Wanted to have a trip to Las Vegas with my friend for the summer by car. He is in San Antonio, so I decided to pick him up there, and take the I-10. I knew there was a checkpoint near outside the El Paso area, but I had my driver's license with me, and all that, so I thought it might go smoothly for once. BIG Mistake. Should've taken I-40 where there ISNT any Border Patrol checkpoints.
BP: Are you a US citizen sir?
Me: Yes I am.
BP: How about you sir, are you US citizen? (My friend)
Friend: Yes sir.
BP: Could you pull over to the secondary please?
Me: Why am I, or should I go to secondary? Under what suspicion do you have that I might not be a US citizen?
BP: Its something called "Mere suspicion", and I am asking you right now to go over to secondary.
Not wanting to piss of the guy even more, I did. There, they ask for my ID, grill me with questions such as "Where did you come from?" "Where are you going?" I swear I wanted to yell at them "None of your f**king business!" in my head. In my mouth, I was too intimidated to say that of course. I forgot to mention, I am Hispanic, born and raised in Texas all my life. So I see where their "mere suspicion" comes from. They took my ID for 20 ~ 30 minutes while they question me. After I get my ID back, they told me that I am required to carry some kind of identification proving that I am a US Citizen. Wanting to go on my way, I said alright, and just left.
Now thats not the best part. While I traveled up to I-25 to connect up to I-40 (Not wanting to deal with this crap any more by continuing on I-10, faster to get to Las Vegas if I get up to I-40 anyway, and gotta pick up another friend who attends UNM in Albuquerque), a border patrol TRUCK coming OPPOSITE direction probably saw me(remember, I am hispanic), flipped a b**ch, then PULLED ME OVER! ! He said the reason was because I had a Texas License plate! YEAH RIGHT!! And repeat the same thing that happened back in BP Checkpoint! !!
Question I have is: What is this mere suspicion crap? Is the Border Patrol car that pulls you over is basically a roving checkpoint? I saw something like this earlier, but I never found the answer. What are my RIGHTS? I might go back to the same area, get pulled over, and asked them what constitutional right they have to pull me over, and basically be an A-hole like they did to me!
Last edited by traveler1595; Jul 1, 09 at 1:32 am.
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Quote:
Originally Posted by traveler1595
After I get my ID back, they told me that I am required to carry some kind of identification proving that I am a US Citizen. :
So the BP is saying you must carry a Passport, Passport Card, US military officer ID card (you must be a US citizen to be a commisioned officer, not enlisted and that has worked for me with CBP before), naturalization cert, or birth certificate with you at all times (Do any other documents show citenship?) ??? Interesting. I guess a lot of us missed the memo on that. I thought to drive a vehicle you only needed a DL?
Texas issues pocket sized birth certificates; (I carry one and it comes in handy for other reasons) will the Feds force all of us to pay for and carry one?
Ciao,
FH
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After I get my ID back, they told me that I am required to carry some kind of identification proving that I am a US Citizen. Wanting to go on my way, I said alright, and just left.
This is the second instance on this board of someone hearing the same thing from BP. In the first case, law dawg said that the BP agent was wrong. The BP agent is absolutely wrong, but that won't stop anyone on a power trip. They'll "creatively articulate" their reasons for detaining you for hours even while they know you're a USC. I agree with Spiff.
Me: Why am I, or should I go to secondary? Under what suspicion do you have that I might not be a US citizen?
BP: Its something called "Mere suspicion", and I am asking you right now to go over to secondary.
Maybe I'm reading too much into what may be a non-verbatim transcript, but I note that the BP didn't "order" you to secondary, they "asked" you to go to secondary. Sounds like they postured themselves to argue that you weren't being detained, you were merely voluntarily submitting to a consensual interview.
I forgot to mention, I am Hispanic, born and raised in Texas all my life.
Sounds suspicious to me. BTW, do you speak with an accent?
Quote:
Originally Posted by traveler1595
They took my ID for 20 ~ 30 minutes while they question me. After I get my ID back, they told me that I am required to carry some kind of identification proving that I am a US Citizen. Wanting to go on my way, I said alright, and just left.
Now thats not the best part. While I traveled up to I-25 to connect up to I-40 (Not wanting to deal with this crap any more by continuing on I-10, faster to get to Las Vegas if I get up to I-40 anyway, and gotta pick up another friend who attends UNM in Albuquerque), a border patrol TRUCK coming OPPOSITE direction probably saw me(remember, I am hispanic), flipped a b**ch, then PULLED ME OVER! ! He said the reason was because I had a Texas License plate! YEAH RIGHT!! And repeat the same thing that happened back in BP Checkpoint! !!
Question I have is: What is this mere suspicion crap? Is the Border Patrol car that pulls you over is basically a roving checkpoint? I saw something like this earlier, but I never found the answer. What are my RIGHTS? I might go back to the same area, get pulled over, and asked them what constitutional right they have to pull me over, and basically be an A-hole like they did to me!
If everything happened exactly the way you say they did, I'd contact a lawyer (or a few) for a "free consultation". At the very least, you will get some free legal information-- you could always get lucky and find some lawyer wanting to "champion a cause" and willing to take up the case. I would also let the ACLU know about your experience because they have been on a recent tirade related to your debacle: http://www.aclu.org/privacy/spying/a...nfreezone.html
I would recommend that you carry a tape recorder or digital recording device for future use if you have this problem frequently except that I am not familiar with the various applicable wiretap laws and don't want you to become the next Linda Tripp.
Maybe I'm reading too much into what may be a non-verbatim transcript, but I note that the BP didn't "order" you to secondary, they "asked" you to go to secondary.
An old LE word game. They never really "ask" anyone to do anything - they are giving orders.
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Quote:
Originally Posted by Deeg
Umm...Merchant Mariner card?
I am not familar with said cards. Do they only issue them to US citizens or do they list citizenship on the card? If so I will add them to the list I am compiling. thanks.
Ciao,
FH
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about as clear as you can get with the definition of racial profiling (op is hispanic) and a borderline definition of abuse of power/acting under color of authority ("I am asking you right now to go over to secondary") along with a full definition of a baloney sandwich ("I am required to carry some kind of identification proving that I am a US Citizen")
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just my humble opinion but i used to try and stop hockey pucks so what do i know . Nighthawks fans are everywhere
I am not familar with said cards. Do they only issue them to US citizens or do they list citizenship on the card? If so I will add them to the list I am compiling. thanks.
! He said the reason was because I had a Texas License plate! YEAH RIGHT!! And repeat the same thing that happened back in BP Checkpoint! 
Recordati che mi manchi mia bella moglia Piloted 3038takeoffs/3038landings-they still match
. Nighthawks fans are everywhere
