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Old Jun 13, 2009 | 3:10 pm
  #91  
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Originally Posted by AngryMiller
I remember when swat teams were first introduced. Soon there after I noticed the black uniforms on regular police officers, the para military gear, combat boots, bloused pants legs, etc. on regular day-to-day police officers. Even seen it in rentacops at some malls.

This strikes me as folks pretending to be something they aren't and as adults should know better than to play dressup to impress someone.
Just like giving TSO's a badge?
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Old Jun 13, 2009 | 6:20 pm
  #92  
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Originally Posted by Centurion210
That boy went home to his father.

You have a problem with that?
I've got a BIG problem with that, pal.

Elian's final memory of the United States of America -- OUR United States of America -- will be the stark horror of staring down the M-16 barrel of this goon (yes -- goon -- in every sense of the word). Elian will live with this for the rest of his life.

Nobody from Janet Reno down to this guy right out of a Terminator movie had one lick of common sense to say "This is stupid!" I wonder what this officer who, of course, was "only following orders," told his family at dinner that night? The entire legal system of the United States was incapable of solving this situation. So? How did they solve it? Send in the Storm Troopers -- literally. This was totally pathetic.

Reuniting Elian with his father was the proper thing to do. But, like this???
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Old Jun 13, 2009 | 8:32 pm
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Originally Posted by law dawg
First, let's drop the goon, it's not substantive to the discussion.

Second, I'm not sure of your status so I can't speak to you of what happened with the agent. If you are a USC then you need carry no ID for Immigration purposes. If you're an alien, then you must carry ID, either I-551 or non-immigrant docs.

It's up to the alien to prove they're in status. If the agent believes it's a alien but there is no documentation (person claims USC) it's up to the agent to provide the subsequent cause allowing detention. Detentions are always to be brief - there's no standard number set but the situation is looked at with the totality of the circumstances. Usually they're to be measured in minutes, not hours.
They are measured in whatever time the agents wishes it to be measured. An HC writ can take days to obtain, provided someone knows you are being held.
How is this different from the USSR? I did work during the immediate pre-post Soviet collapse. I had notarized copies of my passport, my visa, my police registration. I was dropped off from work at my residence when I was approached by the State Security officer (KGB) and asked for my papers. When I produced the copies with the photocopy license number stamped on each page (you had to get government permission to photocopy things and copiers were licensed and copies logged), he insisted that I had to produce the originals. I could not since there was another rule that required those documents to be presented when purchasing train tickets as proof an individual had governmental permission to travel, and our lawyer had the documents. I was held until those documents arrived. Fortunately someone knew which bar the lawyer was at.

How long before it's here?
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Old Jun 14, 2009 | 10:56 am
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Originally Posted by FliesWay2Much
I've got a BIG problem with that, pal.

Elian's final memory of the United States of America -- OUR United States of America -- will be the stark horror of staring down the M-16 barrel of this goon (yes -- goon -- in every sense of the word). Elian will live with this for the rest of his life.

Nobody from Janet Reno down to this guy right out of a Terminator movie had one lick of common sense to say "This is stupid!" I wonder what this officer who, of course, was "only following orders," told his family at dinner that night? The entire legal system of the United States was incapable of solving this situation. So? How did they solve it? Send in the Storm Troopers -- literally. This was totally pathetic.

Reuniting Elian with his father was the proper thing to do. But, like this???
What should have happened was to arrest the neurotic twit who wouldn't surrender the child, even after a court ordered it. The INS back then and the current CBP has a policy of direct family first. The father wanted his son back. End of that story. The only difference was in the method.

So in that we agree.
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Old Jun 14, 2009 | 1:24 pm
  #95  
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Originally Posted by Centurion210
You can't lump a state category to a federal one.
Right, the feds don't have any powers other than those explicitly given to them in the Constitution. All others, other than any that would violate Constitutionally protected rights, are reserved for the states.

Originally Posted by Centurion210
USBP has a congressional mandate that extends 100 miles into the interior of the US.

Your case law does not apply to BP checkpoints.
I did not cite any specific case law. I was asking what rights that are otherwise Constitutionally-protected are lost within that magic 100 mile zone (edit: when CBP is present). Congress does not have the power to give the Federal government powers that it does not already have under the Constitution. How is a "congressional mandate" is irrelevant when talking about Constitutionally-protected rights?

