1. If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

  2. Dismiss Notice

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

Discussion in 'Off-Topic' started by Wendell, Aug 29, 2017.

  1. dixiejarhead

    dixiejarhead

    Joined:
    Aug 8, 2017
    Messages:
    222
    Likes Received:
    25
    Location:
    Franklin County Vermont
    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
     

  2. tuna

    tuna NES Member

    Joined:
    Sep 20, 2006
    Messages:
    6,319
    Likes Received:
    4,777
    Location:
    Western Mass
    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.
     
    Frizzle Fry likes this.
  3. new guy

    new guy NES Member

    Joined:
    Dec 7, 2009
    Messages:
    20,426
    Likes Received:
    13,342
    It was well within 100 miles as the surveillance drone flies.
     
  4. Coyote33

    Coyote33

    Joined:
    Nov 8, 2005
    Messages:
    23,650
    Likes Received:
    2,691
  5. namedpipes

    namedpipes NES Member

    Joined:
    May 7, 2008
    Messages:
    30,547
    Likes Received:
    12,663
    Location:
    PREM
  6. kevin9

    kevin9

    Joined:
    Dec 16, 2006
    Messages:
    9,378
    Likes Received:
    2,176
    Location:
    Toy Town
    Right answers, for the wrong reasons.[/QUOTE]
     
  7. namedpipes

    namedpipes NES Member

    Joined:
    May 7, 2008
    Messages:
    30,547
    Likes Received:
    12,663
    Location:
    PREM
    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.
     
  8. Prepper

    Prepper NES Member

    Joined:
    Apr 12, 2007
    Messages:
    17,717
    Likes Received:
    5,678
    Location:
    NH
    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

     
    drgrant and namedpipes like this.
  9. Zappa

    Zappa Road Warrior NES Member

    Joined:
    May 14, 2008
    Messages:
    42,828
    Likes Received:
    12,660
    Location:
    Living Free In The 603
    ACLU launches investigation of arrests made at New Hampshire border checkpoint | New Hampshire

     
    Jason Flare likes this.
  10. AHM

    AHM NES Member

    Joined:
    Dec 30, 2013
    Messages:
    5,311
    Likes Received:
    2,647
    KBCraig and MachineHead like this.
  11. weekendracer

    weekendracer

    Joined:
    Feb 11, 2009
    Messages:
    3,351
    Likes Received:
    1,080
    Location:
    Louisiana
    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.
     
  12. namedpipes

    namedpipes NES Member

    Joined:
    May 7, 2008
    Messages:
    30,547
    Likes Received:
    12,663
    Location:
    PREM
    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.
     
    KBCraig likes this.
  13. 67ray

    67ray NES Member

    Joined:
    Feb 27, 2006
    Messages:
    1,653
    Likes Received:
    683
    I went through this - much further South than the Notch it was between exit 31 and 30 southbound.

    They were waving everyone through at around 5-10 mph I saw no checks.
     
    AHM likes this.
  14. weekendracer

    weekendracer

    Joined:
    Feb 11, 2009
    Messages:
    3,351
    Likes Received:
    1,080
    Location:
    Louisiana
    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 likes this.
  15. namedpipes

    namedpipes NES Member

    Joined:
    May 7, 2008
    Messages:
    30,547
    Likes Received:
    12,663
    Location:
    PREM
    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.
     
    Jason Flare likes this.
  16. weekendracer

    weekendracer

    Joined:
    Feb 11, 2009
    Messages:
    3,351
    Likes Received:
    1,080
    Location:
    Louisiana
    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.
     
  17. namedpipes

    namedpipes NES Member

    Joined:
    May 7, 2008
    Messages:
    30,547
    Likes Received:
    12,663
    Location:
    PREM
    I'd bet you'd get a lot more cooperation too! So buck for command and change it!
     
  18. weekendracer

    weekendracer

    Joined:
    Feb 11, 2009
    Messages:
    3,351
    Likes Received:
    1,080
    Location:
    Louisiana
    I'm a beaten down old dog. No one adopts the old dog in the pound.
     
    namedpipes likes this.
  19. KBCraig

    KBCraig NES Member

    Joined:
    Dec 29, 2009
    Messages:
    9,447
    Likes Received:
    3,990
    Location:
    Granite State of Mind
    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. ;)
     
  20. BlackwaterFence

    BlackwaterFence NES Member

    Joined:
    Oct 27, 2011
    Messages:
    767
    Likes Received:
    121
    Location:
    South Shore, MA
    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
     
  21. AHM

    AHM NES Member

    Joined:
    Dec 30, 2013
    Messages:
    5,311
    Likes Received:
    2,647
    Poking around the Intarwebs once to read up on WRKO-AM on-air personalities, I encountered the reader comment...

    LOL.

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

    But LOL.
     
    namedpipes likes this.

Share This Page