Post details: USCBP Law Bulletin Indicates Agents Operating Under Color of Law At Roadblocks

2014-05-05

Permalink 01:12:46, Categories: News, Homeland Security?, Checkpoints, 542 words   English (EU)

USCBP Law Bulletin Indicates Agents Operating Under Color of Law At Roadblocks


[A law bulletin issued to Border Patrol agents in 2012 but largely ignored]

For years it's been obvious to me that federal Border Patrol agents are operating well outside the law at internal Border Patrol checkpoints and via roving patrol. Indeed, my Roadblock Revelations blog and videos have been largely dedicated to exposing this lawlessness through first hand experiences and research that I've been slowly piecing together and sharing online. I've also submitted quite a few FOIA (Freedom of Information Act) requests over the years regarding official USCBP policies and procedures. The purpose being to compare the way agents are actually conducting roadblock operations to how they're supposed to be conducted according to official agency policy.

All of my FOIA requests have resulted in the Border Patrol further violating the law by either refusing to respond at all or failing to provide any sort of meaningful reply (the most recent examples of this will be posted in the near future). The reason for this has also been obvious to me over the years. Border Patrol top brass & supervisors know their agents are violating the law while operating outside agency policy but don't want irrefutable evidence of this fact to see the light of day.

[More:]

Unfortunately for the Border Patrol however, it's impossible to hide such malfeasance forever and as more and more people have awoken to the lawless nature of Border Patrol operations against the general public, the heavily fortified wall of secrecy and unaccountability the agency has built around itself is slowly fracturing. This is especially true as larger organizations such as the ACLU have started taking an active interest in Border Patrol abuse via internal roadblock operations, roving patrols and FOIA violations.

The image appearing above is from the cover of an official U.S. Customs and Border Protection Law Bulletin from 2012 issued to Border Patrol agents operating in the San Diego Sector. The San Diego sector in turn falls under the jurisdiction of the United States Courts for the 9th Circuit which includes Alaska, Arizona, California, Oregon, Washington, Hawaii, Idaho, Montana & Nevada. As such, legal limits placed on Border Patrol operations in the San Diego sector by federal courts have applicability in all Border Patrol sectors that fall within the boundaries of any other state in the 9th circuit as well.

In this case, a photograph (see below) of one of the pages in the law bulletin describes what constitutes 'reasonable suspicion' for further detention by Border Patrol agents. That page in turn makes it abundantly clear that refusing to answer questions posed by Border Patrol agents at internal checkpoints does not constitute reasonable suspicion and cannot be used as a basis to further detain someone. A practice that is very common at Border Patrol roadblocks as my videos, and many others, have made abundantly clear:

"....A subject's 'bad attitude' or refusal to answer questions, without more, does not constitute 'reasonable suspicion' and does not justify 'detention'...."


[A passage from a law bulletin issued to Border Patrol Agents in 2012 that describes what does/doesn't constitute reasonable suspicion]

Given this information from an official government publication, I present a very small sampling of videos depicting Border Patrol agents doing exactly what this law bulletin says they can't legally do:

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Roadblock Revelations

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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