U.S. Border Patrol arrests 25 illegals at I-93 roadblock

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https://fas.org/sgp/crs/homesec/RL31826.pdf

Protecting the U.S. Perimeter: Border Searches Under the Fourth Amendment

Congressional Research Service
Summary
The Fourth Amendment requires that a search or seizure conducted by a governmental agent be reasonable and supported by probable cause. The Supreme Court has interpreted the Fourth Amendment to include a presumptive warrant requirement on all searches and seizures conducted by the government. Any violation of these requirements could result in the suppression of any information derived therefrom. The Supreme Court, however, has also recognized situations that render obtaining a warrant impractical or against the public’s interest and has accordingly crafted various exceptions to the warrant and probable cause requirements of the Fourth Amendment.
Few exceptions to the presumptive warrant and probable cause requirements are more firmly rooted than the “border search” exception. Derived from the sovereign right to stop and examine persons and property crossing into the country, border searches allow customs officials the flexibility to inspect incoming individuals and their belongings and to interdict incoming contraband without having to inform a magistrate before the search.
Border searches can also occur in places other than the actual physical border. Two different legal concepts authorize such searches: (1) searches at the functional equivalent of the border; and (2) extended border searches. These concepts allow federal officers to conduct border searches even in situations when it is not feasible to conduct the search at the actual point of entry (e.g., examining a person upon arrival at a U.S. airport rather than during a mid-flight crossing into the country).
Courts have determined that border searches usually fall into two categories—routine and nonroutine—though this analysis may no longer apply to searches of vehicles or personal property. Generally, the distinction between “routine” and “non-routine” turns on the level of intrusiveness. Routine border searches are reasonable simply by virtue of the fact that they occur at the border and consist of only a limited intrusion, while non-routine searches generally require “reasonable suspicion” and vary in technique and intrusiveness.
This report first outlines the statutes authorizing certain federal officers to conduct warrantless searches: 19 U.S.C. § 482 for customs officials and Immigration and Nationality Act (INA) § 287 (codified in 8 U.S.C. § 1357) for immigration officers. It then addresses the scope of the government’s constitutional authority to search and seize persons and property at the border. It also describes the varying levels of suspicion generally required for each type of border search as interpreted by the courts. Finally, this report lists several bills before the 111th Congress that address border searches: two of which, H.R. 239 (the Securing our Borders and our Data Act of 2009) and H.R. 1726 (the Border Security Search Accountability Act of 2009), address border searches of laptops and other electronic storage devices. H.R. 1900 would provide emergency deployments of federal officers to the border and would authorize funds to local law enforcement to stem the illegal trafficking of firearms into Mexico. S. 205, H.R. 495, and H.R. 1448 would also authorize funds for Bureau of Alcohol, Tobacco, Firearms, and Explosives agents to interdict the illegal trafficking of firearms to Mexico.
This report does not address interior searches and seizures performed by immigration personnel since they are not traditional “border searches.”

Protecting the U.S. Perimeter: Border Searches Under the Fourth
 

tuna

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I'd be willing to compromise on this issue.

You can have your internal border checks, where you stop everyone to try to determine citizenship - but beyond that they have no jurisdiction. In other words, the headless hooker, two kilos of coke and sawn off shotgun, all in plain sight in my car (absurd samples - not a real inventory of my car) all get a pass - can't be inspected, commented on or passed along as info to local LEO, as long as I don't have an undocumented French maid in the trunk.

I'd be ok with that - I can deal with a little inconvenience, as long as it can't be turned into a case against me by having what they're not setting up the checkpoint for.

Until then, I'll just be a jerk - since I'm not breaking any laws, I'm allowed to do that. I apologize to those caught behind me in TSA lines and "papers please" checkpoints.
 

namedpipes

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Right answers, for the wrong reasons.
I think that with some personal mentoring, she could come around to the "right" way of thinking. It's worth the effort. I'd take one for the team but she's so FAR away.

Ah well. Perhaps she'll surface in the naughty teachers thread one day.
 

Prepper

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I'm not sure "moonbat" is the right word here. That normally refers to a leftie, and they usually absolutely LOVE authority and can't wait to think they are doing their part to help it by having their rights violated. She seems more like a libertarian / constitutionalist type. Plus, she's hot, therefore you know she's not likely a moonbat. Moonbats usually look like

 

Zappa

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ACLU launches investigation of arrests made at New Hampshire border checkpoint | New Hampshire

WOODSTOCK — Representatives with the New Hampshire chapter of the American Civil Liberties Union say they are launching an investigation into a U.S. Customs and Border Protection checkpoint along Interstate 93 south over the holiday weekend that resulted in the arrests of 17 illegal immigrants.

The checkpoint was set up along the same straightaway as one held over a three-day period last summer and fall.

