http://www.truebornsons.com
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants...
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." - 4th amendment of the US Constitution
Highlights:
(5:35) Agent whips out his nun chucks in anger (7:45-8:00) The agent tells me in less than perfect English, "In the Border Patrol Checkpoint, the person's rights doesn't matter here." (16:50-17:10) I'm told that the police will arrive in less than 10 minutes to arrest me (19:00-19:40) I'm accused of being a terrorist (26:20) I'm told that I'm free to go without being searched
Thank God we live in a free country! But how long will our freedom last if we ignore our Bill of Rights?
The highest power in the US government is the Constitution, which is the supreme law of the land...not border patrol agents on a power trip that are about 75 miles from the border.
Rom 13:1 Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God.
2Co 3:17 Now the Lord is that Spirit: and where the Spirit of the Lord is, there is liberty.
Pro 29:12 If a ruler hearken to lies, all his servants are wicked.
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"any places within 100 miles are considered border regions." This is correct. However Supreme Court cases have curtailed 'border region' powers at these checkpoints. See a couple of comments below this one for sources to 3 of these cases.
"...and then be surprised when an altercation arises." Agreed. I go through these checkpoints all the time, and usually don't answer questions. Doing so sometimes causes an altercation, but not for long. I am allowed to go once the agent gets done strutting.
As the peace officer said, any places within 100 miles are considered border regions. I can honestly see problems with both sides here. One cannot go to a checkpoint, expecting an altercation, and then be surprised when an altercation arises.
I acknowledge that you admitted that your comment was an opinion. But it is hard to believe that your statement was meant as such when you said: "A person is guilty of obstructing governmental administration when he intentionally prevents or attempts to prevent a public servant" without first researching to see if it is actually true here.
It's a bit of a pet peeve around here for some. People comment about how the driver broke the law... when he didn't.
@Pafoofnik1--As I said before, and as you fully realize, not knowing where the checkpoints are located put me at a disadvantage. Had I known the checkpoint was in NM, that would have helped.
They obviously were not in Washington State.
You asked if the information I posted was a law or an opinion, and I answered your question. The courtesy of an acknowledgment would have been nice.
This incident took place in New Mexico, not Washington state. New Mexico state law on obstruction (30-22-1) only applies when enforcing state law.
There was no need to research all 50 states, just the one this incident happened in. If you would have done that, then you would have quickly realized that your statement: "The driver in the video committed a law violation, to wit, Obstructing administration of law or other governmental function." was false.
you are probably right, there really is no stopping the juggernaut that has become Americas police state. It just gets bigger and bigger with less liberty for all!
It should be noted, fred0245 left the same comment on one of my videos. Unbeknown to fred0245, I've done my due diligence. In AZ, federal agents must be cross-certified by the county sheriff where they are operating to enforce state law.
In Pima County where my videos take place, there are only two cross-certified BP agents & neither one work internal checkpoints.
Additionally, Arizona obstruction laws require the use or threat of force. Something not present in any of these videos.
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This is correct. However Supreme Court cases have curtailed 'border region' powers at these checkpoints. See a couple of comments below this one for sources to 3 of these cases.
"...and then be surprised when an altercation arises."
Agreed. I go through these checkpoints all the time, and usually don't answer questions. Doing so sometimes causes an altercation, but not for long. I am allowed to go once the agent gets done strutting.
As we are never going to agree on this issue, do you agree that it's fair to say that we are all stuck with the opinions expressed in:
U.S. v. Martinez-Fuerte, 428 U.S. 543, 545 (1976).
U.S. v. Brignoni-Ponce, 422 U.S. 873, 881-882 (1975).
U.S. v. Ortiz, 422 U.S. 891, 896-97 (1975)?
I don't like people making up their own rules anymore than you do.
It's a bit of a pet peeve around here for some. People comment about how the driver broke the law... when he didn't.
Fair enough?
They obviously were not in Washington State.
You asked if the information I posted was a law or an opinion, and I answered your question. The courtesy of an acknowledgment would have been nice.
Good manners are always appreciated.
There was no need to research all 50 states, just the one this incident happened in. If you would have done that, then you would have quickly realized that your statement: "The driver in the video committed a law violation, to wit, Obstructing administration of law or other governmental function." was false.
you are probably right, there really is no stopping the juggernaut that has become Americas police state. It just gets bigger and bigger with less liberty for all!
I said that NY designated Federal Officers as Peace Officers.
I said that I didn't have time to "investigate all 50 states obstruction laws."
Not knowing where the checkpoints were in AZ put me at a disadvantage. Had I known the checkpoint was in AZ, that would have helped.
By the way, you should tell others that it's Chapter 24, part 13-2402 in AZ.
In Pima County where my videos take place, there are only two cross-certified BP agents & neither one work internal checkpoints.
Additionally, Arizona obstruction laws require the use or threat of force. Something not present in any of these videos.