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  • "Inland" Border Patrol Checks Points.

    BP has inland check points many miles from the border, so called "100 mile zone" from the borders. I didn't know of this 'till recently. I can see why many might not take well to being asked if they are a US Citizen while being a long way from a border. I understand and respect what the BP are trying to achieve, and understand they are asked to do the job with one or both hands tied behind their backs, etc, but this seems beyond reasonable in a "free" society and very borderline Constitutional. How do you all feel about these inland checks?

    Some refuse to answer the Qs in these inland checkpoints, and there's something of a movement to defy them, without major issues in most cases it appears. I'm not in favor of being a PITA for no reason and a "I know my Rights" type just to be a PITA, but if respectful and calm about it, I do understand the the citizens resistance here. It's a tough position for both LE and citizens to be put into. Are there some PB agents here who have experience with these?

    Border Patrol Takes ‘No’ for an Answer at Internal Checkpoints
    by Cindy Casares Published on Thursday, March 7, 2013, at 2:49 CST

    "A fascinating video is circulating on the Internet featuring motorists who decline to answer questions at Border Patrol checkpoints miles from the border. Questions like, “Are you a U.S. citizen?” or “Where are you headed?” are met with polite refusals. In the video, one pair of motorists stopped at a Laredo checkpoint refuse to answer an agent’s question about their citizenship. When the agent becomes agitated and orders the driver to pull over to secondary inspection, the driver politely says, “No thank you.” The agent calls over his supervisor. “Unless we’re living in a police state,” the driver says. “Unless this is Mexico or Nazi Germany … this is still America and I can travel down this road without having to answer questions from federal agents.” The kicker is the motorists get away with it; the supervisor ultimately waves them through."

    Vid of the "resistance" and more intel:

    http://www.texasobserver.org/border-...l-checkpoints/
    - Will

    Performance/Fitness Advice For the Tactical Community

    www.OptimalSWAT.com

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    www.BrinkZone.com

  • #2
    I understand and respect what the BP are trying to achieve, and understand they are asked to do the job with one or both hands tied behind their backs, etc, but this seems beyond reasonable in a "free" society and very borderline Constitutional.
    SCOTUS has long since ruled them constitutional.

    “Unless this is Mexico or Nazi Germany … this is still America and I can travel down this road without having to answer questions from federal agents.
    The supervisor may have let them thru, but he didn't have to and the search of their vehicle and temporary detention would have been lawful. The rules at these checkpoints are the same as the rules at the border.
    Last edited by tanksoldier; 11-23-2014, 01:31 PM.
    "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

    "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

    Comment


    • #3
      Originally posted by tanksoldier View Post
      SCOTUS has long since ruled them constitutional...
      Along with Obamacare, Separate but Equal, Citizens United, and the National Firearms Act...

      Comment


      • #4
        Originally posted by tanksoldier View Post
        SCOTUS has long since ruled them constitutional.
        I know, and I believe they're wrong on that one as do many others. I'm truly astounded that could pas the Const. smell test, but stranger things have.


        Originally posted by tanksoldier View Post
        The supervisor may have let them thru, but he didn't have to and the search of their vehicle and temporary detention would have been lawful. The rules at these checkpoints are the same as the rules at the border.
        Not without reasonable suspicion as I understand it, hence why you have many people refusing to do so and not getting detained. The ACLU also has it's issues in terms of consistency (like fighting endlessly to protect the 1st Amend and ignoring the Second...) but they have a decent write up I thought:

        "Border Patrol, nevertheless, cannot pull anyone over without "reasonable suspicion" of an immigration violation or crime (reasonable suspicion is more than just a "hunch"). Similarly, Border Patrol cannot search vehicles in the 100-mile zone without a warrant or "probable cause" (a reasonable belief, based on the circumstances, that an immigration violation or crime has likely occurred).

        In practice, Border Patrol agents routinely ignore or misunderstand the limits of their legal authority in the course of individual stops, resulting in violations of the constitutional rights of innocent people. These problems are compounded by inadequate training for Border Patrol agents, a lack of oversight by CBP and the U.S. Department of Homeland Security, and the consistent failure of CBP to hold agents accountable for abuse. Thus, although the 100-mile border zone is not literally "Constitution free," the U.S. government frequently acts like it is."

        Cont:

        https://www.aclu.org/immigrants-righ...le-border-zone
        - Will

        Performance/Fitness Advice For the Tactical Community

        www.OptimalSWAT.com

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        • #5
          Originally posted by Carbonfiberfoot View Post
          Along with Obamacare, Separate but Equal, Citizens United, and the National Firearms Act...
          And slavery.
          - Will

          Performance/Fitness Advice For the Tactical Community

          www.OptimalSWAT.com

          General Performance/Fitness Advice for all

          www.BrinkZone.com

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          • #6
            They are fairly routine in the southern parts of California, Arizona, New Mexico and Texas and residents of those areas are fairly used to them.

            The problem is the vast majority of illegal aliens are Hispanic. Common sense suggests that absent other indicators, one would only ask about citizenship status of Hispanics who appear to be non citizens, (clothing, haircut, mannerisms, etc.). However, the courts and society have deemed that to be discriminatory and racist, so everyone gets asked about their citizenship status.

            As far as the white guy getting a pass after refusing to state his status, I would suspect that just through speaking (language, lack of accent) combined with manner of dress, etc., they were pretty satisfied he was not an illegal alien.
            Going too far is half the pleasure of not getting anywhere

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            • #7
              Not without reasonable suspicion as I understand it,
              Elsewhere, yes... not at border checkpoints and not at the special inland checkpoints.

