Federal Border agents try to intimidate travelers

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RoyGBiv
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Re: Federal Border agents try to intimidate travelers

Post by RoyGBiv »

Jaguar wrote:And to further the "search" critera for suspicionless inland checkpoints, here is page 167, section 18.6, paragraph (e) of the CBP Inspector’s Field Manual:

Source: (opens a PDF document) http://shusterman.com/pdf/cbpinspectorsfieldmanual.pdf" onclick="window.open(this.href);return false;
18.6 Warrantless Searches and Seizures.
(e) Checkpoints. The Border Patrol conducts two types of inland traffic-checking operations: checkpoints and roving patrols. Border Patrol agents can make routine vehicle stops without any suspicion to inquire into citizenship and immigration status at a reasonably located permanent or temporary checkpoint provided the checkpoint is used for the purpose of determining citizenship of those who pass through it, and not for the general search for those persons or the vehicle. Inquiries must be brief and limited to the immigration status of the occupants of the vehicle. The only permissible search is a “plain view” inspection to ascertain whether there are any concealed illegal aliens.
They should be concerned with illegal aliens, not suitcases or rifle sized cases in the back of a car no matter what material they are made from.
Given that this field manual is from 2007-2008, how safe is it to assume that 18.6(e) remains unchanged today?

Thanks VERY MUCH for posting the link.... I've printed copies of section 18.6 for keeping in the cars. Just wondering if they're current.
I am not a lawyer. This is NOT legal advice.!
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Jaguar
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Re: Federal Border agents try to intimidate travelers

Post by Jaguar »

RoyGBiv wrote:
Jaguar wrote:And to further the "search" critera for suspicionless inland checkpoints, here is page 167, section 18.6, paragraph (e) of the CBP Inspector’s Field Manual:

Source: (opens a PDF document) http://shusterman.com/pdf/cbpinspectorsfieldmanual.pdf" onclick="window.open(this.href);return false;
18.6 Warrantless Searches and Seizures.
(e) Checkpoints. The Border Patrol conducts two types of inland traffic-checking operations: checkpoints and roving patrols. Border Patrol agents can make routine vehicle stops without any suspicion to inquire into citizenship and immigration status at a reasonably located permanent or temporary checkpoint provided the checkpoint is used for the purpose of determining citizenship of those who pass through it, and not for the general search for those persons or the vehicle. Inquiries must be brief and limited to the immigration status of the occupants of the vehicle. The only permissible search is a “plain view” inspection to ascertain whether there are any concealed illegal aliens.
They should be concerned with illegal aliens, not suitcases or rifle sized cases in the back of a car no matter what material they are made from.
Given that this field manual is from 2007-2008, how safe is it to assume that 18.6(e) remains unchanged today?

Thanks VERY MUCH for posting the link.... I've printed copies of section 18.6 for keeping in the cars. Just wondering if they're current.
I believe it was obtained recently by a FOIA request - but I cannot vouch for it not being outdated. I would assume the Constitution hasn't changed since 2008, but with the current occupier I could be gravely mistaken.
"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -- James Madison
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VMI77
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Re: Federal Border agents try to intimidate travelers

Post by VMI77 »

jmra wrote:I have never had an issue at a checkpoint. I don't like them but I also don't like illegals running drugs from Mexico.
My experience at checkpoints has always been less than a 15 second conversation where I am asked if everyone in the vehicle is a US citizen. I say yes and we are on our way. Of course I always approach with all the windows down and a smile on my face. I have been surprised they have never given the cover on my truck a second glance.

I would be interested to know if anyone on the forum has had bad encounters. It seems to me that most of the people doing these videos at checkpoints intentionally make themselves suspicious in order to draw attention to themselves. Think about it, if the bins are empty don't you stack all of them inside eachother? I know I would.

Why would anyone doing anything illegal try to pass through a known checkpoint when it is easy to cross just about anywhere else? I imagine some do, but the majority obviously aren't caught. Just go to the Rio Grande in some unpopulated area and see how saturated the banks are with footprints.
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RoyGBiv
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Re: Federal Border agents try to intimidate travelers

Post by RoyGBiv »

Jaguar wrote:
RoyGBiv wrote:
Jaguar wrote:And to further the "search" critera for suspicionless inland checkpoints, here is page 167, section 18.6, paragraph (e) of the CBP Inspector’s Field Manual:

Source: (opens a PDF document) http://shusterman.com/pdf/cbpinspectorsfieldmanual.pdf" onclick="window.open(this.href);return false;
18.6 Warrantless Searches and Seizures.
(e) Checkpoints. The Border Patrol conducts two types of inland traffic-checking operations: checkpoints and roving patrols. Border Patrol agents can make routine vehicle stops without any suspicion to inquire into citizenship and immigration status at a reasonably located permanent or temporary checkpoint provided the checkpoint is used for the purpose of determining citizenship of those who pass through it, and not for the general search for those persons or the vehicle. Inquiries must be brief and limited to the immigration status of the occupants of the vehicle. The only permissible search is a “plain view” inspection to ascertain whether there are any concealed illegal aliens.
They should be concerned with illegal aliens, not suitcases or rifle sized cases in the back of a car no matter what material they are made from.
Given that this field manual is from 2007-2008, how safe is it to assume that 18.6(e) remains unchanged today?

Thanks VERY MUCH for posting the link.... I've printed copies of section 18.6 for keeping in the cars. Just wondering if they're current.
I believe it was obtained recently by a FOIA request - but I cannot vouch for it not being outdated. I would assume the Constitution hasn't changed since 2008, but with the current occupier I could be gravely mistaken.
I was thinking about the Patriot Act. :confused5
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
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Jaguar
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Re: Federal Border agents try to intimidate travelers

Post by Jaguar »

RoyGBiv wrote:I was thinking about the Patriot Act. :confused5
The Patriot Act was passed in 2001 but has been amended several times since. There were changes to it between 2008 and now, but I don't know of any that increased police powers of CBP agents, mostly wire-tapping laws, seizure of records and property in anti-terrorism operations, surveillance against a so-called lone wolf non-U.S. citizen, searches of business records, and stuff like that. No mention of customs and border patrol except increased funding. This is all to my knowledge and Google Fu - I AM NOT A LAWYER. THIS IS NOT LEGAL ADVICE.

My personal threshold is to cooperate with the checkpoint up to the point of being detained. At that point they need a reason to keep me - and a darn good reason to search me. "I do not consent to searches". I also will video all stops with either my DSLR or my phone, and if it gets to a point of detainment, both. I don't go south often and when I do it is to Port Aransas - so I have never actually been through one, but I will be prepared if I do.

Again - I AM NOT A LAWYER. THIS IS NOT LEGAL ADVICE.
"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -- James Madison
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Fangs
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Re: Federal Border agents try to intimidate travelers

Post by Fangs »

I've passed through the inland border patrol checkpoint several times on my way back from South Padre over the years, and more often recently for work. I always have my green card and and TXDL ready. Never had a stop that lasted more then a few seconds. Never considered handing out my TXCHL since I wasn't being asked for ID. I have been asked why I wasn't black though. (Green card from South Africa). :lol:
"When I was a kid, people who did wrong were punished, restricted, and forbidden. Now, when someone does wrong, all of the rest of us are punished, restricted, and forbidden. The one who did the wrong is counselled and "understood" and fed ice cream." - speedsix
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