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Old May 25, 2009 | 7:41 pm
  #31  
 
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Originally Posted by FliesWay2Much
If you read through the legal cites on the website I referenced, the Border Patrol doing this is different than a garden variety cop doing it. In this case, it's clearly a roving border patrol checkpoint. The stop and subsequent investigation has very strict reasonable suspicion and probable cause criteria attached to it.
It is not a roving checkpoint. It's a roving vehicle stop. I can't make that more clear. A roving vehicle stop requires reasonable suspicion to make. A roving checkpoint is a non-permanent checkpoint that is put up on occasion but that operates in all other aspects like a checkpoint. IOW, no cause is required to make a vehicle stop. I've worked both permanent and temporary checkpoints. I've also done traffic stops. They are markedly different.

A cop making a traffic stop generally does so with PC to believe a crime has been committed - a traffic violation or similar. As the USBP doesn't enforce those laws they are making, in effect, a forced detention (as in Terry Stop). That requires reasonable suspicion.
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Old May 25, 2009 | 9:09 pm
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Originally Posted by law dawg
It is not a roving checkpoint. It's a roving vehicle stop. I can't make that more clear. A roving vehicle stop requires reasonable suspicion to make. A roving checkpoint is a non-permanent checkpoint that is put up on occasion but that operates in all other aspects like a checkpoint. IOW, no cause is required to make a vehicle stop. I've worked both permanent and temporary checkpoints. I've also done traffic stops. They are markedly different.

A cop making a traffic stop generally does so with PC to believe a crime has been committed - a traffic violation or similar. As the USBP doesn't enforce those laws they are making, in effect, a forced detention (as in Terry Stop). That requires reasonable suspicion.
At one point the BP tried to argue that a stop similar to the one the OP described was a roving checkpoint. The courts had a good laugh and told them "no".
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Old May 25, 2009 | 9:24 pm
  #33  
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Originally Posted by FlyingHoustonian
Just having certain states' plates will get your pulled over sometimes.

My friend is a cop in suburban St Louis. They pull over any Texas or California plates they see. Their position/argument is that so many of them transport drugs in their area it is valid. Not saying it is but that is what they do.
Which suburb? My rental from the STL Hertz a couple weekends ago had Texas plates.
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Old May 26, 2009 | 9:20 am
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Originally Posted by RadioGirl
As there's no Popeye's in Australia, it's on my (very short) list of "things for which I would consider running the TSA gauntlet."
They have Popeye's chicken in Canada, RG, and at Changi Airport in Singapore.
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Old May 26, 2009 | 9:32 am
  #35  
 
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Originally Posted by FlyingHoustonian
My friend is a cop in suburban St Louis. They pull over any Texas or California plates they see. Their position/argument is that so many of them transport drugs in their area it is valid. Not saying it is but that is what they do.
Which St. Louis suburb is that?

I have CA plates and travel to St. Louis quite often. Have not yet had a problem. I hope it stays this way.

And tell your friend that if he pulls me over and cannot articulate at least some reasonable suspicion, I will be coming to St. Louis even more often - to pursue a civil lawsuit against him, his department, and his jurisdiction. Not all of us are obedient sheep.

And no, I will never consent to a search or open my trunk for him.
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Old May 26, 2009 | 1:16 pm
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Originally Posted by Trollkiller
At one point the BP tried to argue that a stop similar to the one the OP described was a roving checkpoint. The courts had a good laugh and told them "no".
As they should have. It's nonsense. Roving patrol stops are just that, and require the appropriate level of suspicion.
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Old May 26, 2009 | 6:07 pm
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Originally Posted by greggwiggins
Whoo hoo, I've got four hours at Changi on Friday! Love that chicken! Thanks!!!

(We now return you to the debate on random BP checks, already in progress. )
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Old May 27, 2009 | 8:37 am
  #38  
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Originally Posted by law dawg
It is not a roving checkpoint. It's a roving vehicle stop. I can't make that more clear. A roving vehicle stop requires reasonable suspicion to make.
What does reasonable suspicion mean? After all, they found 21 illegal immigrants and it being Southern California I would guess the result would be similar if they did it again.
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Old May 27, 2009 | 8:49 am
  #39  
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It sounds as if the stop was bogus - white guy in a vehicle with Texas plates on a side highway.

How do I file a complaint? I do remember the guys name.

Oh yeah, if you haven't tried it, Chicken Express chicken is even better than Popeye's - had it this trip as it was the only place open on Sat night. Damn it was good. :licks lips:
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Old May 27, 2009 | 8:59 am
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Originally Posted by pigbill
It sounds as if the stop was bogus - white guy in a vehicle with Texas plates on a side highway.

How do I file a complaint? I do remember the guys name.

Oh yeah, if you haven't tried it, Chicken Express chicken is even better than Popeye's - had it this trip as it was the only place open on Sat night. Damn it was good. :licks lips:
I don't think your complaint will go anywhere as you were not "harmed" other than a very brief seizure but making a complaint will let them know someone is paying attention.
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Old May 27, 2009 | 10:06 am
  #41  
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Originally Posted by MikeMpls
Which suburb? My rental from the STL Hertz a couple weekends ago had Texas plates.
St Charles, O'fallon, or Kirkwood. It is one of those three (I do know which one). As it is not his personal policy but department policy I don't want him getting any flack. He is one of the few cops on this planet I like.

This is nothing new though. I know several cops that target out of state tags for speeding tickets and the like. They tell me these people are less likely to fight the ticket and just pay the fine.

I used to have a hunting lease that literally back up onto the Rio Grande. The "insert your politcally correct and or motivated word here" people who were "traveling" north would take deer corn out of feeders and boil it to eat and drink horse bucket water one always had to be careful what one was shooting at (not that you shouldn't anyway) because there were BP agents that would drive the river and aliens that would try and get up to the highway to be picked up. Interesting times.

Ciao,
FH
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Old May 27, 2009 | 10:45 am
  #42  
 
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Originally Posted by FlyingHoustonian
And yes Popeye's rocks. I will drive from the Dreilandpunt area over two hours to Spangdahlem Germany just to eat at their Popeye's. ^^

Ciao,
FH
Spang has a Popeye's now? Geez, when I was there in the 80's we had to go to Treir just to get McDonalds!
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Old May 27, 2009 | 10:57 am
  #43  
 
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Originally Posted by pigbill
It sounds as if the stop was bogus - white guy in a vehicle with Texas plates on a side highway.

How do I file a complaint? I do remember the guys name.

Oh yeah, if you haven't tried it, Chicken Express chicken is even better than Popeye's - had it this trip as it was the only place open on Sat night. Damn it was good. :licks lips:
NO WAY Chicken Express is better than Popeye's. I have both within 2 miles of my house, and, in the interest of scientific method and analysis, I've sampled them both extensively. Popeye's is the clear winner.

Then again, like the definition of reasonable suspicion, it's probably in the eye of the beholder.

(Like how I worked that into the OP, mods?)

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Old May 27, 2009 | 10:58 am
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Originally Posted by Fredrik74
What does reasonable suspicion mean? After all, they found 21 illegal immigrants and it being Southern California I would guess the result would be similar if they did it again.
Reasonable suspicion to believe that a crime may have or may be taking place.
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Old May 27, 2009 | 12:24 pm
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Originally Posted by TSORon
Spang has a Popeye's now? Geez, when I was there in the 80's we had to go to Treir just to get McDonalds!
There is a Taco Bell as well, though I find it horrid.

There is a Popeye's at Aviano and was one at Sigonella as well, that became a KFC, then closed for renovations recently.

Ciao,
FH
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