VIDEO: Man Sticks Up For His Constitutional Rights At An Internal Checkpoint In The U.S. »
Posted By jovial 7 months, 2 weeks ago in Political NewsA guy refuses to allow border agents to search his vehicle at an internal checkpoint within the U.S. borders.
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jovial
Grew up In Brooklyn. Joined the Navy in 1976 stayed in 10 years. Aircraft Electronics tech. Worked for Major Govt. contractor then settled in California ...
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sonofreasonComment removed: Hard Banned6 Replies
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tehranchik7 months, 2 weeks ago
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I only watched the first few mins. I don't know what the law is on this. I've heard and read about people going through this before and it seems as though the individual loses out in the beginning but is let go with no charges as long as there is no physical attack on the officers.
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Bkumm7 months, 2 weeks ago
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This guy is a clown. Yes, he has guts, but he's still a clown.
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And he's wrong. Under the Constitution, it does not say that a person is absolutely secure in their persons and possessions. It is true that they can not be searched without a warrant, but even that right is fluid.
His problem was that he was trying to provoke a reaction and he was wrong. Let's have an example:
Let's say that Abdul Mohammed Akmed Al-Killemalli is driving down the road from Chicago to Detroit. As he's driving along he passes through an Immigration check point. Based on information passed on to the Border Patrol from the FBI a vehicle roughly matching the description of the vehicle being driven by Mr. Al-Killemalli was used in a bank robbery in Chicago in which four people were killed. The Border agents pull over the vehicle cautiously and, based on the information, proceed to verify the identity of Mr. Killemalli and his vehicle. He co-operates and, once it is established that they aren't looking for him, he continues on his way. The next person pulled over is the clown in the video. His car matches the description. Is he still right?
Are they wrong?-
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jovial7 months, 2 weeks ago
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The officer admitted that they didn't really have any reason to suspect him or the vehicle that he was driving to be implicated in any kind of offense. Wouldn't it be proper for the officer to say something like, "We suspect this vehicle has been used to commit a felony" or "We have suspicion that a person matching your description, has committed a crime." Or can they just make upthe suspicion and search you anyway?
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PsychoHosebeastComment removed: Spammer, Abusive6 Replies
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jaschu7 months, 2 weeks ago
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In high school I was stopped coming back between San Diego and the Inland Empire. I was going a little fast as I was being told to slow down.
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I refused the search of my trunk as he had not reason to warrant such action.
You do not have to allow the search and it is only allowed if you are thought to have committed a crime that warrants such action or the life and safety of the officer was at risk.
In my story I finally informed the border agent that his request was being denied and any evidence found within the vehicle could not be used against me.
He told me that I was correct and I opened the trunk and there were the body boards and ice chest and bags. He asked if he could look in the ice chest and I refused at that point and stated I reserve my right to unlawful search.
I closed the trunk and continued on my way.-
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aceofspades17 months, 2 weeks ago
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Jaschu - the same thing happened to me while I was driving near the Salton Sea - I'm from the east coast so an immigration checkpoint was something new tome- I was brought up in a time when we were taught about the Nazis checking papers arbitrarily on the street & how Russians needed internal passports.
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I thought this is not the America I know & I told the armed & uniformed agent so & refused to comply - maybe he passed me on because I don't have a Spanish accent
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PainGoddess7 months, 2 weeks ago
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Does anyone think it strange that Homeland Security has CHECKPOINTS within our borders???
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I do think that you have the right to refuse a search.
The agents can get a warrant but that takes time and there may not be a reasonable cause to search your person or vehicle.
This is within the US I presume and not at the border where your rights are a bit gray.-
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jovial7 months, 2 weeks ago
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Living in California it's not strange at all. The border check points are on all the major highways north of the california/mexico border. I think it's to deter illegals that entered illegally to catch a ride to L.A. and other points within the interior of the country.
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aceofspades17 months, 2 weeks ago
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I do think that you have the right to refuse a search
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There was a Supreme Court descision on that just this week. & they agreed with what you are saying - funny thing is the most conservative - Thomas & Scalia voted with the most liberal - Stevens, Ginsberg & Souter.
This is America Land of the Free & we must be ever vigilant of transgressions upon our liberties
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tadair9197 months, 2 weeks ago
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no it isn't. if he would have showed them his ID then he would have admitted to being a body of the corporation and they could have arrested him on the spot.
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since he maintained that he was a free person, they could not apprehend him.
yes. the laws are really this way.
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calitennflo7 months, 2 weeks ago
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The Bill Of Rights Govern this particular situation: as they provide we are able to carry out that right. The 4th amendment is the one to look at.
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Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
or-inclusive, if not...here it means either or both.
