I, a U.S. citizen, was arrested by a U.S. Border Patrol Agent today

Originally posted by Annee
He is basically arguing a technicality. Border Patrol was given rights which he contends can only belong to actual police. With the volume of traffic in this area - - it is common sense to cut out the middle man. Does this common sense directive really violate the constitution?

No, I'm basically not. It is NOT CONSTITUTIONAL to search every car that passes on an interstate, which is what's happening. There's a reason police cannot do this, and set up K9 checkpoints to search every car that passes. It's not a reasonable search and siezure, plain and simple. But in this ONE instance, they have used TWO loopholes, to create a checkpoint in which they can effectively search EVERY vehicle that passs for drugs.

To all the posters who are bitching because I don't want to discuss drugs, or their legality, I'm not interesting in arguing against all of your false, handed down senses of morality. I fully understand your positions, and your lack of sympathy for hardcore criminals that like to just chill and party by the beach, without getting drunk and feeling sick. I don't care, and I'm not posting this for sympathy. It's really not a big deal in that I have NO prior record, and in order to streamline the HUGE number of busts they are getting there now that they've targetted citizens, they knock it to a misdemeanor, ONLY in Yuma, so they don't bog down the court system there. This is an assembly line operation, and I feel it violates our BASIC rights. If you're interested in discussing that fine, if you want to tell me what a scumbag I am for my personal choices, piss off.

reply to post by Annee

Well - - I guess you'll just have to decide for yourself if you consider this a "border road".

I consider it a "border road".

Of course it is not a "border road". It is not on the border.

However you will be happy to know that all land 100 miles inland is considered on the border. So according to this backwards legislation Tuscon Az is considered "on" the border. So for those that live "on the border" I hope they don't mind an increased number of check points.

I hope you don't mind any inconveniences in being detained, I'm sure you will understand that it is necessary to make sure that you belong in this Country.



[edit on 5-8-2009 by harvib]

reply to post by 27jd



Note to EVERYONE Discussing this topic now.

This is the same "Checkpoint" where a VERY FAMOUS rapper's bus was stopped and found to have plenty of illicit contents. If anyone is going to take it all the way to the top court it should be that guy, we know he has the cash to fight it.

Second it is a PURELY 110% REVENUE machine for the county.

You will go to "court" in the crummiest hottest little building in "Wellington" the "Wellington Justice Court". EVERYONE in the "court" room with you at the time (it will be a Tuesday) will be there for the EXACT same offense. You will all get the EXACT same outcome, 400.00 and some court costs. And the "judge" there will remove it from your record. There will be approximately 25-30 more people there, 30 X 400 =12,000.00 - For that jurisdiction EVERY TUESDAY.

Wednesday the "Court" has people caught with "OTHER" substances, I'm sure their day is more expensive. Thursday "Others" yet again. Making this place quite the little "Hazzard County".

It borders on animal cruelty to run those dogs on that hot asphalt, even with pad shoes. You'll notice they have to keep switching dogs due to the heat.

This checkpoint has so many flaws it's ridiculous.

To the person who said the original poster should change his ways.

In California certain laws are MUCH different than AZ. In CA there are a few of these type of Cpoints also, except no dogs UNLESS you have been pulled to the side by the agent PRIOR to the dog being pulled from the shack. And even then you had better have a SIGNIFICANT amount of whatever it is, for the BP to call local authorities to deal with it. Most times the local wont come due to small amount.

AZ is not a very "Compassionate" state, and this checkpoint is whether "Constitutional" or not very suspect. Deputized Federal Agents.....uh huh

Originally posted by harvib
That's what I thought. So you weren't on the border as some people claim.

Nope, I was deep inside AZ, almost home to Phoenix.

It is a shame that people support your detainment and subsequent arrest by an agency that is there to curb illegal immigration but instead operating inside the borders and detaining and arresting American Citizens. I wonder if these same individuals would mind having such check points located throughout their own cities?

Tell me about it. But they are judging ME, and not the issue itself, law enforcement teaming up, and using TWO loopholes to search every car that passes. But you're right, their support is exactly what is needed to make sure these checkpoints do pop up in their cities. Hell, as soon as other counties find out how much money Yuma is making in fines in what is basically a high priced toll booth, they will jump on that bandwagon, hurting for money as they all are. And it will be these rednecks who hate anybody associated with the counter culture, who lose their guns under this new admin. Then they won't be so supportive, but now, as long as it targets hippies, their all for it.

