"The checkpoints are described as "the third layer in the Border Patrol's three-layer strategy", following "line watch" and "roving patrol" operations near the border. According to the U.S. General Accounting Office,[2]
"Border Patrol agents at checkpoints have legal authority that agents do not have when patrolling areas away from the border. The United States Supreme Court ruled that Border Patrol agents may stop a vehicle at fixed checkpoints for brief questioning of its occupants even if there is no reason to believe that the particular vehicle contains illegal aliens.[4] The Court further held that Border Patrol agents "have wide discretion" to refer motorists selectively to a secondary inspection area for additional brief questioning.[5] In contrast, the Supreme Court held that Border Patrol agents on roving patrol may stop a vehicle only if they have reasonable suspicion that the vehicle contains aliens who may be illegally in the United States—a higher threshold for stopping and questioning motorists than at checkpoints.[6] The constitutional threshold for searching a vehicle is the same, however, and must be supported by either consent or probable cause, whether in the context of a roving patrol or a checkpoint search.[7]"
DHS Checkpoint vids
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Re: DHS Checkpoint vids
While all that is true, there is not law compelling someone to answer the questions or to consent to a search. The Fifth Amendment still applies - even at the checkpoints. If someone is so inclined to stand up for their rights they are not breaking any law by refusing to answer the question of “what country are you a citizen of?” It may be a waste of time but it isn’t illegal.ricor wrote:"The checkpoints are described as "the third layer in the Border Patrol's three-layer strategy", following "line watch" and "roving patrol" operations near the border. According to the U.S. General Accounting Office,[2]
"Border Patrol agents at checkpoints have legal authority that agents do not have when patrolling areas away from the border. The United States Supreme Court ruled that Border Patrol agents may stop a vehicle at fixed checkpoints for brief questioning of its occupants even if there is no reason to believe that the particular vehicle contains illegal aliens.[4] The Court further held that Border Patrol agents "have wide discretion" to refer motorists selectively to a secondary inspection area for additional brief questioning.[5] In contrast, the Supreme Court held that Border Patrol agents on roving patrol may stop a vehicle only if they have reasonable suspicion that the vehicle contains aliens who may be illegally in the United States—a higher threshold for stopping and questioning motorists than at checkpoints.[6] The constitutional threshold for searching a vehicle is the same, however, and must be supported by either consent or probable cause, whether in the context of a roving patrol or a checkpoint search.[7]"
The common saying of these BP guys is, “the supreme court has ruled we can ask this question.” Okay, so what? They didn’t say we have to answer.
"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -- James Madison
Re: DHS Checkpoint vids
I just answer 'I'm from France'
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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- Junior Member
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- Location: Orange County
Re: DHS Checkpoint vids
Just tell them you are from the Greatest Republic on the planet TEXAS.
God Bless and long live TEXAS
God Bless and long live TEXAS
For the joy of the Lord is my strength. Neh 8:10
Re: DHS Checkpoint vids
Jaguar wrote:This is the best one I've seen.
[youtube][/youtube]
Always Carry, Never Tell
NRA Member
Certified NRA Instructor
Licensed CHL Instructor
NRA Member
Certified NRA Instructor
Licensed CHL Instructor