Border Patrol - random sideroad stop
May 29, 2009 | 5:33 am
#46
Join Date: Apr 2007
Location: LAX
Posts: 453
After the people has crossed the border illegally, they met up with their drivers at a meeting point and they were driven to LAX to catch flights across the US. On occassion you would see BP chasing people through traffic on foot.
May 29, 2009 | 4:48 pm
#47
Join Date: Jan 2009
Posts: 340
This past week I have been travelling in Texas and New Mexico. On a rural road about 20 miles outside of Deming, NM I was pulled over by a border patrol agent and asked why I was in the area. He commented that he didn't see too many Texas license plates (I was 80 miles to El Paso), and was curious as to why I was there.
While he never asked for ID or for my name, he did ask if I was a US citizen. Later at the hotel I checked out what I could find on the border patrol and its authority and I cannot determine how what he did was legal. Was it?
I did get his name and can detail where this occurred if it is worth filing a complaint against him.
Oh yeah, he was in a pick-up truck with roof lights and he carried a sidearm, unlike those who asked my citizenship at the I-10 checkpoint.
While he never asked for ID or for my name, he did ask if I was a US citizen. Later at the hotel I checked out what I could find on the border patrol and its authority and I cannot determine how what he did was legal. Was it?
I did get his name and can detail where this occurred if it is worth filing a complaint against him.
Oh yeah, he was in a pick-up truck with roof lights and he carried a sidearm, unlike those who asked my citizenship at the I-10 checkpoint.
May 29, 2009 | 4:50 pm
#48
Join Date: Jan 2009
Posts: 340
Sorry for the very short reply last night about my ethnicity - I had been enjoying some micro brews and couldn't think beyond 1 sentence when I got back to my hotel 
What I can't understand is how reasonable suspicion can be inferred from driving down a country road. In my case I was on State Highway 549 which runs parallel to I-20. After stopping in Deming I wanted different scenery so I took the state highway for ~ 40 miles or so - that is reasonable suspicion?
Wow, if that is the case, it is very scary in how far we have gone in giving up our rights.
What I can't understand is how reasonable suspicion can be inferred from driving down a country road. In my case I was on State Highway 549 which runs parallel to I-20. After stopping in Deming I wanted different scenery so I took the state highway for ~ 40 miles or so - that is reasonable suspicion?
Wow, if that is the case, it is very scary in how far we have gone in giving up our rights.
May 31, 2009 | 3:30 pm
#49
Join Date: Dec 2004
Location: Southern California
Posts: 898
Obviously, La Migra thinks otheriwse.
I am going to ask you again: are US Citizens now required to carry their papers while traveling internally? If so, please cite the relevant law. If not, why is La Migra stopping and interrogating people?
Your organization scares me.
May 31, 2009 | 5:35 pm
#50
Join Date: Aug 2004
Posts: 4,704
Last time I checked people had rights to travel anywhere they wanted within their country without being harrassed.
Obviously, La Migra thinks otheriwse.
I am going to ask you again: are US Citizens now required to carry their papers while traveling internally? If so, please cite the relevant law. If not, why is La Migra stopping and interrogating people?
Your organization scares me.
Obviously, La Migra thinks otheriwse.
I am going to ask you again: are US Citizens now required to carry their papers while traveling internally? If so, please cite the relevant law. If not, why is La Migra stopping and interrogating people?
Your organization scares me.
Jun 1, 2009 | 9:02 am
#53
Join Date: Dec 2004
Location: Southern California
Posts: 898
And as you have stated, the traffic stop by CBP requires reasonable suspicion. Please explain how traveling on a particular stretch of the road rises to this level, which is what Centurion210 stated.
And where in the case law is there a requirement for a US Citizen to carry papers?
And where in the case law is there a requirement for a US Citizen to carry papers?
Jun 1, 2009 | 9:11 am
#54
Join Date: Mar 2007
Location: Somewhere near BWI
Programs: DL DM, HH Dia, SPG Gold, MR Plat, Hertz PC
Posts: 3,654
- Prove your "lawful presence" in the United States with some form of definitive proof (see Maryland's definitions here), or
- Be held, indefinitely, by the "authorities" until your identity and "lawful presence" are validated to their satisfaction, ergo
- de facto requirement for all US citizens to carry their "lawful presence" documentation at all times when within 100 miles of any US/interational border crossing
Note - I use the term "lawful presence" since that is the artful term that Maryland is using as part of their compliance requirements in advance of the REAL ID deadline.
Jun 1, 2009 | 9:18 am
#56
Join Date: Dec 2004
Location: Southern California
Posts: 898
I don't think there is anything in any of the case law reviews that I have read. IMO, it basically boils down to:
Note - I use the term "lawful presence" since that is the artful term that Maryland is using as part of their compliance requirements in advance of the REAL ID deadline.
- Prove your "lawful presence" in the United States with some form of definitive proof (see Maryland's definitions here), or
- Be held, indefinitely, by the "authorities" until your identity and "lawful presence" are validated to their satisfaction, ergo
- de facto requirement for all US citizens to carry their "lawful presence" documentation at all times when within 100 miles of any US/interational border crossing
Note - I use the term "lawful presence" since that is the artful term that Maryland is using as part of their compliance requirements in advance of the REAL ID deadline.
Jun 1, 2009 | 9:20 am
#57
Join Date: Mar 2007
Location: Somewhere near BWI
Programs: DL DM, HH Dia, SPG Gold, MR Plat, Hertz PC
Posts: 3,654
I never said that it did square with the Constitution or its Amendments. I was posting what I believe to be the way that the federal government and its out of control agencies believe things are supposed to work.
Jun 1, 2009 | 9:26 am
#58
Join Date: Dec 2004
Location: Southern California
Posts: 898
Question is: What can We, the People, do about it? Another Boston Tea Party of some form?
Jun 1, 2009 | 5:29 pm
#59
Join Date: Aug 2004
Posts: 4,704
And as you have stated, the traffic stop by CBP requires reasonable suspicion. Please explain how traveling on a particular stretch of the road rises to this level, which is what Centurion210 stated.
And where in the case law is there a requirement for a US Citizen to carry papers?
And where in the case law is there a requirement for a US Citizen to carry papers?
Jun 2, 2009 | 8:23 am
#60
Join Date: Dec 2004
Location: Southern California
Posts: 898
Furthermore, what exactly are the limits of their "discretion"? Is there an objective standard they have to follow or can they just say: "I don't believe that you are a US Citizen and you don't have any proof. Therefore, we are detaining you".
Is there any law as to how long they can detain you?
Finally, I believe the subject of the thread is random stops by La Migra, not checkpoints. Those goons seem to think they can stop anybody and ask for their papers anytime they want.