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re: Border Patrol Justice
Posted on 5/9/15 at 3:22 pm to LsuTool
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 3:34 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
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