The United States, the several legislatures, the Supreme Court...all of government are guilty, in June 2006...to save one George Bush's what? from search and seizure of intellectual property...they spy via the ear and listen to what you think. -
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sonofreasonComment removed: Hard Banned1 Reply
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CHAM7 months, 2 weeks ago
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My Grandson got stopped in Texas like this. He showed his License and his car was searched. Not being from Texas he didn/t have Texas tags. He was held around 30 minutes. They let him go but he asked why he was stopped. They said he looked like a Mexican. A good suntan he has, a Mexican he is not. He was wearing sunglasses. He thinks that is really why he was stopped.
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fjgalt7 months, 2 weeks ago
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In the early 1970s, my brother related a story about a fellow college student from West Germany. She had driven across the United States and was amazed that she was never stopped once by anyone in authority to be asked to show her ID. She fell in love with America and wished the whole world could be like us.
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America was a free country. Nowadays, she might have felt more at home (as we become more like a police state). -
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tehranchik7 months, 2 weeks ago
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Here's what I found out today. - from a lawyer. IF it's border patrol or near a border there is a written policy. Checks MUST be random - like say every 15th car. The officers can't just stop anyone they please. Now, if you refuse to be questioned they can turn you around the way you came. They are allowed to stop you and question you. Search is a different ball game. If they decide that there is reason to search during their questioning, probable cause - maybe they see a pack of rolling papers or anything suspicious - they can certainly take you from your vehicle and detain you while they search. If there is NO probable cause they can not search your vehicle.
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I learned this from an Oregon attorney who has fought to prevent school athletes from being drug tested. -
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fjgalt7 months, 2 weeks ago
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Often, the reasons we have to act against the Constitution is because we have acted contrary to it in the past. For example, before the Great Society programs under president Johnson in the mid-1960s (and the creation of a welfare society, unauthorized by the Constitution), Mexicans freely crossed the border into the U.S. (ever since the U.S. existed), worked for a while and then went back to their homes. Once the welfare programs were available, and later the laws to prevent them from crossing the border, they simply stayed here rather than risk trying to get back in later. We created the problem of illegal aliens.
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So, now we violate the Constitution again (two wrongs to make a right) with police ID checks. A similar case can be made for the war on drugs.
A historical note: until the 20th century, Americans were free to leave and enter the country without passports and to carry with them whatever cargo and wealth they wished. The only checks were for immigrants with health problems. -
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cowboygrandpa7 months, 2 weeks ago
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First off. I don't know why they wanted to check him out.
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Secondly, I don't know why he was being so obstinate with the agents.
All they had to do was take down his license plate number and pass it along to the highway patrol, state police or whoever and they would pull him over.
Stupid to make oneself a target for no need.
I'm quite sure he now has a file on him.-
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alakazam7 months, 2 weeks ago
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Hey...my fingerprints are on file all over the world...so what?
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It was part of a job I used to do.
That does not give the cops a right to run my prints or ID arbitrarily.
The state has no right to demand biometric information at whim
Smacks entirely to much like a foundation for whim Death. -
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Natureboy7 months, 2 weeks ago
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I have at least one file on me and I would expect that most of my friends do also.
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If you were born and raised here, and DON'T have a police or FBI file on you, what have you been doing with your life? Not challenging authority, I am guessing.
Get with it and get a file, Grandpa! Time's a wastin'.
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DarkWizard7 months, 2 weeks ago
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Icantwait7 months, 2 weeks ago
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My Fellow Americans: Illegal search and seizure, is in the Constitution, without probable cause. Anything can constitute probable cause but generally hardly anyone is stopped since the border patrol has particular criminal behavior they are alerted to watch out for on a day to day program. In these trouble and uncertain times I don't think it is uncalled for if they ask you if they can search your vehicle. It is also your right to refuse. Yet, they can just turn you away form entering the country. All such circumstances should be agreeable to everyone in this day and time. We do need to look out for the safety of this country and all it's people, at the same time, respecting everyones rights are a priority. The Real American
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SandmonsterComment removed: Hard Banned
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SandmonsterComment removed: Hard Banned
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RedstateLib7 months, 2 weeks ago
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If a terrorist tried to abduct me on the street most Americans would come to my aid. If the government tried to detain me without cause on the street most Americans would look the other way. I fear the infringement of my rights by the government more than I fear being killed by terrorist. "Live free or die" is more than just a cute slogan.
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ppiittuu7 months, 2 weeks ago
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my brother, his friend, and i (all hispanic) were stopped on the way to my college, to drop me off, by a border agent at a checkpoint in southern california. my brother and his friend were not citizens at the time but they had passports and had obtained all the necessary permits to travel within california.
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we were detained even after all the permits were presented. we politely complained, the agent responding to the bad treatment he had received by the mexican border agents when he was down there. i started to say "i don't care how you were treated..." at which point things got a little worse. we were let go in a few hours.
i think we were stopped because we were young hispanics. and i suppose what i started to say wasn't the smartest thing to say! hey i was 15 at the time...
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