it's within their jurisdiction. 100 air miles. they can briefly detain and ask about citizenship. ironically, this is evidence that they are not profiling.
@@markchaires3189they may stop you and ask. They cannot hold you indefinitely if you refuse to answer. Detentions must be brief to maintain its reasonableness standard
@@DOUGBohn-n1t Nice Try - the Supreme Court did not give a set time limit on the detention. The detention may get prolonged due to a lack of cooperation. It would have lasted only a minute had she complied with information the Supreme Court has allowed the officers to request.
My husband tried that today he went through secondary checkpoint and answered all the questions except when they asked to search his car he said no so they call cops while they tore his truck apart,they arrested him and put him in cuffs just long enough for search then let him go he sent pictures of damage of truck and the marks on wrist and it doesn’t look good
This is where I think the SCOTUS got it wrong. A citizen has the right to travel without interference from law enforcement. I agree, just asking the question if you are a citizen and you answering yes does NOTHING to determine your citizenship status. The SCOTUS says that a brief stop to determine your status is permissible. When is violating a right ok even for a little amount of time? How long is ok? The whole thing is arbitrary. Rights are rights and should NEVER be violated.
@@YohanPenny former law enforcement here and I can tell you from first hand experience that those checkpoints are bullcrap. All you have to do is look at their drivers license and run it thru ncic. It will automatically check 3 things and your citizenship is one of those. I totally agree with border enforcement but in reality it is a joke.
99 percent are tyrants and have extreme hatred for everyone else. They forget one day they will retire or die one day. They are more evil 😈 than the regular police because they have seen that they can abuse citizens and other people without any consequences. History has shown us that tyrants come and go and the curse is after retirement they will not live long enough to enjoy it or if they do they will be miserable in it. What you sow you reap at a vulnerable age.
If it's in a car you have to have a valid drivers license, legally required to identify yourself if you are driving a vehicle... This has been upheld to trump ones right to remain silent.
Adam F: You're probably thinking of a police officer who has executed a traffic stop for an articulable reason. Also, a driver's license check is a different thing than a "citizenship for everyone in the car" check.
Actually you do NOT need a license unless you are a commercial vehicle. The Supreme Court has rules that citizens had the right to travel when they used horse-drawn carriages, and they STILL retain that right with horseless carriages (cars). The right has not been lost .
You may not need a license on FEDERAL PROPERTY as an ID , but every state has their own rules, and YES TO DRIVE IN THE STATE YOUR IN YOU NEED A LICENSE its not part of your FEDERAL RIGHT .. its a STATE LAW, and horseless carriages are not CARS.
What people failed to realize is that she has the right to stay quiet since everything you said can only be used against you in the court of law and the supreme court’s yes they rule the officer can ask the question if he has reasonable suspicion that she’s not a legal person in the United States and if she has committed or about to commit a crime
She can plead the fifth in front of the judge, No one forced her to do otherwise, and she was given her rights to do so. There is a process to do it though, and you are just griping about it. There is a sane and good reason for the laws we have that protect our country and the citizens Unless you are here illegally or on the run for breaking laws, then there should be no reason to not show your ID when crossing state lines, or borders. Tired of people thinking they are so privileged they can be above the vetting process or verification processes. Time to grow up people.
@@lumindina699 so you don’t believe in the 4th amendment? You think everyone should give up their rights to protect America, but if they do that what America is left to protect? And additionally if someone said that about 2A, it would suddenly not apply, right?
@@chavvy9074 I never said I don't believe in the rights of our Amendments. We also have a process to follow when it comes to national security. PLEASE do not try to twist it up to look like no one should show ID. You sure have no issue flashing it to STRANGERS at the liquor store or bars when asked! OMFG please grow up and stop being the type that thinks everything is unfair because fairness is taught to you and there is really nothing "fair". That is something created in your own mind by your personal preferences and influences.. What is fair to you is not fair to others. Comprehend? Try using common sense especially when it comes to national security.
No one should be made to feel guilty or be coerced into giving up their guaranteed rights. Elitist don't understand this because they are given the benefit of doubt by law enforcement in almost every situation. Keep doing what you're told while we fight for your freedom.
You nailed it. They whine how ppl want to defund the police while they have their 'celebrity pardons' so they have no idea what the real citizens deal with. They can ask but Supreme court confirms we don't have to answer.
I don't think she was wrong, I've been through lots of border check points in tx, I love how the idiots of the world always say that it's disrespectful to question their authority, those are the people that bow down and take anything, some of us stand up firm for our rights, it's disrespectful to the people that have died fighting for our rights.
Is ironic how people always talk about protecting America, but then they are considered to be "bowing down" to authorities when asking for a simple question or to show an ID. What if an illegal immigrant (criminal or not) with an american accent simply refuse to answer a question or show an ID. It is impossible for an agent to tell if somebody is a citizen or a legal resident by just looking at their face.
It tells you that there can be an internal checkpoint up to 100 miles. It tells you she was about 35 miles in to the US. She was well below the mile limit.
+Jason Gochez and also well in her rights to completely ignore anything they say to her. "unless I have committed a crime I refuse to speak to you anymore" bam
The individuals who stand up are vilified by police, they make a scene and say things that get the people watching to think the person being questioned is in the wrong... I have a video on my channel about an unjustified detainment. I have comments obviously that go both ways but at the end of the day people are finally aware that they have rights. Just because you are talking to people in authority doesn't mean that you have to submit like a dog.. Learn what you can and can't do don't let people in a costume bully you.. they have guns and don't want you to have them.. record record record!
The reporter who says at the end, “she was at a border checkpoint....”. No, she wasn’t. These checkpoints far from the actual border are a total discriminatory nuisance to locals who live in the area and need to use the roads, many of whom are Latino and whose families may have been living there for generations, even before it became U.S. territory in 1847.
Yes at the beginning of this they said she was not at a checkpoint they said she was within 100 miles of a checkpoint up but she was just riding down the street and that was her initial issue with this is that she wasn’t added checkpoint so I think what she’s saying is if she were at a checkpoint coming into the country she could understand that no at least that was my take away from this but the fact that she was riding down the street in a border town or city does not give them the right to just pull her over and ask about her status as a citizen or question her children the police are not even allowed to question your children THIS IS RIDICULOUS
That she wasted 90 mins of her and her child's life while the agent sat there and got paid. Whether she was on vacation or not, sitting in your car for 90 mins with 3 children isn't ideal. Lol
@@samjones6046 what exactly did she accomplish? I'm sure she did, at the same time the agents ran her plates, got her info and probably knew who she was in about 2 mins, I see where you're coming from, but at the end of the day... the agents still won. Haha
@@amendz07 not really, she hit their reputation and that agent's face has been plastered all across the news. His family and friends to whom this matters, they're not going to look at him the same way.
Emily the patrol officer could’ve let her go immediately either way. They only detain you cause that’s all they can do. She still didn’t answer the question. They can’t arrest you for not answering. You pretty much just get detained for pissing them off.