Fisrt off, you are a SOVEREIGN. NOT a U.S. citizen but a union State Citizen, capital "C" is imperative. This is the mistake most people make. You MUST declare you are a SOVERIEGN Citizen, your proerty is your PRIVATE property and they CAN NOT search it. Don't be an ass about it or a prick, just remain calm and inform them that they took an oath and that was to protect your INALIENABLE RIGHTS.

If you still need legal help, I would not call a lawyer, most are in on the scam. This guy helped me a lot and helped a lot of people before he was off'd.

www.lawyerdude.netfirms.com...

Empower yourself. He has a Yahoo site also.

groups.yahoo.com...

There a lot of people on the site that can help you too.

Also visit:

www.jackmclamb.us...

He was a highly decorated Pheonix Police officer who wrote a very good document that I have been passing around, he had the balls to tell the truth. There are many sites, but I trust these and have used them in court and won.

[edit on 5-8-2009 by daddio]

[edit on 5-8-2009 by daddio]

Originally posted by harvib
reply to post by Annee

 

Well - - I guess you'll just have to decide for yourself if you consider this a "border road".

I consider it a "border road".

Of course it is not a "border road". It is not on the border.

Really? Have you driven it?

Let's hear from someone who drives this road (besides the OP) - - if they consider it a "border road/hwy".

reply to post by Annee

Really? Have you driven it?

Why would that matter?

Again. Where does it intersect the border? It is an American highway that is fully within the borders.



[edit on 5-8-2009 by harvib]

Originally posted by harvib

Originally posted by 27jd

Originally posted by harvib
Maybe the OP could shed some light?

I was nowhere near a U.S./ Mexico border. Interstate 8 goes from east to west, through southern california. The checkpoint is eastbound, about 75 miles west of yuma, deep in arizona, right after a town called Dateland.

That's what I thought. So you weren't on the border as some people claim. It is a shame that people support your detainment and subsequent arrest by an agency that is there to curb illegal immigration but instead operating inside the borders and detaining and arresting American Citizens. I wonder if these same individuals would mind having such check points located throughout their own cities?

Mind! Hell I'd love for there to be more, but then I live in El Paso, Texas.

With the violence that is spilling across Juarez, Mexico I'd be happy to have them, and would more than willingly put up with checks. However, even with the check points and what not that -are- established at the outskirts of town, at the bridges, ports of entry and so on, there is still a problem with illegals.

Had the OP been busted at one of the check stations here in EL Paso, he'd legally be in jail.

Is the Border Patrol a legal entity and a legal operation? Yes.

Is it Federally funded? Yes.

Do they have the right and responsibility to screen for illegal immigration, banned produce, drugs, and the like? Yes.

Are they an instrument of law enforcement? Yes.

Can they legally set up road blocks and check the cars going through an area? Yes, with in the operation region of their mandate. Should there also be a clear need for such an operation, regional authority likely would be extended with other law enforcement agencies, so that extra-regional operations can be conducted.

Are they the 'bogeyman' the OP thinks they are, and are they going to toss us all in camps and fill FEMA coffins afterwords... No.

Clearly the OP is trying to foment distrust against an arm of the Federal Government, for his own personal goals, and agency that clearly is not in the wrong.

The OP Screwed Up! The OP got Busted! The OP wants You to make him feel better about getting busted.... What does that tell you about the OP???

Don't play mommy to the OP, sheesh.

M.




[edit on 5-8-2009 by Moshpet]

Originally posted by 27jd
The checkpoint is eastbound, about 75 miles west of yuma, deep in arizona, right after a town called Dateland.

How is it you did not receive 'class 6 felony' charges? I live in AZ (mesa) and if busted with the 'evil grass' in this state, you would be looking at a felony. In the OP you stated you were issued a misdemeanor and released. I would like to know how this could be.
Obviously you would not have been sent to 'Tent City' since you were in Yuma county, not Maricopa, however if they cited you for "possession" you should have been detained on Felony charges until posting bail.
Please explain a little further, if your are able to. Thanks.

reply to post by bagari


Just another stupid post by another stupid person. You have ZERO idea what this debate is all about and all you're doing is bashing someone. "grow up, take it like a man". I can only HOPE that your rights get violated in some way, you post and everyone tells you to go take a hike.

People just coming on here to throw their one line of hypocritical bull### is not constructive. This is not what ATS is about IMO.

reply to post by Paroxysm


Is possession of marijuana a felony in AZ? I know where I am from it's a misdemeanor and can't fathom it holding the same charges as coc aine or heroin

reply to post by mrroqout


Thank you SO much for the info. The lawyer i consulted wanted to charge 2 grand. My court date is on a tuesday and my infraction was minor, so you must know what you're talking about, i was considering fighting because i don't want a record on account of something i feel vilolated my rights, but i'd be better off just paying it and fighting the checkpoint itself, with other fed up citizens. Thanks again, you took a weight off my shoulders for real.

