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re: San Diego teacher held at border patrol checkpoint refuses to answer questions

Posted on 7/25/17 at 8:02 am to
Posted by magildachunks
Member since Oct 2006
32482 posts
Posted on 7/25/17 at 8:02 am to
quote:

Long established Federal Law that you are subject to questioning within 25 miles of the Border as if you are at the Border. This was instituted because there are crossings at places where the terrain is not conducive to placing an Immigration Checkpoint thus the actual point is inside the US. But frick her for not bothering to find that out.



Border Patrol chief said 100 miles.

Which is it?
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 7/25/17 at 8:02 am to
quote:

Long established Federal Law that you are subject to questioning within 25 miles of the Border as if you are at the Border.



CFR please?
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
35085 posts
Posted on 7/25/17 at 8:02 am to
quote:

I think they're only allowed to ask.


This would actually be very effective if they only ask in English.
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51270 posts
Posted on 7/25/17 at 8:05 am to
Posted by Oddibe
Close to some, further from others
Member since Sep 2015
6566 posts
Posted on 7/25/17 at 8:07 am to
How is this any different than the border patrol agents that sit on I-10 outside of Lake Charles? I have seen them dozens of times and still have no idea what they are doing there.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18902 posts
Posted on 7/25/17 at 8:07 am to
quote:

CFR please?


I am not looking that shite up this morning. And it's not a CFR, it's black letter statutory law.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14792 posts
Posted on 7/25/17 at 8:09 am to
I always thought drugs.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18902 posts
Posted on 7/25/17 at 8:11 am to
Nope. They are making PC immigration stops. Especially those big buses coming from the Border.
Posted by slackster
Houston
Member since Mar 2009
84784 posts
Posted on 7/25/17 at 8:11 am to
quote:

Many around here are too dense to understand laws, case law, and the Constitution.


I understand her legal rights, I just don't understand the end game, outside of getting attention.
Posted by Oddibe
Close to some, further from others
Member since Sep 2015
6566 posts
Posted on 7/25/17 at 8:13 am to
quote:

I always thought drugs


why would border patrol be looking for drugs 300 miles from the border?
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65697 posts
Posted on 7/25/17 at 8:14 am to
quote:

I just don't understand the end game, outside of getting attention.


What is everyone's end game in upholding the Constitution? We've come a long sad way if we can't expect what it was intended to protect.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14792 posts
Posted on 7/25/17 at 8:15 am to
I-10 from Houston corridor.
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 7/25/17 at 8:16 am to
You're gonna die bitch!!! I'm comin' outta da booth!!!!
Posted by LSUfonte
South Texas
Member since Jan 2004
7487 posts
Posted on 7/25/17 at 8:16 am to
It is 100 miles.
Posted by Bullfrog
Institutionalized but Unevaluated
Member since Jul 2010
56221 posts
Posted on 7/25/17 at 8:18 am to
quote:

why would border patrol be looking for drugs 300 miles from the border
They are less than a 100 miles from our country's border at the Gulf of Mexico.
Posted by Salmon
On the trails
Member since Feb 2008
83556 posts
Posted on 7/25/17 at 8:20 am to
quote:

I don't even think the Border Patrol is allowed to require you to hand over "papers" proving citizenship. I think they're only allowed to ask.

If you refuse to answer, they are allowed to detain you until your citizenship is determined.

Someone please correct me if I'm wrong.


I'm certain this is correct

Seems to me everything was handled properly. The woman was in her right and the guards seemed to handle their job as well.

Seems like a non story.
Posted by slackster
Houston
Member since Mar 2009
84784 posts
Posted on 7/25/17 at 8:22 am to
quote:

What is everyone's end game in upholding the Constitution? We've come a long sad way if we can't expect what it was intended to protect.


That's not her end game and you know it.

She's the equivalent of the open carry guy with an AR-15 strapped across his back. They're both attention seeking clowns.
Posted by Salmon
On the trails
Member since Feb 2008
83556 posts
Posted on 7/25/17 at 8:22 am to
quote:

She's the equivalent of the open carry guy with an AR-15 strapped across his back. They're both attention seeking clowns.


amen
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51270 posts
Posted on 7/25/17 at 8:24 am to
quote:

She's the equivalent of the open carry guy with an AR-15 strapped across his back. They're both attention seeking clowns.


Indeed.
Posted by AwesomeSauce
Das Boot
Member since May 2015
7515 posts
Posted on 7/25/17 at 8:24 am to
quote:

Many around here are too dense to understand laws, case law, and the Constitution.



Pot meet kettle. Border patrol agents have legal authority to perform checkpoints within 100 miles of the Nation's border. Save for a few roaming checkpoints these checkpoints are permanent generally 25-50 miles from border crossings near frontier or in areas where the crossings can't be effectively secured. IIRC this all began a long time ago and has been ruled constitutional by SCOTUS many years ago. The argument that this infringes on your fourth ammendment rights is asinine. The agent is only allowed to ask if you are a citizen, where you are going, and where you are from, explain to me how that has anything to do with illegal search and seizure?

ETA: This was passed by SCOTUS in 1976 (United States v. Martinez-Fuerte)
This post was edited on 7/25/17 at 8:26 am
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