The Constitution and its Amendments are "vague" and it requires the SCOTUS to interpret......And the SCOTUS has ruled that what those agents are doing is well within the "Constitution and its freedoms".
So the people stopping her for no legitimate reason and demanding she relinquish her Constitutional rights aren't confrontational? You are extremely confused.
@Natural_Born_Writer Why isn’t it the battle to pick? She stood firm on her rights and didn’t get arrested, and the recorded interaction sparked a conversation about the limits of police powers in a country that claims to police by consent. Why isn’t it a battle to pick again?
What an authoritarian question from the woman newscaster! "How do we find out if you are a lawful citizen?" I know she is trying to help but her approach is wrong headed. Can't, short of "show me your papers" type of paradigm, which is absolutely counter to the Constitution of the United States of America.
Exactly and I love how she said "apparently questioning authority is being disrespectful" lol no acting like a karen is what was disrespectful. I'm sure she feels like a true hero for this 🤣🤣🤣🤣
San Diego, where I was born on the navy base, is within that 100 miles (actually, the hospital is less that 20 miles from the border). By the Supreme Court ruling, all persons in the city and a large portion of the county of SD, can be detained outside their homes or residences, schools and places of worship on the grounds of “reasonable” suspicion of illegal border crossing. That’s f’ing scary.
Hey I lived in Huntington Beach for 25 years I used to go down to Mexico all the time before 911 you did not need a passport and the border patrols would just ask you where you're born where you're from where you going you just answer me when you're on your way it's not a big deal why she have to be such a Karen let them do their job and be on your way stop answer the questions and be on their way it's just like with traffic cops pull you over of course there's bad seeds Okay but most of time you cooperate you do what you're told you're on your way you have a ticket or you're on your way with a warning you don't get shot you don't get killed do as you're told when they're in those kind of situations with authority you want your privacy give them what they want and get on your own stop stirring the pot for no reason
@@DJ72266 it’s when people pretend that pisses me off. You’re talking about the Tijuana border checkpoint which is when we should have to answer these questions. She’s 35 miles from the nearest border… there’s a significant difference.
thats america for you the land of stupid laws and rules and at the same time you have 20 amendments that normally say that what these people are doing is wrong go figure
Yea right, until you experience it for yourself you shouldn’t speak on it… there are plenty of bad cops like good ones, why do so many cops hate cameras BECAUSE THE TRUTH IS TOLD AND SHOWS HOW UNPROFESSIONAL AND DISRESPECTFUL THEY CAN BE!
We The People Don’t Have to give up our Rights for Anyone. ( Officers need Reasonable Suspicion, Then Citizens still Do Not Have to answer Questions ) A Constitutional Protected Right Can Not be Made a Crime.
The border patrol agents at that checkpoint have demonstrated concerning behavior. On one occasion, I witnessed them forcibly breaking a man's car windows after he declined to speak with them. Additionally, during my regular passage through the checkpoint, I have observed the agents selectively pulling over and searching the vehicles of Hispanic drivers, while consistently allowing white drivers to proceed without inspection. This pattern of apparent racial profiling is deeply troubling.
This teacher spent some time and adrenaline, but her relationship with her students and community will be sooo much better. Well worth it. And this agent just showed how stupid and senseless current regulations are. Maybe that is the way he is required to do his job, but I feel sorry for him. And for all of us.
The tyrants rely upon us thinking we're not cooperating with their actions.. The same actions in reverse shows who your master is and they don't like it when we ask the questions... 👍
"Just doing his job." You know if I hire someone to throw eggs at cars as they come down the road does that make it ok because "he was just doing his job?" Man I hate that phrase.
check points should at the border, not 30 miles inside the f--king border. Don't answer any questions and if they detain you, just sit there and file the lawsuit afterwards for violating your rights. This is straight up un-constitutional. Not wanting to answering questions is NOT being disrespectful, it's your LEGAL right not to answer their questions.
She would have had to have done something that they could reasonably have just cause to detain her. Since they do not have this, she should not have been detained.
Another avenue that the boarder patrol agents could use is basic logic or commen sense. I'm guessing that someone that is not a citizen is not going to attempt to stand up to this tyranny and exercise her right to travel freely.
standing up does not make you any more of a citizen, it just makes you clever. wait out the time and they have to let you go. so if I am an Illegal all i gotta do is keep my mouth shut, time runs out and I'm on my way. simple as that.
''tyranny'' lmao. Are stop signs, speed limits, & parking meters tyrannical as well? If the citizen represented by elected officials voted for there to be a checkpoint so as to curb the flow of illegals especially due to its proximity from the border, then there is no problem.
Jonas, so let's vote back slavery in the southern states. No problem. smh. Bottom line is that any law "elected officials voted for..." cannot run afoul of the US Constitution. It's what I pledged an oath to when I enlisted in the Army and that is what I'll defend.
5 років тому
the Immigration and Nationality Act of 1946. The law granted immigration agents the authority “to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States” and to “board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle.” However, they could only do this “within a reasonable distance” from an external US boundary. At first, that distance was just 25 miles. But in 1953, the Department of Justice published a rule redefining a reasonable distance to “a distance of not exceeding 100 air miles of any boundary of the United States.”
No you're not allowed to illegally detained someone unless you can articulate a crime or a traffic violation if you illegally detained someone you can be sued
The reporter said it was a border checkpoint but it wasn’t. They’re not even reporting on this accurately. The teacher’s point was they were NOT at a border crossing. They’re in the USA so she’s like why do I need to tell you my citizenship. Reporters were all clearly biased. Terrible trait in a reporter.
@@brianpomeroy9624 Imagine being a hispanic- American living in the border, and ANYTIME you traveled you are asked "are you a US citizen ?" Do I really have to prove that i am an American based off my looks ? If this is called being an American, I want none of it.
@@slkjess1206 Excuse me, how hard is this: Officer: Good afternoon, ma'am, are you U.S. Citizen? You:. Yes sir. Officer: Okay, you can go. Seriously?!!! The Border Patrol Officers have a job to do. Do you think they want to stand there and argue with you because you can't be reasonable and just answer a simple question? For crying out loud! Just answer a simple question and be reasonable. It's not that complicated. SMDH.
@@brianpomeroy9624 It is their job, but do i need to prove i am an American citizen ? Imagine their being a checkpoint where you live, and you were constantly asked/questioned if your a US citizen along with other questions of confirmation such as "where were you born ? What hospital were you born at ? Where did you go to school ? etc. Also, this is a problem with the law, not the border patrol agents. Border patrol should be limited in their power, and only ask such questionns if they are suspicious, and thats it. Let people go on their merry way. I was born in the U.S.A., so i am an American right ?
@@slkjess1206 If you're in a border area, you don't know who's a citizen or who isn't. If you just answer the question, you'll get it over with much faster than arguing.
