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Return to “Border Patrol Check Point Outside El Paso”
- Sun Sep 04, 2011 6:30 am
- Forum: LEO Contacts & Bloopers
- Topic: Border Patrol Check Point Outside El Paso
- Replies: 72
- Views: 16234
Re: Border Patrol Check Point Outside El Paso
Thanks for the explanation, Steve -- It just seemed to me that a vehicle isn't normally much more moveable than a house once you remove the people from it.
- Sat Sep 03, 2011 3:14 pm
- Forum: LEO Contacts & Bloopers
- Topic: Border Patrol Check Point Outside El Paso
- Replies: 72
- Views: 16234
Re: Border Patrol Check Point Outside El Paso
As of 7 or 8 years ago, when that checkpoint was open, they would typically just wave you through (at least if you didn't look foreign). Haven't been back recently.fulano wrote:I think they can do what they want. I don't think these guys read the constitution for recreation. They just have a job to do.smtimelevi wrote:Wasnt sure what kinda authority they had as border patrol with the check point. I Remember reading something that they can only search your vehicle on the way in the country but there was some bull clause that they had authority to stop and search you on probable cause within 100 mi of the border. ......
I lived in Orange County in the early 90's and went into Mexico many many times to enjoy 4X4ing the back roads south of Ensenada. When I returned, usually late sunday evenings, there was often a manned check point north of San Diego on the I5 where every vehicle was stopped, questions were asked as to where you had been and where you were coming from, etc, and a flashlight inspection was always made. I had a Jeep Cherokee and If there was anything covered in the back I had to get out and remove it so they could see. Often cars were being totally searched; I never got that treatment. It was Border Patrol & CHP. That was nearly 20 years ago when Mexico was very laid back and hardly any border problems.
I can't imagine what that experience would be like today.
- Sat Sep 03, 2011 10:21 am
- Forum: LEO Contacts & Bloopers
- Topic: Border Patrol Check Point Outside El Paso
- Replies: 72
- Views: 16234
Re: Border Patrol Check Point Outside El Paso
Why couldn't the same thing be done with a vehicle that is done with a house?gigag04 wrote:If PC exists, a car may be searched without warrant. The exigent circumstance is that it is moveable.steveincowtown wrote:I get the probale cause with the dog but what eminent threat exsist to BP agents away from the border that required the immediate execution of a warrantless search?gigag04 wrote:No - we cannot agree. Read up on the legal concepts of exigent circumstances and probable case to find why. The YouTube legal experts offer legal advice that is worth what it costs.steveincowtown wrote: Can we at least agree that as an American, I have the right to say no to a warrantless search of my home, car, etc?
Anyone who chooses to open up their car or home to search is welcome to do so. I will not.
If a SW is to be obtained for the residence, the (case) law permits a protective sweep to empty and secure the house, and everyone sits outside while an officer obtains the warrant. Evidence observed during the sweep is admissible into the SW and used to build PC.