BTW: Where does the Constitution have the number 100 in it (other than in references to years)? Nowhere.

Last edited by ralfp; Jun 14, 2009 at 2:20 pm
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Old Jun 14, 2009 | 2:08 pm
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Originally Posted by Centurion210
What should have happened was to arrest the neurotic twit who wouldn't surrender the child, even after a court ordered it. The INS back then and the current CBP has a policy of direct family first. The father wanted his son back. End of that story. The only difference was in the method.

So in that we agree.
What should have happened was the original family court order that the father must appear should have been honored. The INS had no claim to it because of the Cuban exception. Granted the child was rescued at sea but the INS lost legitimate claim when they gave the custody of the child to the family.
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Old Jun 14, 2009 | 3:02 pm
  #97  
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Originally Posted by ralfp
How often do LEOs, etc. (eg. CBP) get disciplined, or at least sent for re-education, for failing to know the rights of the people they are sworn to protect and the most basic aspects of the laws they are supposed to uphold?
Not often enough.
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Old Jun 14, 2009 | 6:09 pm
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Originally Posted by Trollkiller
What should have happened was the original family court order that the father must appear should have been honored. The INS had no claim to it because of the Cuban exception. Granted the child was rescued at sea but the INS lost legitimate claim when they gave the custody of the child to the family.
Wrong. The father, a direct family relative, wanted his child returned to him.

Aunts or uncles have no standing over direct family.
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Old Jun 14, 2009 | 7:41 pm
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Originally Posted by FliesWay2Much
I've got a BIG problem with that, pal.

Elian's final memory of the United States of America -- OUR United States of America -- will be the stark horror of staring down the M-16 barrel of this goon (yes -- goon -- in every sense of the word). Elian will live with this for the rest of his life.

Nobody from Janet Reno down to this guy right out of a Terminator movie had one lick of common sense to say "This is stupid!" I wonder what this officer who, of course, was "only following orders," told his family at dinner that night? The entire legal system of the United States was incapable of solving this situation. So? How did they solve it? Send in the Storm Troopers -- literally. This was totally pathetic.

Reuniting Elian with his father was the proper thing to do. But, like this???
Dramatic much?

As a sworn LEO you don't get to pick and choose what laws and orders you enforce, other than the illegal ones. He was given a legal order by his superiors to execute a legal warrant issued by a court. You can argue the correctness of the warrant, but that agent did his job.

He's not a goon. He's a professional.

BTW, learn your weapons. Not a M-16. Not even close.
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Old Jun 14, 2009 | 8:23 pm
  #100  
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Originally Posted by law dawg
He's not a goon. He's a professional.
"Goon" and "professional" are not mutually exclusive. The debacles of Ruby Ridge & Waco come to mind. Elian Gonzales was a relatively minor example.

His "rescue" at the point of an H&K MP-5 was a completely unnecessary show of force.
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Old Jun 14, 2009 | 9:32 pm
  #101  
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Originally Posted by law dawg

BTW, learn your weapons. Not a M-16. Not even close.
The weapons I deal with are nuclear. A firearm isn't even in the discussion.
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Old Jun 15, 2009 | 8:12 am
  #102  
 
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Hi, I'm new here and I found this forum very helpful!!!
That's why I have few questions.. Soon I'm going on a road trip Denver -Grand Canyon - LV - SF. As far as I know immigration checkpoints in AZ and California shoud be within 100 miles of the Mexican border, our route is way above that. So if there is anything to be affraid of? (well, yeah, my visa expired) I heard many stories and I dont know which one is true. Has anyone had tip on this route??
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Old Jun 15, 2009 | 8:48 am
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Checkpoints may be established within 100 miles of any border, which includes the coastlines.
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Old Jun 15, 2009 | 12:27 pm
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Originally Posted by DevilDog438
Checkpoints may be established within 100 miles of any border, which includes the coastlines.
Where is the number 100 in the constitution?
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Old Jun 15, 2009 | 12:48 pm
  #105  
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Originally Posted by Combat Medic
Where is the number 100 in the constitution?
(Rhetorical status acknowledged)...

Three places, all references to years.

When the Constitution was written almost all of the US population was in the 100 mile zone. Something tells me that the 100 mile zone is a product of judicial activism.
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