              You have no right to enter the country, you have fewer 4th amendment protections, etc... on the border.

              In practice, Border Patrol agents routinely ignore or misunderstand the limits of their legal authority
              Remember, this is coming from the side that doesn't want the USPB to exist in the first place.

              In the ACLU's opinion they overreach their authority. Not in the opinion of the courts.

              In fact, USBPAs and CBPOs have far more lawful authority than their department policies allow them to exercise.

              ong with Obamacare, Separate but Equal, Citizens United, and the National Firearms Act...
              Somebody has to be the final arbiter of what can and can't be done.

              Constitutional /= moral. Plenty of immoral things are perfectly constitutional, and plenty of moral ones are not. There are hundreds if not thousands of laws that don't need to exist, virtually every firearm restriction in existence to begin with, but they do and it's our job to enforce them. If the American people, We the People, didn't want them they wouldn't exist. We the People haven't seen fit to remove the restrictions the hired help, Congress, have placed on us. Therefore We mist want them to be in place.

              If/when We decide to stir Ourselves, they will be removed.

              We get the government we deserve. Always.
              Last edited by tanksoldier; 11-23-2014, 02:28 PM.
              "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

              "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

              Comment


              • #8
                So really. What's the BIG issue here? Answer yes. Drive on. You are making a mountain out of a molehill. It's the same thing as someone asking you if you like working out...
                Now go home and get your shine box!

                Comment


                • #9
                  Originally posted by tanksoldier View Post
                  Elsewhere, yes... not at border checkpoints and not at the special inland checkpoints.

                  You have no right to enter the country, you have fewer 4th amendment protections, etc... on the border.
                  .
                  Exactly. You're not at the border. You're up to 100 miles away from it, hence why some react poorly to these inland BP checkpoints. I have been reading on this, and they supposedly require reasonable suspicion, but I'm not an attorney and not LE.
                  - Will

                  Performance/Fitness Advice For the Tactical Community

                  www.OptimalSWAT.com

                  General Performance/Fitness Advice for all

                  www.BrinkZone.com

                  Comment


                  • #10
                    If you lived anywhere near the border, you would understand that 100 miles is nothing, distance-wise. Should be running these checkpoints up to 500 miles in!
                    Now go home and get your shine box!

                    Comment


                    • #11
                      Originally posted by CCCSD View Post
                      So really. What's the BIG issue here? Answer yes. Drive on. You are making a mountain out of a molehill. It's the same thing as someone asking you if you like working out...
                      I'm not making anything from anything, but I did think it's an interesting topic of discussion and I do understand both "sides" of the fence on this one. What if they made it 200 miles? One can imagine various scenarios that are not pretty, and not far fetched, and you recall what has been said about those who give up Liberty for temporary safety. They now have them in places like VT, due to the influx of Hispanics coming over that border...

                      I think LE and not, should be concerned about this one.
                      - Will

                      Performance/Fitness Advice For the Tactical Community

                      www.OptimalSWAT.com

                      General Performance/Fitness Advice for all

                      www.BrinkZone.com

                      Comment


                      • #12
                        Ive been thru them many times and have 0 issue with them.What most fail to understand is alot of illegals dont walk thru the checkpoint. They come across and then get picked up by mules on this side of the border many miles in.

                        This doesnt just include illegals looking to pick fruit but drug runners and weapon runners.

                        Semis loaded full of people with no water or food in 100 degree temps.Some which end up dead on the trip.

                        Before people keep crying about how mean this is to go thru a check point,try understanding the reasons for them other than getting your feelings hurt because your 100 miles from the border.

                        Not all terrorist look like the news shows them .Let the Border Patrol do their job as they need to,The life they may save on that one guy they grab could be worth it.

                        Having been on the border many times and been thru the checkpoints quite a few times.

                        God Bless them.Out in the middle of nowhere,Out numbered and out gunned in most cases.

                        Comment


                        • #13
                          Originally posted by jdthor View Post
                          Ive been thru them many times and have 0 issue with them.What most fail to understand is alot of illegals dont walk thru the checkpoint. They come across and then get picked up by mules on this side of the border many miles in.

                          This doesnt just include illegals looking to pick fruit but drug runners and weapon runners.

                          Semis loaded full of people with no water or food in 100 degree temps.Some which end up dead on the trip.

                          Before people keep crying about how mean this is to go thru a check point,try understanding the reasons for them other than getting your feelings hurt because your 100 miles from the border.

                          Not all terrorist look like the news shows them .Let the Border Patrol do their job as they need to,The life they may save on that one guy they grab could be worth it.

                          Having been on the border many times and been thru the checkpoints quite a few times.

                          God Bless them.Out in the middle of nowhere,Out numbered and out gunned in most cases.
                          Has nothing to do with my feelings hurt otherwise. Thought this might be an interesting topic of discussion. I was wrong. Moving on....
                          - Will

                          Performance/Fitness Advice For the Tactical Community

                          www.OptimalSWAT.com

                          General Performance/Fitness Advice for all

                          www.BrinkZone.com

                          Comment


                          • #14
                            Does the 100 mile rule only apply to land crossings and not international airports or sea ports?

                            If it doesn't then check where these "check points" are in relation to nearest international airport/sea port.

                            You can always call your Congressperson/US Sentator and complain.
                            semper destravit

                            Comment


                            • #15
                              It's all smoke and mirrors period, It will end despite SCOTUS failed understanding once again of the constitution once enough Americans
                              have had their fill of it.
                              Empty your mind, be formless, shapeless - like water.

                              Comment

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