have some latitude at secondary, it isn't a free for all fishing expedition. As you note, they have to have articulable facts and a person being nervous doesn't get there on its own. Her being a bitch doesn't count either. And his, you can leave but we are keeping your car, doesn't help the case one bit either. He is basically saying that he doesn't have enough to detain her but he is going to seize her property anyway. That doesn't strike you as an issue?
Their legal authority for the stop itself is derived solely from the immigration aspect as I said originally. So I am not wrong. If other criminal activity is detected, then they can go down that road but absent articulable facts sufficient to justify an investigative detention, a U.S. Citizen is free to leave once the immigration status is determined
Posted on 5/9/15 at 3:27 pm to athenslife101
quote:
They said she was acting nervous which is what they look for and that is justification for detainment. She's also deflecting. they should never have touched her based on what we saw but whether people like it or not, her detainment is legal.
The USSC has ruled many a moon ago that simply being nervous in the presence of a cop isn't justification for anything, but don't let facts to get in your way.
Posted on 5/9/15 at 3:27 pm to PolyPusher86
FWIW, BP can patrol anywhere within 100 miles of the border, land or sea. They are known for being over the top with little oversight in NY.
Posted on 5/9/15 at 3:31 pm to NYNolaguy1
They can patrol past 100 miles but their legal authority is more conservative
Posted on 5/9/15 at 3:34 pm to LsuTool
Especially given the current administration's hatred of interior enforcement. There used to be a rumor in Mexico that if you got 25 miles from the border you couldn't be arrested. The smugglers started that rumor so they could drop off their customers quicker. The crazy thing is that it is practically true these days.
Posted on 5/9/15 at 3:34 pm to jbgleason
You clearly stated that BPs legal authority is immigration law and once citizenship is determined an individual must be released and that is 100% wrong
I didn't even watch the video so I don't care what happened. I'm trying to educate the ignorant as I'm far more versed in BPs legal authority's than anyone else on this board
I didn't even watch the video so I don't care what happened. I'm trying to educate the ignorant as I'm far more versed in BPs legal authority's than anyone else on this board
Posted on 5/9/15 at 3:35 pm to PolyPusher86
quote:
An Ogdensburg woman, just days away from earning a degree in law enforcement leadership from SUNY Canton,
Posted on 5/9/15 at 3:38 pm to brass2mouth
If an agent can articulate a handful of facts or behaviors that an individual was doing, that can easily be enough to secondary a vehicle
This post was edited on 5/9/15 at 3:39 pm
Posted on 5/9/15 at 3:39 pm to TH03
This will really make Her want to get in there and "clean house" just like the Feds will try to do in Baltimore.
Posted on 5/9/15 at 3:48 pm to PolyPusher86
Goofy bitch! Lol. Bet she doesnt mouth off like that again.
Adios to your career in law enforcement
Adios to your career in law enforcement
Posted on 5/9/15 at 3:55 pm to PolyPusher86
Listening to that fat bitch squeal and cry like a fricking pig had my crying.
Posted on 5/9/15 at 4:03 pm to PolyPusher86
Being an annoying bitch is a reason to get tased i guess
This post was edited on 5/9/15 at 4:04 pm
Posted on 5/9/15 at 4:32 pm to rantfan
USSC recently held that cops cannot detain you without probably cause and have you wait for a dog to come see if they can get PC. Looks like this detainment was illegal
Posted on 5/9/15 at 4:36 pm to Barrister
I love the one where the border patrol agent asked for ID to verify citizenship and the guy in his car requested ID to verify he was an American citizen as well and with Border patrol. Repeated this a few times and the BP guy just said have a great day and let him go.
Posted on 5/9/15 at 4:38 pm to WalkingTurtles
Hope they didnt hurt her dog
Posted on 5/11/15 at 4:18 pm to gmrkr5
I would have told them you do not have my permission to search my vehicle, and you are illegally detaining me. Then gotten names stepped back videoed and waited for them to finish hanging themselves.
My next stop would have been my attorney's office to have him file appropriate complaints and charges if applicable.
My next stop would have been my attorney's office to have him file appropriate complaints and charges if applicable.
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