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Border Patrol Searches?

codenamepaul

codenamepaul

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Friend of mine up on the border reported on her FB that she had been searched yet again by the BP. She would not allow them to have a dog crawl all over her brand new car. The BP agent said that he didn't need permission.

Is the 4th Amendment now null and void within so many miles of the border now? Anyone care to fill me in? I used to live there (Ogdensburg, NY) and go back to visit often. I DO NOT EVER consent to my vehicle being searched by the PD, but have not had the BP pull me over up there. I am not inclined to allow them a search either.

What's the story?
 
I saw a video a few weeks back of a police officer (not Border Patrol) who used their dog to search around a guys car. He brought it to the front of the car (where his dash camera could not see him) and instructed the dog to bark, which gave him "permission" to tear the car apart looking for something. I guess they're finding ways to bypass the Constitution.


Here it is:
 
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BP has the ability to search your vehicle with no probable cause within a certain distance from the border. I don't think they can search your person though.
 
Stay out of Northern NH, IIRC the BP can pull thus crap within 100 miles of the border
 
Respond to a request to search your car with: "Only if I can search yours first."
 
Note to self: Do not live within 100 miles of the border.

Did I read that right? 100 miles times 3,000 miles of northern border = 300,000 square miles where you can be searched for no reason?!? Add to that whatever the length of the Mexican border is and maybe even a chunk of Florida (Cuba is within 100 miles). Jeebus!
 
My friend and I were driving home from Montreal about 40 years ago and were stopped by and upstate NY local PD. We had to follow them to the police station to go before the justice of the peace to pay a speeding fine (I wasn't driving). Anyway, they tore the car apart looking for "fireworks". Pulled up carpets, checked spare tire storage, door panels, etc. Said it was for "the children". Never know what those nasty fireworks can do. [laugh]
 
I'm in favor of this. But it needs to be modified to be "100 miles from any highway or other mode of transportation that connects to a point of entry."

That way, we can be SURE that all the bad guys are caught, and there's no need to worry about the ol' probale cause thing....that's SO 18th Century.
 
PatMcD said:
BP has the ability to search your vehicle with no probable cause within a certain distance from the border. I don't think they can search your person though.
Click to expand...

My friends and I were stopped when returning from Canada. They ransacked the car and thoroughly searched us all as well. It was so intense that I thought they were going to strip search us next. This was all without any request for our permission or probable cause.
 
Within a 100mi, huh? I would say that includes ocean???

They should set up a roadblock on 128 tomorrow morning.

But what would they do with all the illegals???
 
Marcus5aurelius said:
I saw a video a few weeks back of a police officer (not Border Patrol) who used their dog to search around a guys car. He brought it to the front of the car (where his dash camera could not see him) and instructed the dog to bark, which gave him "permission" to tear the car apart looking for something. I guess they're finding ways to bypass the Constitution.


Here it is:
Click to expand...


Folks, more signs that we don't live in america anymore, just something pretending to be america.

The guy pulled over did everything right (he was courteous to the LEO, followed directions, etc) and they still kept him tied up forever, and then they get a ****ing dog out to search his car, to find nothing.

Another "isolated incident", I guess.

-Mike
 
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All I can say is that you should never consent to a search, say it loud and clear, and multiple times.
 
So, if i was near the boarder and i get pulled over what are my options? are there any ways out of a search?

Mouse traps are funny, i'll just bait it with a bag of cannabis.
 
Just sitting here on lunch reading this thread and it really got me curious. After a nice long search, where they tear everything up and find absolutely nothing, what happens? I mean are they pretty much like "Yeah we trashed you're car, now you get to clean it up and be on your way?". I could be wrong but I thought I've seen videos of BP and PD ripping up the carpet and whatnot of cars, if they find nothing do they do anything for compensation of your car that is now ruined?

Something tells me you get laughed at and told to be on your way....
 
SIG1735 said:
Just sitting here on lunch reading this thread and it really got me curious. After a nice long search, where they tear everything up and find absolutely nothing, what happens? I mean are they pretty much like "Yeah we trashed you're car, now you get to clean it up and be on your way?". I could be wrong but I thought I've seen videos of BP and PD ripping up the carpet and whatnot of cars, if they find nothing do they do anything for compensation of your car that is now ruined?

Something tells me you get laughed at and told to be on your way....
Click to expand...


From what I understand, your last sentence nails it.[hmmm]
 
codenamepaul said:
Friend of mine up on the border reported on her FB that she had been searched yet again by the BP. She would not allow them to have a dog crawl all over her brand new car. The BP agent said that he didn't need permission.

Is the 4th Amendment now null and void within so many miles of the border now? Anyone care to fill me in? I used to live there (Ogdensburg, NY) and go back to visit often. I DO NOT EVER consent to my vehicle being searched by the PD, but have not had the BP pull me over up there. I am not inclined to allow them a search either.

What's the story?
Click to expand...

is she hot?

wow, it took 22 posts.
 
SIG1735 said:
Just sitting here on lunch reading this thread and it really got me curious. After a nice long search, where they tear everything up and find absolutely nothing, what happens? I mean are they pretty much like "Yeah we trashed you're car, now you get to clean it up and be on your way?". I could be wrong but I thought I've seen videos of BP and PD ripping up the carpet and whatnot of cars, if they find nothing do they do anything for compensation of your car that is now ruined?

Something tells me you get laughed at and told to be on your way....
Click to expand...

thats when they plant the evidence
 
INA § 287(a)(3) authorizes agents "within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States".

8 CFR § 287.1(a)(2) defines "reasonable distance" as 100 air miles from any external boundary of the U.S.

So, within 100 air miles of any land border or within 100 air miles of any coast, agents can search a car for aliens. If this search is at an established immigration checkpoint, zero suspicion is required. If the search is elsewhere (i.e. a traffic stop), reasonable suspicion specific to an immigration violation is required.
 
Glockaholic said:
Stay out of Northern NH, IIRC the BP can pull thus crap within 100 miles of the border
Click to expand...

Yeah they do....I had a pretty good verbal battle with one a few years ago...resulted in me being pulled off to the side and I got the "dog".... made to sit there like a 10 year old till this little Napoleon decided to let me go...this was Memorial Day Weekend and they set up every year on 93 just south of Woodstock.

lol just saw the video Marcus5 posted a few post up...seems that is per the norm.
 
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According to this, they are searching for "Aliens". If the vehicle doesnt have a space large enough to accommodate a person, then would they have no authorization to search it ? Or, can they only look in a spaces large enough to hide a person, such as the trunk and not a detailed search of the vehicle ?
Assuming of course that the driver and passneger are not illegals.....

ochmude said:
INA § 287(a)(3) authorizes agents "within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States".

8 CFR § 287.1(a)(2) defines "reasonable distance" as 100 air miles from any external boundary of the U.S.

So, within 100 air miles of any land border or within 100 air miles of any coast, agents can search a car for aliens. If this search is at an established immigration checkpoint, zero suspicion is required. If the search is elsewhere (i.e. a traffic stop), reasonable suspicion specific to an immigration violation is required.
Click to expand...
 

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