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Immigration Status Smelling Dog or Illegal Drug Checkpoint?

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Published on Feb 27, 2011

While traveling from work solely within the United States more than 40 miles from the border on February 25, 2011, I was stopped, seized and detained at an internal Border Patrol checkpoint located near mile marker 147 on SR86 in Southern Arizona.

During this seizure, the Border Patrol field supervisor detained me long enough to allow a drug sniffing dog to sniff the exterior of my vehicle while failing to make any immigration-related inquiries. The Supreme Court has held that drug checkpoints are illegal while immigration checkpoints such as this are only legal when they are limited in scope to brief immigration queries.

As such, unless this dog in question has been trained to detect who is and who is not inside the country legally, the extended seizure was illegal based upon U.S. Supreme Court guidance in City of Indianapolis V Edmond, U.S. V Martinez-Fuerte, U.S. V Ortiz and U.S. V Brignoni-Ponce.

The dog handler allowed the K9 to come into direct contact with my vehicle and run its nails down along the backside of the vehicle.

Read more at:

https://www.checkpointusa.org/blog/in...

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