It was 30 miles away from the border so how is this a border checkpoint? As a U.S. citizen you have the right not to answer questions. Not answering questions cannot be used as reasonable suspicion or probable cause that a crime has been or is being committed so anything more than a brief detainment for asking a few questions (which you don't have to answer) is a violation of her rights.
u have to remember that as soon as u mention your right to any one in law enforcement it becomes confrontational, or your being difficult, and that's sad
You are disrespectful boarder patrol does not have a right she does not have to answer questions 5 amendment right....to remain silent supream court must remove this unlawful illegal law Franklin said if you give up some of your rights for security then you deserve neither...
@@preciousgems4036 When people comment in all caps I automatically assume they are on the lower end of the intelligence spectrum. You can get your point across without sounding like tantrum induced 5 year old.
The easiest way for her to overcome that situation is by saying I will answer if my lawyer is present I have seen some videos where passengers respond that way and they are told to continue
NEWS FLASH for CBS news !!! There is NO "legal question" here. At least not to anyone who UNDERSTANDS what is going on. There is NO legal requirement to answer ANY of their questions. Don't take MY word for it, CALL the HEAD of Border Patrol. Ask this simple "yes" or "no" question. "Is there ANY law which REQUIRES a person to answer the question " are you an American citizen?" Hint: the correct answer is "no."
@@emily4439 Legal reason to stop a person for a violation is completely ok. But detaining someone without any reason is illegal. You can stop people for suspicion... you can't stop everyone. and no... Have yet to see anyone of these people get arrested or anything for not showing ID.
The point not addressed here is that this teacher was driving in the United States and never left the highway entering another country. ......and stated this was a border patrol 30 miles north of the border .
United States v. Martinez-Fuerte does not mean you have to give up your 5th Amendment rights under the Constitution. Furthermore, it says the Border Patrol does not have unlimited time to detain you. Personally, I think this ruling should be challenged and struck down. It is a clear violation of the 4th Amendment.
How is simply ASKING "Are you a U.S. citizen?" and then letting them go if they answer yes accomplishing _anything?_ Do they think illegals aren't going to or can't lie? *BPA:* "Are you a U.S. citizen?" *Illegal Immigrant:* "Yes" *BPA:* "On your way." What did _that_ just accomplish? The same thing war is good for, according to the old song (absolutely nothing).
@@WmTRiker Once again smooth head. BP ain't your friend. Hell any government nor state agency ain't your friend. They will find fraud and offense when there isn't. There's a reason why there's thousands if not millions behind bars as we speak over crimes they never commit.
"he's just doing his job, what's he supposed to do?" Not my problem. He can ask questions, I don't have to answer. Maybe he should resign and get a job that's less complicated.
Norah, Gail...Nope! It doesn't matter that he was 'just doing his job'. Nope, Norah, it's not her job to offer suggestions as to what Border patrol should do differently. The same 'laws' that 'allow' for check points, allow for people to remain silent. Sorry!
Just remember that before and during the revolutionary war. Everyone was required to go through unlawful check points and prove who they were. We caught that war for many violations of our rights, this being one of them. Ameri an citizens should never have to go through this. We are the ones being disrespected and this lady was right. Good for you.
It’s not up to the teacher to give him suggestions. And violating her rights is not treating her with respect and dignity. Even if he thanked her for it. That’s like beating someone and then thanking them and then claiming you did it with respect and dignity.
@rilo 2th4u This isn't on the border. And the Constitution of the United States of America isn't a "liberal" thing, It's an American thing. I'm not into giving up my rights in the name of security, and I don't claim a political party.
The people critisizing this woman saying "this job must be done" are ignoring the fact of law that a "reasonable" suspicion that a crime has been comitted or that the person in question is in the United States illegally. The people's rights to stay silent does not disappear in the absense of reasonable suspicion, and perceived disrespect, justified or unjustified, does not meet the requirement of "reasonable" suspicion. What is suspect are the right-wingers support of gestapo tactics that violate Constitutional rights.
@Ed Judd The Supreme Court has also ruled that using your 5th amendment right to remain silent is not grounds for reasonable suspicion. Obviously, driving on a highway is not reasonable suspicion. Where was the reasonable suspicion coming from? Border Patrol is a pathetic excuse of an organization.
She has an american accent, mentions that she has never been stopped and asked about citizenship before, she knows her constitutional rights.....and yet these "genius" "investigators" can't put 2 and 2 together, investigation as part of their job, that more than likely, she is american🤦♀🤦♀
its not the border, next it will be 100 miles of the Canada border, then 100 miles of the coast, after that 100 miles of ANY state border.....etc. etc.etc. where does it end???? check points on every corner?
""Actually it is 100 miles from any point of entry,"" so technically 100 miles from any airport that accepts international flights, that could cover the entire country??
"the officer may ask the detainee a moderate number of questions to determine his identity and to try to obtain information confirming or dispelling the officer's suspicions. But the detainee is not obliged to respond." Berkemer v. McCarty, 468 U.S. 420, 439 (1984).
Yep. Agents here can only detain for 'brief questioning of the vehicle's occupants" and "any further detention or search must be based on [the greater showing of] consent or probable cause." Once a driver indicates that he will not answer questions or consent to extend the detention or a search, then the only real option available to the agents are to quickly check for evidence of crime, such as contraband in plain view, and let him go if no evidence of crime is found. Quotes source: 428 U.S. 543 (1976)
If the Supreme Court indeed has okayed this tactic, then we have a very bad constitutional crisis within the Supreme Court. Anyone who is ok with this sort of impingement on our civil liberties has no idea or respect for liberty and freedom in this country. This is not protection, it is a step toward tyranny and oppression. The right to proceed within the U.S. without interference unless there is probable cause which can be demonstrated is a fundamental right and any breach of that right should worry everyone. I am aghast that the Supreme Court would breach such a right.
oh because its just so hard for someone who is an American citizen to answer yes when asked. I wonder what liberty they are getting in the way of for a 2 sec question and answer?
What changed after 90 minutes, that made a difference to the bp which allowed her to continue on her way. There wasn't anything which would support any suspicion she was not a U.S. citizen. This clearly was a show of power by bp. How does a "yes" answer allow passage, it might be a lie.
She did not answer why did he let her go if she was doing wrong. Letting her just proves she was right. And if he had made the mistake of arresting her for not answering questions he would have been in a damn lot of trouble.
Border Patrol may stop vehicles at certain checkpoints to: (1) ask a few, limited questions to verify citizenship of the vehicles’ occupants and (2) visually inspect the exterior of a vehicle. Agents may send any vehicle to a secondary inspection area for the same purpose: brief questioning and visual inspection. Agents should not ask questions unrelated to verifying citizenship, nor can they hold you for an extended time without cause. Even though you always have the right to remain silent, if you don’t answer questions to establish your citizenship, officials may detain you longer in order to verify your immigration status. SOURCE: ACLU PAMPHLET
Thanks. Yep. Not a thing about drivers being required to answer questions. They aren't. Or about agents having the authority to detain until a driver answers. They don't.
