Immigration and Checkpoints - Page 4

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  1. #1
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    Default Immigration and Checkpoints

    So this morning, I was thinking about these unConstitutional Border Patrol internal checkpoints. I watched a YouTube of a guy refusing to answer questions and did a little research.

    Here's a simple explanation from the ACLU
    https://www.aclu.org/other/constitut...le-border-zone


    The regulations establishing the 100-mile border zone were adopted by the U.S. Department of Justice in 1953ówithout any public comments or debate. At the time, there were fewer than 1,100 Border Patrol agents nationwide; today, there are over 21,000.

    The Border Patrol often ignores this regulation and rejects any geographic limitation on agents' authority. At least two federal circuit courts condone Border Patrol operations outside the 100-mile zone, federal regulations and Supreme Court precedent notwithstanding.
    Here's what they claim as their legal authority:
    https://help.cbp.gov/app/answers/det...-border-patrol


    In US v. Martinez Fuerte (1976) the U.S. Supreme Court balanced the governmental interest in stopping illegal immigration against the Fourth Amendment's protections against unreasonable search and seizure, finding that only minimal intrusion existed to motorists at reasonably located check points, even in the absence of reasonable or individualized suspicion.

    In US V. Gordo_Marin, the U.S. Supreme Court also found no substantive difference between a permanent or temporary checkpoint.

    Border Patrol checkpoint case law has provided the basis for numerous other checkpoints beneficial to the public, such as DUI checkpoints, driver's license/proof of registration checkpoints, etc.

    Border Patrol checkpoints do not give Border Patrol Agents carte blanche to automatically search persons and their vehicles, other then in the manner described above. In order to conduct a legal search under the Fourth Amendment, the agents must develop particularly probable cause to conduct a lawful search. Probable cause can be developed from agent observations, records checks, non-intrusive canine sniffs and other established means. Motorist's may consent to a search, but are not required to do so.
    Probable cause, not reasonable suspicion.

    These checkpoints are horse hockey. 100 miles from the border? Are you kidding? Per the videos, they ask "Are you a US citizen?" If you say "Yes", you go right through? What purpose does this serve other than to profile? And some of the "agents" can barely speak ingles. This needs to stop.

    I can't stand our GOVERNMENT
    "Every man thinks meanly of himself for not having been a soldier"
    -Samuel Johnson

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  3. #46
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    What about police check points, we have those, and yeah you pull over answer their questions, and show license, registration, and insurance. If not you risk getting beat-up, tasered, or shot.

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  5. #47
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    Quote Originally Posted by WildRose View Post
    You have a right to travel between the states.

    You do not have a right to drive on the public roads.

    I don't let it bother me. I just tell them yes to guns, dogs, horses, no to illegals and drive on.
    You might want to check that claim.
    "Every man thinks meanly of himself for not having been a soldier"
    -Samuel Johnson

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  7. #48
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    Quote Originally Posted by MaDef View Post
    Boo Hoo, Sue the government if your that bent out of shape, posting on an anonymous message board isn't going to accomplish anything except keep me amused.
    Thanks for stopping by. Have a nice day.
    "Every man thinks meanly of himself for not having been a soldier"
    -Samuel Johnson

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  9. #49
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    GAO report from 2009 on these checkpoints. Just to add a few actual facts.

    https://www.gao.gov/new.items/d09824.pdf
    Brennan on evidence of collusion: "I don't do evidence"

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  12. #50
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    Quote Originally Posted by Sneaky SF Dude View Post
    You might want to check that claim.
    I have. Driving is a privilege, traveling is a right.
    Don't Blame Me I voted for Cruz! Without the 1st & 2nd Amendments the rest of The Constitution is meaningless
    THE DEFICIT

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  14. #51
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    You have checkpoint for traveling between States? crazy.
    If we allow politicians to succeed by scaring people, we donít actually end up any safer. Fear doesnít make us safer. It makes us weaker - Justin Trudeau Prime Minister of Canada.

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  16. #52
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    Quote Originally Posted by CanadianJudo View Post
    You have checkpoint for traveling between States? crazy.
    No, we certainly do not.
    Don't Blame Me I voted for Cruz! Without the 1st & 2nd Amendments the rest of The Constitution is meaningless
    THE DEFICIT

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  18. #53
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    Quote Originally Posted by WildRose View Post
    No, we certainly do not.
    Yes we do.

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  20. #54
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    Quote Originally Posted by WildRose View Post
    I have. Driving is a privilege, traveling is a right.
    They aren't checking drivers licenses. You're off the map sheet.

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  22. #55
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    You get angry about a lot of trivia.
    "Constipation is a sign of good health in pomeranians." --Samuel Beckett

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  24. #56
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    Quote Originally Posted by FlameHeart View Post
    A simple question? Really? I don't think that they are unconstitutional, but there needs to be a background check for everyone crossing the border into the U.S. They need to show a passport in my opinion, as well.
    It depends on where you are. You can't just put your checkpoint anywhere.

    Have you ever been a passenger in a vehicle that was pulled over? Then the police officer asks you for your license or Id as well? He's not entitled to that without probable cause anymore than he would be if he walked up to you on the street. It's an overreach.

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  26. #57
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    Many probably believe that we've always had immigration. Nope. We didn't from 1901 to 1955. I think the country did OK back then.

    ted Kennedy then started up immigration again in 1965, so they would come in & all vote democrat. That still stands today.
    This week under President Trump the DOW reached over 23000 & we're talking about something Trump said. WOW!

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  28. #58
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    Quote Originally Posted by The Duck View Post
    Many probably believe that we've always had immigration. Nope. We didn't from 1901 to 1955. I think the country did OK back then.

    ted Kennedy then started up immigration again in 1965, so they would come in & all vote democrat. That still stands today.
    What the hell?
    "Hypocrisy is great when directed at the right people"
    -SpadeMarlowe-

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  30. #59
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    Quote Originally Posted by AZslim View Post
    What the hell?
    Insane isn't it?
    This week under President Trump the DOW reached over 23000 & we're talking about something Trump said. WOW!

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  32. #60
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    Quote Originally Posted by The Duck View Post
    Insane isn't it?
    For once I agree with you wholeheartedly.
    "Hypocrisy is great when directed at the right people"
    -SpadeMarlowe-

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