Originally posted by 27jd
Originally posted by Moshpet
Clearly this is nothing more than an effort to demonize the Boarder Patrol Agency. Wrongly demonize it.
That's completely untrue, i've stated a few times the BP agents were polite and did their job professionally. They're not the ones who have allowed
this checkpoint, that is no longer in an area with high volumes of illegals, to shift it's focus on citizens, using powers that the regular police
force does not have in order to generate revenue, not keep americans safe. Nothing more.
The Operational Mandate of the Boarder Patrol doesn't 'just' cover Immigration. So what if the 'main' problem in that particular area isn't
immigration, the fact that the 'drug' problem is so great as to warrant the continuance of that station, says that the station needs to be there.
Which part of their mandate is really in question here?
Customs? Drug Interdiction? Anti-Terrorism? Immigration? Operation Jurisdiction? Their cooperation with the State and Local Governments?
Seriously, since it is evident that, by the cooperation of the State and Federal Governments in that county, there is huge a drug problem, and some
(evidently a large part) of it is getting stopped there.
Your supposition that the Boarder Patrol is 'improperly' placed, due the 'low level' of illegal immigrants getting caught, is in error. The only
way you would be correct that they are improperly placed, would be if they were not catching anyone breaking the laws of this country, or if they were
unable to fulfill any part of their Operational Mandate.
Since they are catching people with drugs, and it is evident that there is significant drug traffic and success at catching lawbreakers (not just the
drugs); the Check Point is in a logical and ideal place of operation.
One thing you are neglecting to recognize is that the Boarder Patrol is not a 'Judicial Body.' While they have the obligation to make arrests and
proffer charges and or fines, they can not 'try' and convict or declare people innocent.
Which means a Judicial Body, namely the State or County, has to determine peoples guilt or innocence. Which is a darned good thing.
Also, since the Boarder Patrol is a Federal Entity. If it came right down to the matter, they could set offenders up to face a Federal Judge,
L-E-G-A-L-Y! As technically a Boarder Patrol Station is 'Federal Property,' as crimes carried out on Federal Property, can be placed under Federal
Judicial Courts for trial.
Now since it is not practical or efficient to tie up a Federal Judge's time with what is effectively low level crime (under a certain dollar amount),
someone has to try the case. Since there are courts establish to handle that level of crime, at the state and local level, those courts are used.
Had someone been caught with a 'significant' dollar amount of drugs (or did significant crime/act), they would be likely be facing a Federal Judge
or a State Judge depending on the severity of the case. (Jurisprudence is not my strong point, but I am fairly sure terrorism would land under a
Federal Judge, where as million $'s of pot would be under a State Judge's purview. I think.)
Truthfully the same thing would happen if people rolled onto a military base with drugs and were caught there. (Federal Property.) (Not recommended
lol.) Simply put, some court -has- to be used, fortunately it's a County Court Judge, and not a State Court Judge handling the case. (So it sounds
Now if the fine was not standardized across the board, the County Court Judge could try each and every case and bilk people for lots more then the
fine that has been mentioned. However, since it is evident that the entire process has been 'streamlined' due to volume, that isn't happening.
A flat set fine is impartial and fair, and since it is being given out fairly to those caught, and from what I am reading, expunged just as quickly;
there is no deliberate 'Boss Hogg' operation there.
The simple point is that with such a number of legitimate busts, and the fact that a County Judge has jurisdiction, and the fact that the process is
stream lined; yes it would give the 'appearance' of being a 'for the profit' operation.
But it is just that an 'appearance,' much like McDonald's outsells Burger King. Just because there is (was) a sign saying 2 million served,
doesn't make a solid case, for McD's outselling BK. (Locally or nationally.)
Yes, due to the sheer number of cases being legitimately caught, by a legitimately empowered Federal Agency to make those arrests, under a legitimate
charter; the county will make a percentage of money from the cases. But from sheer volume, not quasi-legal machinations.
However, if you think they get all the money from those cases, and keep it 'in' the county coffers, you would be seriously mistaken. They only get a
percentage of such revenues, some goes back to the Fed, some will go back to the State, some will be used in legitimate court costs. What little the
County gets to keep doesn't go into one persons coffers, it gets spread around. And yes the money it tracked and accounted for, after all the State
& Fed want their share!
I live in EL Paso, Texas, the Border Patrol's Area of Operations covers the entire city, and a great distance beyond it. You don't have to go to
Mexico to end up driving through a BP check point, you simply can be heading east/west on a major highway, and that is just from living day to day
They locally bust people for drugs, though since the city/county police force has the manpower, and resources to bust, book, and set bail in town, it
won't be a get your fine and go on your way. Nor would it likely be expunged at the same time. But it would still be the BP that made the initial
There is nothing criminal going on with the 'streamlining' of fines, nor is the County there 'deliberately' seeking to fill their coffers from
such fines. They don't need to deliberately do it, as evidently there are enough lawbreakers that putting police out at the BP Check Point is not
Is the fine a bit large? I don't know, you would have to get the exact break down on fees, costs and so on per case. Odds on, however, the fees and
costs of each case would tally up to around 2/3's - 3/4ths of the fine. What is left is shared.
There is no 'Boss Hogg' problem there, just a drug one.