Her response comes from a pamphlet issued by the American Civil Liberties Union. The American Civil Liberties Union does not decide the law, the courts do, like the Supreme Court: "We have consistently held that a refusal to cooperate, without more, does not furnish the minimal level of objective justification needed for a detention or seizure." Florida v. Bostick (89-1717), 501 U.S. 429 (1991) (Supreme Court)
@Nehemiah Scudder What rights are you surrendering? Do you all not understand that the 4A does not apply at and up to 150 miles from the border, after that you can whine and cry about being searched.
@Nehemiah Scudder You fail to understand that the right is NOT Taken away. It simply does not apply at that time and place. The 1A is a right cannot just be used at any old time. Try using your freedom of speech while on the job to talk about your boss. Yes you have the freedom of speech, but he also has the freedom to fire you. The 2A is a right but we cannot take a gun into certain places. Can you take a gun into a school? Courthouse? Past the security screening area of an airport. I don't know what your point of the airport example has to do with anything. When you fly into the United States, you are not on the "border" and they have the right to search your bags, and ask for your identification to verify your residency. If one is going to enjoy the rights and privileges of this country one should be expected to simply say "ok here you go" The video also explains that the agents were in the right.
I believe that teacher had EVERY RIGHT to do what she did!! I would have done the same thing those agents do not need to know your personal life: e.g. if you have kids and where they go to school etc I would have just told them I am not answering any questions or simply use my power of right to remain silent!!
It’s not a border crossing. Without reason to believe she’s here unlawfully, his job is to release her
it's within their jurisdiction. 100 air miles. they can briefly detain and ask about citizenship. ironically, this is evidence that they are not profiling.
@@markchaires3189they may stop you and ask. They cannot hold you indefinitely if you refuse to answer. Detentions must be brief to maintain its reasonableness standard
@@markchaires3189 90 minutes is not a brief detention. After 15 minutes they are breaking the law according to the Supreme Court.
@@DOUGBohn-n1t Nice Try - the Supreme Court did not give a set time limit on the detention. The detention may get prolonged due to a lack of cooperation. It would have lasted only a minute had she complied with information the Supreme Court has allowed the officers to request.
If it's within 100 miles of the border, it's within their jurisdiction.
"Papers Please", wake up America and stand up for your constitutional rights!
My husband tried that today he went through secondary checkpoint and answered all the questions except when they asked to search his car he said no so they call cops while they tore his truck apart,they arrested him and put him in cuffs just long enough for search then let him go he sent pictures of damage of truck and the marks on wrist and it doesn’t look good
Your an idiot
@RedOctober46 .you stupid people. Just say your a US citizens and go on.has nothing to do with your rights.
It's not a violation of her rights
As an American, I support these cops doing their job. Way to many illegals here.
Let's face it: these checkpoints are for intimidation. Just asking that one question doesn't prove anything at all about the person's citizenship.
This is where I think the SCOTUS got it wrong. A citizen has the right to travel without interference from law enforcement. I agree, just asking the question if you are a citizen and you answering yes does NOTHING to determine your citizenship status. The SCOTUS says that a brief stop to determine your status is permissible. When is violating a right ok even for a little amount of time? How long is ok? The whole thing is arbitrary. Rights are rights and should NEVER be violated.
You're all idiots and have no clue what is necessary to be an agent. Go back to your caves.
@@YohanPenny former law enforcement here and I can tell you from first hand experience that those checkpoints are bullcrap. All you have to do is look at their drivers license and run it thru ncic. It will automatically check 3 things and your citizenship is one of those. I totally agree with border enforcement but in reality it is a joke.
People just looking for any excuse to get money.
@@dennismood7476 a citizen has a right to travel on foot, driving isnt a right its a privilege.
They don't show respect, there are dozens if not hundreds of video's of them being disrespectful, snarky and act like petty tyrants.
99 percent are tyrants and have extreme hatred for everyone else. They forget one day they will retire or die one day. They are more evil 😈 than the regular police because they have seen that they can abuse citizens and other people without any consequences. History has shown us that tyrants come and go and the curse is after retirement they will not live long enough to enjoy it or if they do they will be miserable in it. What you sow you reap at a vulnerable age.
You have a Right to remain Silent. And you also have a Right to Travel.
If it's in a car you have to have a valid drivers license, legally required to identify yourself if you are driving a vehicle... This has been upheld to trump ones right to remain silent.
Adam F: You're probably thinking of a police officer who has executed a traffic stop for an articulable reason. Also, a driver's license check is a different thing than a "citizenship for everyone in the car" check.
Azopi9 ao
Actually you do NOT need a license unless you are a commercial vehicle. The Supreme Court has rules that citizens had the right to travel when they used horse-drawn carriages, and they STILL retain that right with horseless carriages (cars). The right has not been lost
.
You may not need a license on FEDERAL PROPERTY as an ID , but every state has their own rules, and YES TO DRIVE IN THE STATE YOUR IN YOU NEED A LICENSE its not part of your FEDERAL RIGHT .. its a STATE LAW, and horseless carriages are not CARS.
What people failed to realize is that she has the right to stay quiet since everything you said can only be used against you in the court of law and the supreme court’s yes they rule the officer can ask the question if he has reasonable suspicion that she’s not a legal person in the United States and if she has committed or about to commit a crime
Yes, but where is it stated that the party must answer the question, he says he must ask it not that he has to have an answer.
You got that right they put this little green uniform on a badge and a gun and they think they have authority over everybody
She can plead the fifth in front of the judge, No one forced her to do otherwise, and she was given her rights to do so. There is a process to do it though, and you are just griping about it. There is a sane and good reason for the laws we have that protect our country and the citizens Unless you are here illegally or on the run for breaking laws, then there should be no reason to not show your ID when crossing state lines, or borders. Tired of people thinking they are so privileged they can be above the vetting process or verification processes. Time to grow up people.
@@lumindina699 so you don’t believe in the 4th amendment? You think everyone should give up their rights to protect America, but if they do that what America is left to protect? And additionally if someone said that about 2A, it would suddenly not apply, right?
@@chavvy9074 I never said I don't believe in the rights of our Amendments. We also have a process to follow when it comes to national security. PLEASE do not try to twist it up to look like no one should show ID. You sure have no issue flashing it to STRANGERS at the liquor store or bars when asked! OMFG please grow up and stop being the type that thinks everything is unfair because fairness is taught to you and there is really nothing "fair". That is something created in your own mind by your personal preferences and influences.. What is fair to you is not fair to others. Comprehend? Try using common sense especially when it comes to national security.
No one should be made to feel guilty or be coerced into giving up their guaranteed rights. Elitist don't understand this because they are given the benefit of doubt by law enforcement in almost every situation. Keep doing what you're told while we fight for your freedom.
You nailed it. They whine how ppl want to defund the police while they have their 'celebrity pardons' so they have no idea what the real citizens deal with. They can ask but Supreme court confirms we don't have to answer.
