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Message

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

Posted on 7/25/17 at 8:24 am to
Posted by slackster
Houston
Member since Mar 2009
91874 posts
Posted on 7/25/17 at 8:24 am to
US Border Zone

Posted by danb5056
Alabama
Member since Feb 2015
74 posts
Posted on 7/25/17 at 8:25 am to
If the agents had a bit more power and manpower to do their jobs... why would we even need a wall?
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 7/25/17 at 8:25 am to
quote:

There's a nice and clean solution to border patrol checkpoints: build the wall.


Right. That will stop anyone and everyone from doing and end run around it. Just look at other examples, like the Maginot Line.

Posted by Sao
East Texas Piney Woods
Member since Jun 2009
68469 posts
Posted on 7/25/17 at 8:26 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.


Also Legal.



So...


Posted by Salmon
I helped draft the email
Member since Feb 2008
86731 posts
Posted on 7/25/17 at 8:26 am to
quote:

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?


the fact that if you don't answer those questions you will be searched and seized

people can disagree with the SCOTUS rule
Posted by Oddibe
Close to some, further from others
Member since Sep 2015
6756 posts
Posted on 7/25/17 at 8:26 am to
quote:

They are less than a 100 miles from our country's border at the Gulf of Mexico
Wouldn't it make more sense for them to be located closer to the ports of entry? As someone mentioned early, "they are looking for buses traveling from mexico", if that is the case the closest border crossing is south of San Antonio or Brownsville, which is over 400 miles from Lake Charles.
Posted by Salmon
I helped draft the email
Member since Feb 2008
86731 posts
Posted on 7/25/17 at 8:27 am to
I used to always get so nervous driving through the checkpoint around Falfurrias, Texas. No idea why
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20406 posts
Posted on 7/25/17 at 8:28 am to
quote:

That will stop anyone and everyone from doing and end run around it. Just look at other examples, like the Maginot Line.


You do realize that the wall would stretch from the Gulf to the Pacific whereas the Maginot just ended on land? Pretty damn big difference.
Posted by slackster
Houston
Member since Mar 2009
91874 posts
Posted on 7/25/17 at 8:32 am to
quote:

Also Legal.


I'm not suggesting otherwise, just pointing out the people who do both are far more interested in the attention that they are in the 2nd and 4th amendment.
Posted by AwesomeSauce
Das Boot
Member since May 2015
11633 posts
Posted on 7/25/17 at 8:34 am to
quote:

the fact that if you don't answer those questions you will be searched and seized

No, you can be detained until citizenship is determined. You're now extending the fourth amendment into an area where it's no longer valid. The consequence for not allowing the agent to do his job that he has legal authority to do is to be detained for further questioning and at this point you may be asked for legal documentation. I don't get not answering the question or why one would think it infringes upon one's rights. Also, these checkpoints have been working and operational for 40+ years in most cases. This isn't a roving DUI or Insurance checkpoint, it's a stop on the highway that functions as a pseudo border crossing in areas where the crossing can't be effectively controlled.
Posted by GaryMyMan
Shreveport
Member since May 2007
13499 posts
Posted on 7/25/17 at 8:34 am to
quote:

You do realize that the wall would stretch from the Gulf to the Pacific


That's not what Trump says. LINK
This post was edited on 7/25/17 at 8:36 am
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 7/25/17 at 8:36 am to
I hate the border patrol checkpoints, just like I hate the DUI checkpoints.
Posted by AwesomeSauce
Das Boot
Member since May 2015
11633 posts
Posted on 7/25/17 at 8:39 am to
quote:

I hate the border patrol checkpoints, just like I hate the DUI checkpoints.


I hate grapefruit, just like I hate lacrosse.
Posted by Salmon
I helped draft the email
Member since Feb 2008
86731 posts
Posted on 7/25/17 at 8:39 am to
quote:

No, you can be detained until citizenship is determined.


Right.

quote:

The consequence for not allowing the agent to do his job that he has legal authority to do is to be detained for further questioning and at this point you may be asked for legal documentation.


It's the legal authority to detain you that people have a problem with.

quote:

I don't get not answering the question or why one would think it infringes upon one's rights


People don't like the idea of being stopped and threatened to be detained for doing nothing illegal.


Posted by Mo Jeaux
Member since Aug 2008
64587 posts
Posted on 7/25/17 at 8:40 am to
quote:

fish eating friends


What's wrong with eating fish?
Posted by Hangit
The Green Swamp
Member since Aug 2014
47743 posts
Posted on 7/25/17 at 8:41 am to
She was likely just confused from all those rainbows all over her FB page.

I have crossed many borders and have never had any border agents be dicks. Going in, or coming out. They were all professional and courteous. Some were even funny.
Posted by slackster
Houston
Member since Mar 2009
91874 posts
Posted on 7/25/17 at 8:41 am to
quote:

This isn't a roving DUI or Insurance checkpoint, it's a stop on the highway that functions as a pseudo border crossing in areas where the crossing can't be effectively controlled.


You won't get any argument from me that Border Patrol is a bit too broad in their application of the law - an intent vs letter of the law issue. However, the situation in the OP is not a good example.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20406 posts
Posted on 7/25/17 at 8:42 am to
Well then let's quote your source and my apples to oranges comment stands. Maginot Line simply ended in an unremarkable geographic location which allowed the enemy to drive right around it.

quote:

not need to cover the entire border because of existing natural barriers, according to remarks released by the White House on Thursday. On a flight to Paris from Washington, Trump told reporters aboard Air Force One: "You have mountains. You have some rivers that are violent and vicious. You have some areas that are so far away that you don't really have people crossing.
Posted by AwesomeSauce
Das Boot
Member since May 2015
11633 posts
Posted on 7/25/17 at 8:50 am to
quote:

It's the legal authority to detain you that people have a problem with.

It's their job. It's pseudo border crossings in areas where border crossing can't be properly maintained. The checkpoints are permanent, I just don't see the issue here.

Are you a US citizen? Yes
Where are you headed? Home
Where is home? Louisiana
Thank you. Have a good day.
Ermergherd I feel so violated!!!

quote:

People don't like the idea of being stopped and threatened to be detained for doing nothing illegal.

See above, other than not having to produce documentation it's no different than crossing the border. I just don't see the issue. I get issues with DUI checkpoints and Insurance checkpoints, but this is a permanent spot where this has happened for over 40 years. There are very few questions permissible, no documentation to show, and no search. They also have to have beyond reasonable doubt in order to ascertain a warrant. I get that it has the word checkpoint in it and some people don't have the cognitive ability to differentiate that two things though similarly described in name can have absolutely different meanings. Comparing border patrol checkpoints to DUI checkpoints is like comparing the NFL to Futbol, not NFL to NFL or NFL to NCAAFB as some are attempting to do.
Posted by ccard257
Fort Worth, TX
Member since Oct 2012
1474 posts
Posted on 7/25/17 at 8:51 am to
quote:

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? 


That one quick question is usually accompanied by a quick glance around my back seat and sometimes a quick pass by from a drug dog...and there is a big dry erase board bragging about how may drugs they have found. How is that not an illegal search?
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