Mere suspicion is all that's needed at a checkpoint.
I have a problem with this. It effectively requires people who look foreign or have an accent to carry "papers" thas making them second class citizens.
Another reason why I think Martinez-Fuerte was a grave mistake.
Quote:
Originally Posted by law dawg
For a roving patrol stop an officer needs reasonable suspicion.
How can a color of person's skin and/or an out-of-state license plate constitute reasonable suspicion?
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I have a problem with this. It effectively requires people who look foreign or have an accent to carry "papers" thas making them second class citizens.
Another reason why I think Martinez-Fuerte was a grave mistake.
Courts disagree.
Quote:
How can a color of person's skin and/or an out-of-state license plate constitute reasonable suspicion?
It can't.
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Quote:
Originally Posted by Black Adder
Trucker friend of mine from Philly, huge wise ..., was bringing a load out of Laredo and while going thru the checkpoint on I-35, an agent with an "funny accent" asked him if he was an American citizen and my friend said he replied "Shouldn't I be asking you that?" They kept him there for 2 hours.
Gotta ask; does your friend have a Philly accent?
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There are a lot of people attempting various legal/non-violent solutions to this problem -- protesting, blocking checkpoints, suing, etc.
Hopefully, one of these will work, but I am increasingly convinced that with respect to these assaults on our liberties, there is no viable non-violent solution -- only when someone stands up and takes back their rights at the barrel of a gun will these transgressions come to an end. Either way, whether these so-called "cops" end up in prison or on a morgue slab, it's all the same to me.
There are a lot of people attempting various legal/non-violent solutions to this problem -- protesting, blocking checkpoints, suing, etc.
Hopefully, one of these will work, but I am increasingly convinced that with respect to these assaults on our liberties, there is no viable non-violent solution -- only when someone stands up and takes back their rights at the barrel of a gun will these transgressions come to an end. Either way, whether these so-called "cops" end up in prison or on a morgue slab, it's all the same to me.
(Emphasis added.)
Congratulations. On a forum which is loaded with hate-filled, often tasteless, posts you have managed to set a new low in both regards.
If you look white, and have no accent, I am positive they will wave you through. But if you are bit..."different", it would be wise to carry a passport or something.
The BP must've thought I was a naturalized citizen or something and telling me to carry my green card maybe?
Resident aliens have green cards, naturalized citizens don't.
At this point, I agree with a few other people here. Start carrying a digital recording device and hit record the instant some BP asstard stops you. Five or ten stops like that, you can take to your local TV station and/or attorney because then it becomes institutional harassment.
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The legal term is "reasonable articulatable suspicion". Reasonable suspicion is evaluated using the "reasonable officer" standard, in which said person in the same circumstances could reasonably believe a person has been, is, or is about to be engaged in criminal activity. Such suspicion is not a mere hunch.
Neither is DWB (driving while brown), which is what the stops the OP is experiencing boil down to.
That's the legal theory, anyway. In real life, PC and RAS are whatever the cop says it is, unless you've got a real stickler for a judge. Most judges give law enforcement a wide latitude of allowable judgments, in most cases way too much latitude IMNSHO.
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Quote:
Originally Posted by polonius
There are a lot of people attempting various legal/non-violent solutions to this problem -- protesting, blocking checkpoints, suing, etc.
Hopefully, one of these will work, but I am increasingly convinced that with respect to these assaults on our liberties, there is no viable non-violent solution -- only when someone stands up and takes back their rights at the barrel of a gun will these transgressions come to an end. Either way, whether these so-called "cops" end up in prison or on a morgue slab, it's all the same to me.
Did someone else get a hold of your FT login password?
In the past you’ve participated in non-violent protests, and you don’t think highly of citizen gun ownership.
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