People need to understand that officers aren’t your friend and talking to them will put you into problems
I don't think she was wrong, I've been through lots of border check points in tx, I love how the idiots of the world always say that it's disrespectful to question their authority, those are the people that bow down and take anything, some of us stand up firm for our rights, it's disrespectful to the people that have died fighting for our rights.
LoL 🤣
The man was doing his job, as the United States government sees fit.
Is ironic how people always talk about protecting America, but then they are considered to be "bowing down" to authorities when asking for a simple question or to show an ID. What if an illegal immigrant (criminal or not) with an american accent simply refuse to answer a question or show an ID. It is impossible for an agent to tell if somebody is a citizen or a legal resident by just looking at their face.
I guess you would have to go through as many check points as I have to understand the point.
How about putting the border checkpoint at the border?
It tells you that there can be an internal checkpoint up to 100 miles. It tells you she was about 35 miles in to the US. She was well below the mile limit.
+Jason Gochez and also well in her rights to completely ignore anything they say to her. "unless I have committed a crime I refuse to speak to you anymore" bam
No you don't have to speak to them period and you have the right to request a lawyer if the want to ask questions.
Why didn't she just run the check point and keep on going?
john paul porrelli Na. Makes too much sense.
Wow, a citizen wanting to stand up for their rights when so many people are just willing to bow down and give up their citizen rights.
The individuals who stand up are vilified by police, they make a scene and say things that get the people watching to think the person being questioned is in the wrong...
I have a video on my channel about an unjustified detainment. I have comments obviously that go both ways but at the end of the day people are finally aware that they have rights.
Just because you are talking to people in authority doesn't mean that you have to submit like a dog..
Learn what you can and can't do don't let people in a costume bully you.. they have guns and don't want you to have them..
record record record!
Stupid citizens don't even know what the bill of rights are and cannot even say them. Just go ask some.
The reporter who says at the end, “she was at a border checkpoint....”. No, she wasn’t. These checkpoints far from the actual border are a total discriminatory nuisance to locals who live in the area and need to use the roads, many of whom are Latino and whose families may have been living there for generations, even before it became U.S. territory in 1847.
Yes at the beginning of this they said she was not at a checkpoint they said she was within 100 miles of a checkpoint up but she was just riding down the street and that was her initial issue with this is that she wasn’t added checkpoint so I think what she’s saying is if she were at a checkpoint coming into the country she could understand that no at least that was my take away from this but the fact that she was riding down the street in a border town or city does not give them the right to just pull her over and ask about her status as a citizen or question her children the police are not even allowed to question your children THIS IS RIDICULOUS
We need more check points.
In the end, she drove away after 90 min WITHOUT answering his questions... What does that tell you?
punishing non compliance with bootjack tactics,
That she wasted 90 mins of her and her child's life while the agent sat there and got paid. Whether she was on vacation or not, sitting in your car for 90 mins with 3 children isn't ideal. Lol
@@amendz07 she exercised her rights, some rights are worths a few minutes.
@@samjones6046 what exactly did she accomplish? I'm sure she did, at the same time the agents ran her plates, got her info and probably knew who she was in about 2 mins, I see where you're coming from, but at the end of the day... the agents still won. Haha
@@amendz07 not really, she hit their reputation and that agent's face has been plastered all across the news. His family and friends to whom this matters, they're not going to look at him the same way.
You have a right to remain silent. Period.
It’s good training too
Ask the question at tne real border then
Apparently she was in her rights lol...she was let go
Emily the patrol officer could’ve let her go immediately either way. They only detain you cause that’s all they can do. She still didn’t answer the question. They can’t arrest you for not answering. You pretty much just get detained for pissing them off.
Emily that’s what I just said. All they can do is detain you. You’re not gonna get arrested. They detain you. And they let you go.
@@poca723 After they get your plate and verify your citizenship.
ZThye ran her plate and found that she was a citizen. Why she couldn't tell them that? Idk. Probably her friend brainwashed her.
MegaGames360 oh good so then you DONT need to answer and they don’t need to ask. They can check with my plates and spare us the time
“A job that must be done”, bruh it’s an INTERNAL checkpoint, most unnecessary job in the world
Except for the HUNDREDS that are caught at them checkpoints. LMAO.... Your Ignorance is amazing!
I agree he has to do his job, and his job is the oath he swore to the constitution and the freedoms given to the people.
The Constitution and its Amendments are "vague" and it requires the SCOTUS to interpret......And the SCOTUS has ruled that what those agents are doing is well within the "Constitution and its freedoms".
@@machonsote918 THEY ARE .N.O.T. "VAGUE", AND THEY MEAN PRECISELY WHAT THEY SAY.
@@harrisjames2047 : Wow! You're knowledgeable of Constitutional Law............Even, without a High School Diploma.
She comes across as being confrontational, but if that’s what it takes to reinforce our principles, I’m with it! Good job!
So the people stopping her for no legitimate reason and demanding she relinquish her Constitutional rights aren't confrontational? You are extremely confused.
@@alwayssunnyinphiladelphia922 you are in idiot Supreme Court already ruled it’s not a constitutional violation. Wannabe lawyers 😂🤣😂
@Natural_Born_Writer why not
@Natural_Born_Writer Why isn’t it the battle to pick? She stood firm on her rights and didn’t get arrested, and the recorded interaction sparked a conversation about the limits of police powers in a country that claims to police by consent. Why isn’t it a battle to pick again?
Why you support this? Its communism Not democracy.
What an authoritarian question from the woman newscaster! "How do we find out if you are a lawful citizen?" I know she is trying to help but her approach is wrong headed.
Can't, short of "show me your papers" type of paradigm, which is absolutely counter to the Constitution of the United States of America.
Exactly and I love how she said "apparently questioning authority is being disrespectful" lol no acting like a karen is what was disrespectful. I'm sure she feels like a true hero for this 🤣🤣🤣🤣
*GESTAPO CHECKPOINT SHOW YOUR PAPERS*
She wasn't stopped by the constitution.
San Diego, where I was born on the navy base, is within that 100 miles (actually, the hospital is less that 20 miles from the border). By the Supreme Court ruling, all persons in the city and a large portion of the county of SD, can be detained outside their homes or residences, schools and places of worship on the grounds of “reasonable” suspicion of illegal border crossing. That’s f’ing scary.
In reality, about 2/3 of the population lives within this 100 mile border range. It is pretty scary.
What's scary is 90% of the country lives within a 100 miles of a border...
Hey I lived in Huntington Beach for 25 years I used to go down to Mexico all the time before 911 you did not need a passport and the border patrols would just ask you where you're born where you're from where you going you just answer me when you're on your way it's not a big deal why she have to be such a Karen let them do their job and be on your way stop answer the questions and be on their way it's just like with traffic cops pull you over of course there's bad seeds Okay but most of time you cooperate you do what you're told you're on your way you have a ticket or you're on your way with a warning you don't get shot you don't get killed do as you're told when they're in those kind of situations with authority you want your privacy give them what they want and get on your own stop stirring the pot for no reason
@@DJ72266 it’s when people pretend that pisses me off. You’re talking about the Tijuana border checkpoint which is when we should have to answer these questions. She’s 35 miles from the nearest border… there’s a significant difference.
thats america for you the land of stupid laws and rules and at the same time you have 20 amendments that normally say that what these people are doing is wrong go figure
Ihre Papiere, Bitte! The Voice of the Gestapo that made an entire nation tremble with fear.
