Replied below.
[edit on 5-8-2009 by Everwatcher33]
I, a U.S. citizen, was arrested by a U.S. Border Patrol Agent today, page 5
reply posted on 5-8-2009 @ 02:16 PM by Everwatcher33
reply to post by 27jd
Sorry then you said Yuma, AZ happens to be a major Port of Entry for immigrants. Also though Border Patrol has authority up to 100 miles in the border if that helps.
[edit on 5-8-2009 by Everwatcher33]
Sorry then you said Yuma, AZ happens to be a major Port of Entry for immigrants. Also though Border Patrol has authority up to 100 miles in the border if that helps.
[edit on 5-8-2009 by Everwatcher33]
reply posted on 5-8-2009 @ 02:22 PM by Orwells Ghost
reply to post by dragonridr
Forgive me if I'm wrong, I am only a Canadian, but I believe that random drug sniffing constitutes illegal search and seizure, given that the police require a warrant or probable cause to search your person or property. To my knowledge the only place an exception is made is at the airport. Thus this checkpoint is unconstitutional, illegal and plain unjust. Wether carying contraband or not, there was no reason for the OP to be pulled over unless he was driving erratically or had a busted headlight or something.
North of the border we consider ourselves to be free, but have no such document explicitly outlining and guaranteeing out rights and limiting the governments powers (Our Charter of Rights is nowhere near as encompassing and explicit) Though I consider this a great nation, I am often envious of you Americans as I believe your constitution to be one of if not the most important and righteous documents in recorded history. But that envy quickly fades when I see how little value many of you accord it, especially those sworn to uphold its tenets.
Forgive me if I'm wrong, I am only a Canadian, but I believe that random drug sniffing constitutes illegal search and seizure, given that the police require a warrant or probable cause to search your person or property. To my knowledge the only place an exception is made is at the airport. Thus this checkpoint is unconstitutional, illegal and plain unjust. Wether carying contraband or not, there was no reason for the OP to be pulled over unless he was driving erratically or had a busted headlight or something.
North of the border we consider ourselves to be free, but have no such document explicitly outlining and guaranteeing out rights and limiting the governments powers (Our Charter of Rights is nowhere near as encompassing and explicit) Though I consider this a great nation, I am often envious of you Americans as I believe your constitution to be one of if not the most important and righteous documents in recorded history. But that envy quickly fades when I see how little value many of you accord it, especially those sworn to uphold its tenets.
reply posted on 5-8-2009 @ 02:23 PM by 27jd
reply to post by fleabit
ONCE again, i was nowhere near a U.S. border crossing, i was not in mexico, i was returning from san diego, california.
ONCE again, i was nowhere near a U.S. border crossing, i was not in mexico, i was returning from san diego, california.
reply posted on 5-8-2009 @ 02:29 PM by 27jd
reply to post by Annee
Here ya go, read up...
Here ya go, read up...
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. It was ratified as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. The amendment specifically requires search and arrest warrants be judicially sanctioned and supported by probable cause. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.
en.wikipedia.org...
reply posted on 5-8-2009 @ 02:41 PM by Everwatcher33
reply to post by 27jd
That doesn't even fully apply into the rest of the united states. If that were true officers couldn't do pat downs, couldn't do probable cause searches, couldn't bring drug dogs to sniff around your car. Get over it they hav been doing it for years.
BY THE WAY as for just doing this in the last few years read your article better.
In the past, small-time drug users were busted occasionally. The Border Patrol has used dogs at its checkpoints for at least two decades, mainly for the purpose of detecting human cargo. But until a few years ago, it employed far fewer than it does now, which meant dogs were not routinely placed at the checkpoints near Yuma. Also, the checkpoints were often closed because fewer agents were available to staff them.
All it says is it employed fewer dogs up until a few years ago...you tell people to read the article perhaps you should read it better. TWO DECADES is not a few years.
The info comes from CBP officers that I have met and talked with. It should be in their policy guidelines. Also your article says the checkpoints are perm, that makes them legal. You can't just randomly search people, but since perm and searches everyone you are SOL.
Also in the same article you linked:
The Supreme Court had, in the past, found two major exceptions to its general disapproval of police checkpoints. In 1990's Michigan Dept. of State Police vs. Sitz, the High Court allowed DUI checkpoints. And in 1976's United States vs. Martinez-Fuerte, it gave the Border Patrol the right to set up checkpoints that seek to uncover illegal immigrants — with the secondary purpose of finding drugs. Guess what their primary purpose is to find illegal immigrants...secondary drugs. SO GUESS WHAT YOU ARE SOL AGAIN.
[edit on 5-8-2009 by Everwatcher33]
That doesn't even fully apply into the rest of the united states. If that were true officers couldn't do pat downs, couldn't do probable cause searches, couldn't bring drug dogs to sniff around your car. Get over it they hav been doing it for years.
BY THE WAY as for just doing this in the last few years read your article better.
In the past, small-time drug users were busted occasionally. The Border Patrol has used dogs at its checkpoints for at least two decades, mainly for the purpose of detecting human cargo. But until a few years ago, it employed far fewer than it does now, which meant dogs were not routinely placed at the checkpoints near Yuma. Also, the checkpoints were often closed because fewer agents were available to staff them.
All it says is it employed fewer dogs up until a few years ago...you tell people to read the article perhaps you should read it better. TWO DECADES is not a few years.
The info comes from CBP officers that I have met and talked with. It should be in their policy guidelines. Also your article says the checkpoints are perm, that makes them legal. You can't just randomly search people, but since perm and searches everyone you are SOL.
Also in the same article you linked:
The Supreme Court had, in the past, found two major exceptions to its general disapproval of police checkpoints. In 1990's Michigan Dept. of State Police vs. Sitz, the High Court allowed DUI checkpoints. And in 1976's United States vs. Martinez-Fuerte, it gave the Border Patrol the right to set up checkpoints that seek to uncover illegal immigrants — with the secondary purpose of finding drugs. Guess what their primary purpose is to find illegal immigrants...secondary drugs. SO GUESS WHAT YOU ARE SOL AGAIN.
[edit on 5-8-2009 by Everwatcher33]
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