Originally posted by Rockstar1102
reply to post by Paroxysm

 

Is possession of marijuana a felony in AZ?

Yes. Unfortunately possessing ANY (up to 2lbs) is a 'Class 6 Felony', and carries a MINIMUM fine of $750.

Originally posted by Paroxysm
How is it you did not receive 'class 6 felony' charges? I live in AZ (mesa) and if busted with the 'evil grass'

in this state, you would be looking at a felony. In the OP you stated you were issued a misdemeanor and released. I would like to know how this could be.
Obviously you would not have been sent to 'Tent City' since you were in Yuma county, not Maricopa, however if they cited you for "possession" you should have been detained on Felony charges until posting bail.
Please explain a little further, if your are able to. Thanks.

If you read the Newtimes article I linked, it explains why they did that. Because they can't handle that many felonies in their court, it's literally an assembly line and they had to streamline it, just a misdemeanor and a 400 dollar fine, which is removed from your record apparently. They don't even ask or check if you're under the influence before they send you back on your way. Just where to send the bill.



[edit on 5-8-2009 by 27jd]

reply to post by Moshpet


The problem is they won't set them up, because they aren't interested in keeping you safe. Only making money, I live in Phoenix, so i'm exposed to JUST AS MANY illegals and cartel members as you are. But they are still all here, in every kitchen in every restaurant, etc. Why doesn't the Border Patrol raid the parking lot of Home Depot?? Because they are no longer interested in keeping us safe...as for the rest of your judgemental post, please see my post at the top of the page, the bold part. Thanks.

Originally posted by Rockstar1102

Originally posted by c3hamby

If you play like an adult, you have to accept the consequences as an adult, not hide behind the loss of some kind of rights.


Hide behind the loss of some kind of rights? Whoa what? The revocation of our rights is a MAJOR issue here. It's not an excuse and the OP is not using it that way. Maybe we should take your free speech rights away or maybe your right to bear arms if you feel they are just "some kind of rights".

Except we are not talking about freedom of speech, or guns or anything.
Guns and free speech aren't illegal. Drugs have been illegal for a long time and there has been no threat to personal liberty in the example given.

People are trying to separate the 2 issues. Either what he had was legal or not.

If he had a kleenex box and all that happened to him then I would be concerned. He got what you get when you get what he had. If he was speeding, he'd get a ticket, not a conspiracy topic.

[edit on 5-8-2009 by c3hamby]

So disgusting that you cannot even explain the sitch, because of the ATS trolls, mods or "tptb" is what they should be called. What kind of site restricts your right of freedom of speech. On any topic, ATS is going down hill and fast. So untill we get disclosure about the whole story all we can say is your wrong, if your doing something illegal thats the choice you made and you knew the rules before you got in the car. while i agree the US has become a police state there is nothing you can do. You should know not to buy any contraban anywhere, dont bring back animals, food, or the topic we are policed for talking about. Go for a visit or vacation and leave it there, in this day and age they can screw you cause they dont like the look on your face. Becareful you never know what tptb have in mind next, we know they are here reading this right now, every keystroke. Ill be surprised if this even makes it up here........ very surprised.

[edit on 5-8-2009 by humilisunus]

So your driving from California...To Arizona...And you encountered border patrol agents? So.....Bp's are patrolling all of Arizona's borders?

Wow what a way to waste money.

reply to post by c3hamby


You talk about guns being a right, and they are under the 2nd amendment. Another right, that is listed only 2 down on that SAME "goddamn piece of paper", is the 4th amendment. That one protects us against UNREASONABLE search and siezure. Police, and Hwy Patrol are NOT permitted to set up K9 checkpoints to search every vehicle that passes, in ANY state, why? Because it is unconstitutional, BUT the authorities in Yuma county, and the federal agents in the Border Patrol have worked out a special deal, in which they perform unconstitutional searches of EVERY vehicle passing the interstate. If this issue were to reach the SCOTUS, it would almost certainly be overturned.

Originally posted by Rockstar1102
You have ZERO idea what this debate is all about and all you're doing is bashing someone. "grow up, take it like a man". I can only HOPE that your rights get violated in some way, you post and everyone tells you to go take a hike.

Please explain to me in detail what rights were violated.

I do not see where any rights were violated.

All I see is the OP trying to convince us he was violated - - because he got caught with illegal substance.