Yea right, until you experience it for yourself you shouldn’t speak on it… there are plenty of bad cops like good ones, why do so many cops hate cameras BECAUSE THE TRUTH IS TOLD AND SHOWS HOW UNPROFESSIONAL AND DISRESPECTFUL THEY CAN BE!
We The People Don’t Have to give up our Rights for Anyone. ( Officers need Reasonable Suspicion, Then Citizens still Do Not Have to answer Questions ) A Constitutional Protected Right Can Not be Made a Crime.
The border patrol agents at that checkpoint have demonstrated concerning behavior. On one occasion, I witnessed them forcibly breaking a man's car windows after he declined to speak with them. Additionally, during my regular passage through the checkpoint, I have observed the agents selectively pulling over and searching the vehicles of Hispanic drivers, while consistently allowing white drivers to proceed without inspection. This pattern of apparent racial profiling is deeply troubling.
This teacher spent some time and adrenaline, but her relationship with her students and community will be sooo much better. Well worth it. And this agent just showed how stupid and senseless current regulations are. Maybe that is the way he is required to do his job, but I feel sorry for him. And for all of us.
The tyrants rely upon us thinking we're not cooperating with their actions..
The same actions in reverse shows who your master is and they don't like it when we ask the questions... 👍
It's amazing how quickly they will escalate if you "don't cooperate."
@@zoneonemusic what border...the border is open. enjoy your new president
@@waynewatts4011 what are you talking about? I'm sorry, I don't understand MAGAteese.
Yes, border checkpoint. It’s INSIDE of the US. You STILL have the rights from the US Constitution.
Different if you are AT the border.
How is violating my rights "being respectful?"
"Just doing his job." You know if I hire someone to throw eggs at cars as they come down the road does that make it ok because "he was just doing his job?" Man I hate that phrase.
ANSWER IS NO.
TheGrayman1234, that might have been the worst analogy I’ve ever heard. That doesn’t relate to this at all
@D Yes, but he wasn't harassing anyone, so your analogy was equally stupid.
It didn't work at Nuremberg either.
check points should at the border, not 30 miles inside the f--king border. Don't answer any questions and if they detain you, just sit there and file the lawsuit afterwards for violating your rights. This is straight up un-constitutional. Not wanting to answering questions is NOT being disrespectful, it's your LEGAL right not to answer their questions.
She would have had to have done something that they could reasonably have just cause to detain her. Since they do not have this, she should not have been detained.
CBP Are not that SMART it's an EGO thing going ON with CBP!! A lot of them are GANG Members
Another avenue that the boarder patrol agents could use is basic logic or commen sense. I'm guessing that someone that is not a citizen is not going to attempt to stand up to this tyranny and exercise her right to travel freely.
standing up does not make you any more of a citizen, it just makes you clever. wait out the time and they have to let you go. so if I am an Illegal all i gotta do is keep my mouth shut, time runs out and I'm on my way. simple as that.
Do worry the have you name and who your are in their computers and pictures they took of you at DMV.
''tyranny'' lmao. Are stop signs, speed limits, & parking meters tyrannical as well? If the citizen represented by elected officials voted for there to be a checkpoint so as to curb the flow of illegals especially due to its proximity from the border, then there is no problem.
Jonas, so let's vote back slavery in the southern states. No problem. smh. Bottom line is that any law "elected officials voted for..." cannot run afoul of the US Constitution. It's what I pledged an oath to when I enlisted in the Army and that is what I'll defend.
the Immigration and Nationality Act of 1946. The law granted immigration agents the authority “to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States” and to “board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle.” However, they could only do this “within a reasonable distance” from an external US boundary.
At first, that distance was just 25 miles. But in 1953, the Department of Justice published a rule redefining a reasonable distance to “a distance of not exceeding 100 air miles of any boundary of the United States.”
No you're not allowed to illegally detained someone unless you can articulate a crime or a traffic violation if you illegally detained someone you can be sued
The reporter said it was a border checkpoint but it wasn’t. They’re not even reporting on this accurately. The teacher’s point was they were NOT at a border crossing. They’re in the USA so she’s like why do I need to tell you my citizenship. Reporters were all clearly biased. Terrible trait in a reporter.
I have to give up my rights so someone else can do their job?
How is answering a simple question giving up your rights?!
@@brianpomeroy9624 Imagine being a hispanic- American living in the border, and ANYTIME you traveled you are asked "are you a US citizen ?" Do I really have to prove that i am an American based off my looks ? If this is called being an American, I want none of it.
@@slkjess1206 Excuse me, how hard is this:
Officer: Good afternoon, ma'am, are you U.S. Citizen?
You:. Yes sir.
Officer: Okay, you can go.
Seriously?!!! The Border Patrol Officers have a job to do. Do you think they want to stand there and argue with you because you can't be reasonable and just answer a simple question? For crying out loud! Just answer a simple question and be reasonable. It's not that complicated. SMDH.
@@brianpomeroy9624 It is their job, but do i need to prove i am an American citizen ? Imagine their being a checkpoint where you live, and you were constantly asked/questioned if your a US citizen along with other questions of confirmation such as "where were you born ? What hospital were you born at ? Where did you go to school ? etc. Also, this is a problem with the law, not the border patrol agents. Border patrol should be limited in their power, and only ask such questionns if they are suspicious, and thats it. Let people go on their merry way. I was born in the U.S.A., so i am an American right ?
@@slkjess1206 If you're in a border area, you don't know who's a citizen or who isn't. If you just answer the question, you'll get it over with much faster than arguing.
WOULDN'T IT BE... Better if border check points were AT THE BORDER?😮
It was 30 miles away from the border so how is this a border checkpoint? As a U.S. citizen you have the right not to answer questions. Not answering questions cannot be used as reasonable suspicion or probable cause that a crime has been or is being committed so anything more than a brief detainment for asking a few questions (which you don't have to answer) is a violation of her rights.
A lot of people seem to be shocked to be learning that immigration checkpoints can be set up as far as 100 miles from the border.
The people own the gov. The gov. owns the citizens. Which one are you?
Why does it raise questions, it was established over 200 years ago and affirmed by SCOTUS, SHE DOES NOT HAVE TO ANSWER.
After 5 minutes, I'd answer NO. And then ask if I can leave since I answered their question lol.
I'm pretty sure that would catch a charge of lying to a government official. That's why the best thing to do is remain silent. ALWAYS remain silent.
