San Diego teacher detained after refusing to answer BP question
 

From the LA Times:
http://www.latimes.com/local/lanow/l...story,amp.html

"San Diego County middle school teacher Shane Parmely was detained for more than an hour by Border Patrol agents at a checkpoint in New Mexico because she refused to say whether she was a U.S. citizen.

Parmely’s family helped her film the incident, which she posted Friday evening on her Facebook account in several segments that were widely shared. Parmely told Border Patrol agents that she believed she did not have to answer their questions. One agent showed her a card listing immigration law and a Supreme Court case decision that give Border Patrol agents authority to operate checkpoints within 100 miles of the border and to ask questions about citizenship without warrants..."


She is white but she said she is sick of other people being hassled and profiled. Pretty gusty lady in my opinion.

Well Done!
 

I'm surprised they didn't parade the dog around the car to "find" drugs.

I was surprised to read in the ACLU's Know Your Rights with Border Patrol leaflet, which was linked in the cited article, that the Border Patrol agents' conduct was perfectly legal:

Youtube has plenty of videos of drivers who encounter this "obedience test" of having to say whether he/she is a US citizen at these "internal border checkpoints" (oxymoron?).
Any 10-year old would ask-- what if the person just lies?
Anyway, one that sticks out in my mind was Steven Anderson, I think he got to the checkpoint and kept asking "What is this? NAZI Germany?
I didn't just cross in from Mexico. I thought I had a right to travel unmolested through the USA." They ended up smashing his door window and beating him up...and the "dog alert" thing was tied it as well.
For those that don't know, the cops will egg on the dog to bark or squawk or wag its tail any time they want, as a means to circumvent the 4th Amendment.

It doesn't even have to be malicious on the part of the cop, though I'm certain it often is. Dogs are strongly adapted by evolution to want to please their human masters and to read the emotions of those humans. The dog knows the handler wants an alert; the dog obliges.

Good for this woman standing up for herself. Also good to see evidence of law enforcement mistreating white people. This really should be less of a race issue and more of a civilization vs police-state issue as the reality is that people of all races are being mistreated by the police and there is little to no police accountability.

I've stopped at the checkpoint on I-25 in New Mexico. Why the need to not answer? I was on my way in seconds after answering a few questions. Pick your battles people... She was a moron in my opinion.

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I equate this incident to an DUI checkpoint. Officer asks if I've been drinking, I say no. He doesn't smell alcohol so I'm on my way in no time. Refusing to answer causes needless delays.

A good friend of mine is such a prick with TSA that his wife refuses to fly with him if possible. We attend the same conferences, of which she often attends with him but she will often pick my flights instead of his just to avoid the scene he makes. As she puts it, it's way less stressful to travel with me. Plus I have club membership and she likes the free drinks.:)

I associate it with 'papers, please'. I expect that in foreign dictatorships. I don't expect it and I despise it in my own country.

If it's a pointless trivial exercise, then why are taxpayers footing the bill for this cr*p? What is the ROI on setting up these stops to catch what they failed to catch at the border? 99% harassment of innocent citizens and waste of taxpayers' money, plus it reinforces the growing requirement to identify yourself and produce your documents at any time to any government actor who demands them.

Except I've never been asked for any kind of ID, just a couple of questions and I'm on my way. Agents are looking for nervous behavior, potential drug running, etc. If people didn't commit illegal acts, there would be no need for this. Be upset with the people that run drugs, illegally cross the border, etc.

Take it up with the Courts and your local Congressman if you want change, pretty sure FT postings will do nothing.

Back to the mom, she decided not answering the simple question and delaying her return (with kids in the car) was a high priority. She is the very teacher I would prefer my kids never be exposed to.

Keep in mind about 200,000,000 people live within this "extra Constitutional" 100 mile zone. No idea how this can be compatible with the Bill of Rights. I bet this kooky rule was stapled onto one of those massive Omnibus Bills and no one noticed.

I was also surprised to read that. "Conservative Supreme Court" has taken on a new meaning since Scalia's reign began (and appears will continue indefinitely now that he's gone). It used to mean rigid adherence to the precise language of the Constitution, read in the context of the Founder's intent. Now it means, "we'll ignore the Constitution if it fits our political agenda."

I agree with you, Chollie. The difference between us and Nazi Germany, and the one thing that is supposed to keep us from becoming like Nazi Germany, is the Constitution and, particularly, the Bill of Rights. Though the Supreme Court has said otherwise, my professional opinion is that the Fourth and Fifth Amendments preclude this kind of compelled and coerced response (though I think the judicial rationale for sobriety checkpoints is correct). I applaud this teacher for her understanding, albeit visceral, of the bases ofr liberty set out in the Declaration of Independence and secured by the Bill of Rights.

I'm not a lawyer (I realize you are), but don't you think the founding fathers of our great nation never fathomed the idea of illegal activity being such a problem on our southern border? I'd rather make some compromises and a simple stop and a few questions with a few minutes lost of my time, rather than see yet another load of whatever makes its way into the United States. No doubt these stops don't catch everything, but I'm all for making it as difficult as possible for the criminals.

I'd also love to walk right from my car to the gate to board the airplane without being stopped, but our unfriendly terrorist groups screwed that up decades ago.

I'm not disagreeing with you, but how do you propose we minimize the entry of drugs, Illegal entry, human trafficking?

I went through one of these on the I-10 in west Texas... I don't think I even had to stop. It was just a nuisance, go from speeds of 75 mph down to 10 or so, slow enough so that an agent can look inside your vehicle. Then you move on.

We were moving. Had 2 SUVs loaded with stuff, including pets, and one towing a trailer. Nothing said or anything more than a nod given.:rolleyes:

There is/was a Border Patrol checkpoint on I-5 between San Diego and Los Angeles just south of San Clemente. I haven't seen it staffed in years. Years ago, when it was open, my experience was similar to yours. I will note, however, that I am caucasian/white, and I was allowed to pass without being stopped or asked about my citizenship even before I became a US citizen.

This one is purely a government make-work program. They rarely ever stop cars anymore - and definitely not during peak traffic times. The times I have driven through it when it was staffed I nor anyone I know has ever been asked a question about their citizenship.

The fact that you can pretty much tell when it's not going to be staffed makes it useless to catch anyone knowingly trying to smuggle people through it.