reply to post by charles1952
I'll play nice with one caveat..
State by state rules are different..
Federal Law is murky and grey in part of this area..
We could argue back and forth but I will rely on what my attorney told a friend.. If they detain him they must read him his rights.. To search the car
and question him they must read him his rights.. (Texas)
The car search has to have valid basis.. no valid basis it can be tossed.. Anything they ask him can be tossed if they did not read him his rights and
it is inadmissible... ( he ended that part by saying STFU the second they read you your rights.. Yes he has had tapes tossed for this right being
As for the federal government.. I was left with the impression it is on steroids... The federal officers will read you your rights because they can be
screwed with a decent lawyer.. (yes he mentioned immigration losing a case because the driver was an american citizen and was not read his rights by
local cops acting with federal officers)
The purposely do not state yes you are being detained.. they want you to volunteer for it.. Refusal to volunteer for the federal agency is not
suspicion.. It is for local..
The one that said you are being detained, got it right but then did not proceed to read them their rights..
The other issue is that none of them quoted the statues or laws that authorized the searches.. Even the supreme court decision would be appropriate..
If they wish to search and detain those that refuse, their is law that backs them but and this is key, immigration doesnt have the authority..
Law enforcement officer required.. The morons running the show are just being dumb.. The local Leo's can, at the check points, detain them.. (yes you
want to read them their rights.. Stops the ability to fight back in court if they say anything post reading of rights)
the main reason is protective custody or a protective hold.. 48 to 72 hours..
They do not really need more power or authority.. they just need to be smarter and ninja like when they institute the process.. The laws are the books