If you answered no, they would want your address so they could send you the $1700 debit card.
u have to remember that as soon as u mention your right to any one in law enforcement it becomes confrontational, or your being difficult, and that's sad
You are disrespectful boarder patrol does not have a right she does not have to answer questions 5 amendment right....to remain silent supream court must remove this unlawful illegal law Franklin said if you give up some of your rights for security then you deserve neither...
I would refuse, too. Gestapo on the loose!
In the laaaaaaaand of the Freeeeeeee........................
@@preciousgems4036
When people comment in all caps I automatically assume they are on the lower end of the intelligence spectrum. You can get your point across without sounding like tantrum induced 5 year old.
@@lsxfanatic95
IM ELDERLY
AND IF YOU DONT LEARN SOME RESPECT FOR THE ELDERLY THE UNIVERSE WILL TEACH YOU AND IT WONT BE FUN !!!!
yep the U.S. is a facade
@@preciousgems4036 tell that to the government.
Precious Gems how would that person know that your an elder ?
*NO LAW REQUIRES AN ANSWER*
Agent: are you a U.S. citizen?
Me: claro que por supuesto que desde luego que sí señor. * there, I answered and was super polite.
Great idea, I'm biliingual, I think I will answer only in spanish. That will be fun.
“I’m a teacher, I’m on vacation...I have time” Haha
Boarder check points are for boarders not just in the middle of the us to stop and search everyone
The easiest way for her to overcome that situation is by saying I will answer if my lawyer is present I have seen some videos where passengers respond that way and they are told to continue
NEWS FLASH for CBS news !!! There is NO "legal question" here. At least not to anyone who UNDERSTANDS what is going on. There is NO legal requirement to answer ANY of their questions. Don't take MY word for it, CALL the HEAD of Border Patrol. Ask this simple "yes" or "no" question.
"Is there ANY law which REQUIRES a person to answer the question " are you an American citizen?"
Hint: the correct answer is "no."
@@emily4439 all she had to do is start charging them10,000.00 per minute she was detain ! Because they had no legal reason to hold her !
@@emily4439 and that is technically illegal detention at that point.
@@emily4439 You really don't have a clue of what you are talking about ! You just go on with your boot licking nonsense !
@@emily4439 Legal reason to stop a person for a violation is completely ok. But detaining someone without any reason is illegal. You can stop people for suspicion... you can't stop everyone. and no... Have yet to see anyone of these people get arrested or anything for not showing ID.
The point not addressed here is that this teacher was driving in the United States and never left the highway entering another country.
......and stated this was a border patrol 30 miles north of the border .
United States v. Martinez-Fuerte does not mean you have to give up your 5th Amendment rights under the Constitution. Furthermore, it says the Border Patrol does not have unlimited time to detain you.
Personally, I think this ruling should be challenged and struck down. It is a clear violation of the 4th Amendment.
How is simply ASKING "Are you a U.S. citizen?" and then letting them go if they answer yes accomplishing _anything?_ Do they think illegals aren't going to or can't lie?
*BPA:* "Are you a U.S. citizen?"
*Illegal Immigrant:* "Yes"
*BPA:* "On your way."
What did _that_ just accomplish? The same thing war is good for, according to the old song (absolutely nothing).
This is why there should be no checkpoints. It's a joke.
If the answer is yes but you don’t have your documents to prove it then you in deep trouble and now you have to spend hella time and money
@@kimjuanjun7124 Problem is you only have to answer "yes", you don't _need_ documentation.
@@WmTRiker
Once again smooth head. BP ain't your friend. Hell any government nor state agency ain't your friend. They will find fraud and offense when there isn't.
There's a reason why there's
thousands if not millions behind bars as we speak over crimes they never commit.
This is why voting cards and citizenship cards should be a thing. These illegals need to be stopped
"he's just doing his job, what's he supposed to do?" Not my problem. He can ask questions, I don't have to answer. Maybe he should resign and get a job that's less complicated.
I went through this same checkpoint in 2005 under the influence of LSD.
Badass bro.
I love how they are protecting the 'shield' from damage, while they damage the target .. @jSbk
Norah, Gail...Nope! It doesn't matter that he was 'just doing his job'. Nope, Norah, it's not her job to offer suggestions as to what Border patrol should do differently. The same 'laws' that 'allow' for check points, allow for people to remain silent. Sorry!
Hoda, Here is the question, "Are we able to travel throughout the United States freely and unobstructed if we have done nothing wrong?"
Just remember that before and during the revolutionary war. Everyone was required to go through unlawful check points and prove who they were. We caught that war for many violations of our rights, this being one of them. Ameri an citizens should never have to go through this. We are the ones being disrespected and this lady was right. Good for you.
You can say the sky is blue and people will criticize.
It’s not up to the teacher to give him suggestions. And violating her rights is not treating her with respect and dignity. Even if he thanked her for it. That’s like beating someone and then thanking them and then claiming you did it with respect and dignity.
Exerting your rights is never wrong. Just Remember one thing when dealing with LE. Anything you say can be used against you.
That’s why you say I wish to remain silent and if I’m free to go. If you’re detain then hold till a lawyer is on phone
These hosts are clueless. Refusing to answer does not give reasonable suspicion which means any other investigation was unreasonable detention.
ITS UNCONSTITUTIONAL. PERIOD.
DirtyBird_1978 not true, us. V martinez- Fuerte
@rilo 2th4u This isn't on the border. And the Constitution of the United States of America isn't a "liberal" thing, It's an American thing. I'm not into giving up my rights in the name of security, and I don't claim a political party.
“With respect and dignity”. Quite the lie.
The Agent was wrong.
The people critisizing this woman saying "this job must be done" are ignoring the fact of law that a "reasonable" suspicion that a crime has been comitted or that the person in question is in the United States illegally.
The people's rights to stay silent does not disappear in the absense of reasonable suspicion, and perceived disrespect, justified or unjustified, does not meet the requirement of "reasonable" suspicion.
What is suspect are the right-wingers support of gestapo tactics that violate Constitutional rights.
@Ed Judd The Supreme Court has also ruled that using your 5th amendment right to remain silent is not grounds for reasonable suspicion. Obviously, driving on a highway is not reasonable suspicion. Where was the reasonable suspicion coming from?
Border Patrol is a pathetic excuse of an organization.
“I’m a teacher, I’m on vacation, I got time!” Yassss sis 👏🏾👏🏾👏🏾
She has an american accent, mentions that she has never been stopped and asked about citizenship before, she knows her constitutional rights.....and yet these "genius" "investigators" can't put 2 and 2 together, investigation as part of their job, that more than likely, she is american🤦♀🤦♀
I asked a foreign national guard at DHS/ice/BP office San Diego if he's a US citizen and he refused to answer.
Keep up the good work and don't ever back down I was harassed at the same checkpoint before with my stepson
"Bootlicking Reporters" should be the title of this news story.
If it happened to her she would have said the officer was racist.
Now. Repeat after me. "I am free."
FLEX your rights 💪
Nope, you have the 4th amendment right not to answer questions. I'm a republican.
