Originally Posted by
Deeg
Originally Posted by Trollkiller
Even if you go by CBP's version of events, weapons were drawn and a LEO (local, state & federal) definitely has to have a good reason to draw his weapon.
And how do you know they didn't have one?
Totality of released information.
Both sides claim that the search was a normal random administrative search. During an administrative search there has to be consent, either active or implied. Once a weapon is drawn to compel the subject of the administrative search there is no longer consent as the subject is seized. This would push the normal administrative search that both sides claim to a criminal search governed by the 4th amendment. Seeing how neither side is claiming a criminal search tells me that the officers did not have good cause to draw weapons.
Add in the fact no one was arrested pretty much seals the deal.
By drawing their weapons in order to facilitate an ADMINISTRATIVE search makes both the seizure and the search UNreasonable. (4th Amendment)
What's your legal reasoning for that one?
No reasonable person would agree that threatening someone with bodily harm or death is the proper way to facilitate an administrative search.