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Court ruling allows police to stop and question anyone within 100 miles of border
image credit: ACLU
The United States Border Patrol operates 71 traffic checkpoints, including 33 permanent traffic checkpoints, near the southern border of the United States. Also, there are a number of Border Patrol checkpoints in the northern border states (New York or Maine), within 100 miles from the Canadian border. Close to 200 million Americans live within the 100-mile interior checkpoint zone.
Things are about to get much worse, expect to see more checkpoints across the U.S. after the recent Rynearson v. The U.S. ruling.
Below are two excerpts taken from page 5 of the Appeals Court ruling...
"Border patrol agents at interior checkpoints may stop a vehicle, refer it to a secondary inspection area, request production of documents from the vehicle’s occupants, and question the occupants about their citizenship. The purpose of the stop is limited to ascertaining the occupants’ citizenship status."
“The permissible duration of an immigrant checkpoint stop is therefore the time reasonably necessary to determine the citizenship status of the persons stopped.”
Court allows police to stop and question anyone without suspicion of any wrongdoing.
"In contrast, the Supreme Court has granted agents at immigration checkpoints the right to stop and question a vehicle’s occupants regarding their citizenship without reasonable suspicion of any wrongdoing. That grant of authority is readily distinguishable from the authority granted by Terry."
The Supreme Court has concluded that “all that is required of the vehicle’s occupants is a response to a brief question or two and possibly the production of a document evidencing a right to be in the United States.”
New Hampshire Senate Bill 382 will let DHS/CBP arrest motorists.
For purposes of this section, “a certified federal law enforcement officer” means a federal law enforcement officer who:
"Is employed as a law enforcement officer of the federal government as a specialagent or border patrol agent of the Department of Homeland Security, Customs and Border Protection."
Fyi, many northern states already allow DHS/CBP to arrest motorists...
"Other states that share a border with Canada already have legislation in place that is similar to SB382, Senator Jeff Woodburn said."
In 2010, Richard Rynearson started recording his interactions with the CBP because he was tired of being hassled at checkpoints. CBP/DHS asked Rynearson for his ID which he provided, but he declined to roll down his window all the way and declined to get out of his car He repeatedly asked if he was free to go and, if not, why he was being detained. Which further angered the CBP agents, see the video below.
Rynearson's Border Patrol Incident
This is only Part 1 of Rynearson's CBP incident.
Court says, refusing to answer a cops unlawful questions is "unorthodox."
"The facts indicate that Rynearson generally asserted his right against unlawful searches and seizures while the agents had difficulty determining how to respond to his unorthodox tactics."
This is truly disturbing, the Appeals Court claimed his tactics were unorthodox because he asserted his rights!
Court says, standing up for ones Constitutional rights is not clearly established!
"We have not discovered nor been shown any authority supporting Rynearson’s claim that the constitutional rights he chose to stand on were clearly established. Accordingly, we conclude that these governmental officials, at worst, made reasonable but mistaken judgments when presented with an unusually uncooperative person, unusual at least in the facts described in any of the caselaw."
In other words, the DOJ thinks that everyone should answer a cops unlawful questions.
A lone judge, Jennifer Walker dissented...
Moreover, while he provided the information needed to prove his citizenship, Rynearson explained several times that he would not indulge the officers’ commands when he thought that they exceeded the limited scope of the immigration checkpoint inquiry. Standing on one’s rights is not an “unorthodox tactic.” It is a venerable American tradition.
"Firm assertions of one’s rights are far from “unorthodox” in a Republic that insists constitutional rights are worth insisting upon and that tasks the courts with protecting those rights Walker said."
What can Americans expect when they're pulled over by police in the future?
"Border Patrol agents routinely ignore or misunderstand the limits of their legal authority in the course of individual stops, resulting in violations of the constitutional rights of innocent people."
"Since 2010, 46 people have been killed by border agents by use-of-force and coercion. Many more have been brutally beaten. No CBP agent has been held accountable since January 2010, even in some of the most egregious cases."
For more info. about DHS/Police abuse click, here, here & here.
This ruling gives cops free reign to conduct warrantless searches of anyone's vehicle and tells Americans they're expected to comply with police and ignore our Constitution!
Does anyone still think America is the land of the free?
http://massprivatei.blogspot.com/2016/03/court-ruling-allows-police-to-stop-and.html
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