I dare her to try that at a Mexican check point.
she doesn't have American rights there dipshit lmao
Johnny Cash , no kidding.
Thing is, we’re not in Mexico, we’re in the land of the free
Who would want you? 🤮
2:13 It's hilarious how someone wants to criticize yet can't spell "border" correctly while doing so.
It's hilarious how snobs think that people that can't spell or rely on spell check are stupid when the people who are stupid are the snobs.
That's right... a true patriot doesn't give out personal information to strangers.
We are the majorty
Good job 👏👏👏👏👍
We the people.. are the authority
Government is our servant
used to be
mark marchiafava should be if we dont exercise our rights n hold then accountable
SHOULD be, but are NOT...........probably better than anyone here, I know. For a fact. There IS no "hold them accountable," and they know it.
The Supreme Court controls they country not the people
The question shouldn't been Are you an American citizen? America is the whole continent, not just the USA.
its not the border, next it will be 100 miles of the Canada border, then 100 miles of the coast, after that 100 miles of ANY state border.....etc. etc.etc. where does it end???? check points on every corner?
""Actually it is 100 miles from any point of entry,""
so technically 100 miles from any airport that accepts international flights, that could cover the entire country??
So,
Just show Id and move on
@@samlabo1688 exactly
No law requires people to answer the questions from the *GESTAPO*
What a mess. Customs are really unprofessional.
"the officer may ask the detainee a moderate number of questions to determine his identity and to try to obtain information confirming or dispelling the officer's suspicions. But the detainee is not obliged to respond."
Berkemer v. McCarty, 468 U.S. 420, 439 (1984).
Yep. Agents here can only detain for 'brief questioning of the vehicle's occupants" and "any further detention or search must be based on [the greater showing of] consent or probable cause." Once a driver indicates that he will not answer questions or consent to extend the detention or a search, then the only real option available to the agents are to quickly check for evidence of crime, such as contraband in plain view, and let him go if no evidence of crime is found. Quotes source: 428 U.S. 543 (1976)
"Dispelling officers suspicions..." back to first having reasonable suspicion that the person has, is, or will commit a crime OR is not a citizen.
If the Supreme Court indeed has okayed this tactic, then we have a very bad constitutional crisis within the Supreme Court. Anyone who is ok with this sort of impingement on our civil liberties has no idea or respect for liberty and freedom in this country. This is not protection, it is a step toward tyranny and oppression. The right to proceed within the U.S. without interference unless there is probable cause which can be demonstrated is a fundamental right and any breach of that right should worry everyone. I am aghast that the Supreme Court would breach such a right.
oh because its just so hard for someone who is an American citizen to answer yes when asked. I wonder what liberty they are getting in the way of for a 2 sec question and answer?
RhondaH we lost our rights after 911
RhondaH she thinks that the world is same kind of utopia but she will change her mind the day she gets raped and murderd by a illegal alien
It's not hard to answer, at all, and if someone chooses to do so, that's cool. If they choose not to, that's cool, too. It's a free country.
+tobias sol bet that never happens lmao ignorant fool
What changed after 90 minutes, that made a difference to the bp which allowed her to continue on her way. There wasn't anything which would support any suspicion she was not a U.S. citizen. This clearly was a show of power by bp. How does a "yes" answer allow passage, it might be a lie.
She did not answer why did he let her go if she was doing wrong. Letting her just proves she was right. And if he had made the mistake of arresting her for not answering questions he would have been in a damn lot of trouble.
He let her go because there was no reason to detain her.
Why would someone who is illegal go through a checkpoint? Everyone knows where they are. Waste of time
AND MONEY.
You sounds like a really smart guy.
You are not obligated to answer anything without RAS. There is no RAS or PC. Drive on through.
Under our Constitution we are presumed innocent until proven guilty. That means if I refuse to answer then I must be presumed innocent.
Border Patrol may stop vehicles at
certain checkpoints to: (1) ask a
few, limited questions to verify
citizenship of the vehicles’
occupants and (2) visually inspect
the exterior of a vehicle.
Agents may send any vehicle to a
secondary inspection area for the
same purpose: brief questioning
and visual inspection.
Agents should not ask questions
unrelated to verifying citizenship,
nor can they hold you for an
extended time without cause.
Even though you always have the
right to remain silent, if you don’t
answer questions to establish your
citizenship, officials may detain you
longer in order to verify your
immigration status.
SOURCE: ACLU PAMPHLET
Thanks.
Yep. Not a thing about drivers being required to answer questions.
They aren't.
Or about agents having the authority to detain until a driver answers.
They don't.
She said in her response that They may detain you longer if you do not answer questions. Answer the question and get it over with.
Her response comes from a pamphlet issued by the American Civil Liberties Union. The American Civil Liberties Union does not decide the law, the courts do, like the Supreme Court:
"We have consistently held that a refusal to cooperate, without more, does not furnish the minimal level of objective justification needed for a detention or seizure." Florida v. Bostick (89-1717), 501 U.S. 429 (1991)
(Supreme Court)
@Nehemiah Scudder What rights are you surrendering? Do you all not understand that the 4A does not apply at and up to 150 miles from the border, after that you can whine and cry about being searched.
@Nehemiah Scudder You fail to understand that the right is NOT Taken away. It simply does not apply at that time and place.
The 1A is a right cannot just be used at any old time. Try using your freedom of speech while on the job to talk about your boss. Yes you have the freedom of speech, but he also has the freedom to fire you.
The 2A is a right but we cannot take a gun into certain places. Can you take a gun into a school? Courthouse? Past the security screening area of an airport.
I don't know what your point of the airport example has to do with anything. When you fly into the United States, you are not on the "border" and they have the right to search your bags, and ask for your identification to verify your residency.
If one is going to enjoy the rights and privileges of this country one should be expected to simply say "ok here you go"
The video also explains that the agents were in the right.
The courts say the border patrol allows them to REQUEST citizenship status. It is a REQUEST and does not require an answer.
You have to ask yourself if her students start treating her this way would she tolerate it?
What a ridiculous comparison. They aren't remotely similar.
Anybody that has civil rights, and just gives them up, without question, does not deserve to have rights in the first place.
Thank you, Oh Lord of the Apes!
This is an issue which unites the Libertarian Right and The Liberal Left - The Washington Post / Neo Con / Kamala Harris crowd cannot stand it
It’s really pointless. “Are you a US citizen”? “Yeah, sure”. It’s about as effective as stopping people to ask them what their favorite color is.
I believe that teacher had EVERY RIGHT to do what she did!! I would have done the same thing those agents do not need to know your personal life: e.g. if you have kids and where they go to school etc I would have just told them I am not answering any questions or simply use my power of right to remain silent!!
So what if she was an illegal immigrant from Canada, is she immune because she's white? What if she had Brown skin and a Mexican accent?
ojideagu , white or Mexican, she could be either legal or illegal.
She felt offended cause she’s white. In other words “do I look like a citizen? Im white, duh!”
GOOD FOR HER! BRAVO!