According to Stephanie Malin, the Customs and Border Protection (CBP) public affairs officer for New England, U.S. Border Patrol agents assigned to the Swanton Sector arrested 17 illegal aliens and seized narcotics and drug paraphernalia. The three-day operation ran from Sunday until Tuesday at noon.

Agents encountered and arrested 17 people who did not have legal immigration status, six of whom were visa overstays, according to a news release. Those arrested hailed from Brazil, Colombia, El Salvador, Guatemala, Indonesia, Korea, Mexico, Montenegro, Ukraine and Uzbekistan. All 17 were turned over to ICE Enforcement Removal Operations.

Agents also seized drugs and drug paraphernalia, including a small amount of marijuana, hash oil and THC vape oil
, Malin said.
 
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How do you prove you are not illegal at one of these stops?

I'm British by brith and US Citizen by choice, however I do not drive around with my passport and my accent being British obviously makes me an immigrant.

My wife is Japanese green card holder, again she doesn't drive around with her green card.

Not worried, just wondering, because anyone could say they are a US Citizen?

I could show them my EDC as ONLY law abiding Citizen can have them... correct?

harry.
Let me jump in here. By law she has to carry that card. Will she get jammed up? She shouldn't, it's a basic records check. There is a charge for not carrying it, I've never done it. I can look it up if you don't believe me. It may just be a fine, like I said, I have bigger fish to go after than someone actually legally here.

edit: For you, just say you are naturalized. If they don't believe you, it's the same record check as above. Not anything that can't be found in a matter of seconds depending if the computers aren't jacked up.
 

namedpipes

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Let me jump in here. By law she has to carry that card. Will she get jammed up? She shouldn't, it's a basic records check. There is a charge for not carrying it, I've never done it. I can look it up if you don't believe me. It may just be a fine, like I said, I have bigger fish to go after than someone actually legally here.

edit: For you, just say you are naturalized. If they don't believe you, it's the same record check as above. Not anything that can't be found in a matter of seconds depending if the computers aren't jacked up.
fwiw, I know countless people that are natural born citizens yet look and sound like immigrants fresh off the boat. THEY have no requirement to carry id proving their citizenship any more than I do.
 
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fwiw, I know countless people that are natural born citizens yet look and sound like immigrants fresh off the boat. THEY have no requirement to carry id proving their citizenship any more than I do.
Did you read the post I replied to before replying to me?, if not, please go back and read about the IMMIGRANT not carrying their card.
 

namedpipes

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Did you read the post I replied to before replying to me?, if not, please go back and read about the IMMIGRANT not carrying their card.
No need to be snippy. I did read it. I was idly remarking that there are a ton of people that I personally know that would easily be taken for an alien but they are as American as Apple Pie. I wasn't contradicting what you said.
 
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No need to be snippy. I did read it. I was idly remarking that there are a ton of people that I personally know that would easily be taken for an alien but they are as American as Apple Pie. I wasn't contradicting what you said.
Are you not respectin' mah authroitay? GIT OUTTA DA CAH!...oh wait Stop resisting...

I get it, that's when I earn my money. Let people go who need to move along, catch the ones that need catching. My agency could do a lot better job promoting a 'not everyone is a criminal' mindset.
 

namedpipes

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Are you not respectin' mah authroitay? GIT OUTTA DA CAH!...oh wait Stop resisting...

I get it, that's when I earn my money. Let people go who need to move along, catch the ones that need catching. My agency could do a lot better job promoting a 'not everyone is a criminal' mindset.
I'd bet you'd get a lot more cooperation too! So buck for command and change it!
 

KBCraig

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Here's what I want from a NH governor:

Every time one of these checkpoints pops up, just shut down the highway. Put up those portable flashing signs and divert everyone onto side roads. Detour all southbound travelers around the trouble spot: be Waze.

And for my activist friends who have enough coin, buy those surplus orange trucks at the state auction, and feel free to explore the options. ;)
 

BlackwaterFence

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I've been thru 3 times in the last 4or 5 years.
Never a big inconvenience or delay
Agent: "Are you a US citizen?"
Me: "Yes Sir"
Agent: "Have a good day"
Me: "Thanks, you too"
Last weekend I was waved thru in my F250 with Trump sticker
 

AHM

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fwiw, I know countless people that are natural born citizens yet look and sound like immigrants fresh off the boat. THEY have no requirement to carry id proving their citizenship any more than I do.
Poking around the Intarwebs once to read up on WRKO-AM on-air personalities, I encountered the reader comment...

Jeff Kuhner is the first American since Lawrence Welk to have a foreign accent.
LOL.

(Yes I know that Jeff was born in Montreal, and was only recently naturalized).

But LOL.
 
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