jkhuggins

Obligatory link:

Why You Should Never Talk To The Police

Disclaimer: I've never been in this situation, so I don't know what I'd do in that situation. But I can certainly understand the point of view of those who choose not to answer questions more than is strictly required.

wildcatlh

I've seen more than one case where a person who was completely innocent of any crime, but questioned in connection with an investigation, said something to an officer that the individual thought was completely innocent, but the officer thought suspicious, and was dragged through the courts (and occasionally convicted) because of it.

Never talk to the cops outside of the presence of an attorney.

N1120A

Checkpoint is legal under very limited circumstances. The Agent (I wonder if it was the Agent Cantu who got your agency's predecessor slapped by the Supremes for his illegal search) is allowed to ask about citizenship. He's not allowed to ask about drugs. He's not allowed to search the vehicle under any circumstances unless he has probable cause.

The Sierra Blanca checkpoint is notorious and has been the subject of the most litigation, resulting in decisions both ways.

CargoHoldFlyer

REALLY, Wow.... look let's be honest. I'm a proud immigrant and US Citizen. I came here from a country where it was normal to be thrown in jail just for the heck of it. Where the "Authorities" could drag you out of your house/car/office and lock you up for weeks without a word. Where you HAD to answer why you looked the wrong way at the "AUTHORITY" etc....

I came here because I couldn't believe that HUMANs can be treated that way. And everywhere I look people are just bending over in the "LAND OF THE FREE" and saying a little harder please.... C'mon - you don't see anything wrong with the "authorities" just stopping anyone for no reason and asking any question they feel like?

Have you read the Bill of Rights?

I'm sorry - I know I went off on this but it's just too many people I talk to these days are just willing to accept this unending abuse of freedom.... Sad part is - most people don't know what it is they're giving up.... and how precious/unique it is.

ibdsux

Ding! The questioning is certainly a ruse designed to give the dog a chance to sniff for drugs. As an added bonus, the responder may say something that gives the officer probable cause to search your car. Answer the citizenship question and that's it.

In my perfect world these checkpoints would be shut down immediately. There is a place to catch illegal immigrants and smuggled drugs, and that is at the border. That the government allows the border to remain porous while they use use these inland checkpoints to harass law abiding citizens is an outrage.

FliesWay2Much

There are many of us (way beyond FT) who believe that a federal agent asking this question under ANY circumstances without reasonable suspicion is way outta' line.

It's interesting that the courts have ruled that the state and local yokels can't run a drug dog or any other general law enforcement activity at a sobriety checkpoint, but the feds have gotten away with it -- so far.

Come to think of it, the locals DO get away with writing people tickets for seatbelt violations, broken tail lights and expired inspection stickers at sobriety checkpoints. Guess nobody has blown their own life savings suing them yet.

ElPasoPilot

They can be and often are personal.

There are many checkpoints in that area near El Paso. Some permanent, some mobile w/ trailers. They constitute the virtual "second border" throughout the Southwest states with checkpoints on nearly every road leading away from the border zone at some point between 40 and 100 miles north of Mexico.

Just as with a BDO, the answers to the questions are often irrelevant. An officer with a chip on his shoulder who get's a wrong "read" on a driver will start the rapid fire series of personal questions, with many repeats, looking for a crack. Once they have taken that path, it is difficult to get them to disengage.

It is personal, intrusive, and intimidating, and meant to be so.

Most of the border personnel I have dealt with have been respectful, some have not. I can see how someone who fits their "profile" can feel harassed if they have to deal with these folks on a regular basis going back and forth on trips you and I take for granted every day.

Firebug4

I am sorry but I have to disagree and so do the courts so far. The primary reason for the checkpoint is Immigration Status. However, if reasonable suspicion is developed the vehicle or occupants can be sent to secondary. If probable cause is developed then a vehicle can be searched. The agent is allowed to ask additional questions, you as always do not have to answer. Your failure to answer can not be the only reason to trigger a secondary.

FB

Herb687

This type of thing isn't confined to the southern border. Happens up north too. Saw one of these over on the southbound side of I-87 heading towards Lake Placid, NY and then got stopped at a different one on some country backroad heading SW out of Lake Placid towards Utica.

Ari

But it can be a reason?

ND Sol

Can refusal to answer be any part of the reason to trigger a secondary?

essxjay

Thanks for the reminder that 'border' is inclusive of coastal boundaries :

mozgytog

Use of the word 'failure' is prejudicial and implies that the person being questioned has done something wrong in not answering, when I. Fact there can be no 'failure' to do something if no duty t do that thing exists.

Way to try and spin it, though. Very subtle.

Use of the word 'failure' is prejudicial and implies that the person being questioned has done something wrong in not answering, when I. Fact there can be no 'failure' to do something if no duty t do that thing exists.

Way to try and spin it, though. Very subtle.

SWCPHX

For all of you hyperventilating over a Border Patrol checkpoint on an interstate, do you hyperventilate and panic the same way when you see a highway patrol car, a motor officer on a city street, or some other form of LEO?

What is the difference?

Herb687

The difference is that highway patrol cars or motorcycle officers on city streets don't pull people over for fishing expeditions without probable cause. Ordinary LEOs don't (legally) get to do traffic stops "just because."

I guess an exception would be roadside sobriety checkpoints run by state or local LEOs and yes I do hyperventilate and panic over those. They shouldn't exist. Even more disgusting an intrusion on our civil liberties are those jurisdictions that allow roadside blood samples to be compelled. Truly appalling and worthy of much hyperventilation and panic!