This is an update to my earlier post regarding an internal Homeland Security checkpoint currently being operated on Southern Arizona's State Route 86 near Mile Post 146.
I was stopped at the checkpoint while traveling back to Tucson late in the afternoon. I videotaped the encounter and have posted the 9MB wmv file online so others can experience a suspicionless federal checkpoint for themselves. It can also be accessed from YouTube:
It should be noted by those who live far from the border that internal suspicionless checkpoints are quickly becoming the norm while our fundamental right to travel unmolested absent reasonable suspicion of wrongdoing is being routinely trampled on. Keep in mind, this checkpoint did not take place on the border. It took place inside the country over 40 miles North of the border along a regularly traveled State highway that never intersects the border at any point.
After being stopped by a Border Patrol agent (who wasn't actually patrolling the border), the agent refused to identify herself or her badge number while at the same time demanding to know my citizenship. Unlike local or State police who have never given me a hard time about identifying themselves, just about every federal agent whose ever approached me in the field has refused to do so. At the last federal checkpoint I was stopped at along this route, I had to read their name tags to find out who they were. This time around, the agents weren't even wearing name tags.
To put it another way, Homeland Security agents are increasingly acting like secret police by hiding their identities from the very public they allegedly serve and protect. This attitude is also pervasive when requesting documentation from DHS. The department routinely redacts the names of its agents making it difficult to find out who they are, let alone hold them accountable for their actions. It's also extremely difficult to get any documentation out of the department in the first place. DHS routinely violates the Freedom of Information Act and the current waiting period for those few who receive responsive replies is several years long.
When I asked the stopping agent whether or not I was being detained, she indicated I wasn't. When I requested to leave however, she told me I couldn't until I answered her questions - quite a contradiction!
Legally, the agent can only hold an individual for a very limited amount of time absent reasonable suspicion. Her citizenship demands are nothing more than an attempt to create reasonable suspicion out of thin air based upon an individual's response along with their general appearance, mannerisms, skin color and other arbitrary profiling indicators used to build cases against individuals for further detention and investigation.
Make no mistake - these federal suspicionless checkpoints are nothing more than dragnet fishing expeditions designed to intimidate and harass the traveling public. They represent a fundamental violation of our right to be free from unreasonable search and seizure and shouldn't be suffered by a free people.
Unfortunately, the Supreme Court created a 4th amendment loophole for immigration checkpoints over thirty years ago in United States vs. Martinez-Fuerte. This court case is now used as a blanket excuse for all manner of Homeland Security abuse and is helping to usher in the burgeoning American police state.
As my interaction with the federal agent continued, she eventually 'requested' that I pull my vehicle off to the side of the road and into a secondary inspection area. All the while claiming I wasn't being detained. I continued to challenge her contradiction however and was eventually given permission to go on my way. How very nice of her!
The checkpoint included high intensity lights with generators for night operation along with two personnel and equipment trailers. At least two additional uniformed Border Patrol agents were present along with one plainclothes individual.
Given the setup, I suspect the roadblock will be in operation for several more days. This means myself, along with countless other travelers, will be subjected to yet another attack on our right to be left alone in the very near future.
Welcome to Checkpoint USA.
"Fundamental principles, recurrence to:
A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government."
'Declaration of Rights: Right To Privacy"
"No person shall be disturbed in his private affairs, or his home invaded, without authority of law."'
"A peace officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any traffic law committed in the officer's presence..."
"A peace officer or duly authorized agent of a traffic enforcement agency may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of this title..."
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
"...nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.."
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
It was our elected officials that gave the Border Patrol the right to question any person at an immigration checkpoint
If you have a problem with the immigration checkpoint then maybe you should complain to congress.
I'm sure nobody goes to your place of employment and treats you like that.
The checkpoint IS there but yet you say it's illegal. How about calling the sheriff department and having them all arrested. Surely one phone call to your congressmen will have that checkpoint torn down.
I have no problem with free speech, as I said before, it's brave people like them that allow cowards, such as yourself, to make such a video and post it.
How about putting up an information bio about yourself and what branch of service you proudly served. How about your criminal record(my guess...you probably have one)
If I was the agent I would have slapped your stupid ass
MOVE TO CANADA YOU ASSHOLE...
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Welcome to Checkpoint USA's blog. Here you'll find general information and discussions regarding growing threats to our right to privacy & travel.
While I refer to court cases along with state and federal law frequently in this blog, nothing written here should be construed as legal advice. I am not an attorney. Rather, I'm someone concerned about the growing disregard for individual rights present at all levels of government.
My conclusions are my own based upon personal experience and research. The law is made purposely complex however and varies significantly from place to place and circumstance to circumstance.
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