Skip to comments.VIDEO: Pastor, Beaten By Border Police, Tells His Story At Tea Party
Posted on 07/06/2009 6:14:00 AM PDT by Publius772000
Pastor Steve Anderson was returning to the United States when a border checkpoint demanded to search his vehicle. He refused, citing the 4th Amendment, and was beaten for his trouble.
While I dont agree with every single point of his message, Pastor Anderson tells an amazing story and presents us with a stark reminder of just how far we have come in the name of security. As he says, if the 4th Amendment is not sacred, why should we expect the government to protect the 1st, the 2nd, or any other part of the Constitution?
VIDEO at original article.
(Excerpt) Read more at theconstitutionalalamo.com ...
He ignores much of the facts in his case. He was stopped asked several questions. Refused to answer and remained in the traffic lane for over an hour blocking traffic. They asked him to park on the side until resolved, He refused. Finally they used force to move him and his car to the side as he fought them.
It was his refusal to answer who he was and whether he was a us citizen. The Broder patrol was simply doing their job. He bragged afterwards how many times in the past he refused to comply with the request of a law enforcement officer in the performance of his duties.
It looks to me like he was asserting his 4th amendment rights.
Under US Supreme Court case law, there is a well recognized “border exception” to the 4th Amendment that permits searches without warrant of not only travelers from abroad but of anyone in areas close to the border. If you don’t like that, don’t leave the country and avoid the borders.
Uh. I think he said he was 75 miles from the border. I'm closer to the "border" now than he was. The people at the checkpoint knew this guy well; and if they weren't such sadistic goons they would just wave him through.
Under United States Constitutional Law there is a well recognized right to travel freely, be free from arbitrary and capricious official santimonious thuggery et al.
New Age stare decisis Bolshevik rulings need not apply.
Two border patrol agents were jailed for actually shooting an actual drug smuggler actually illegally across the border from the South and somehow an American citizen traveling in plain view and with no suspicious activity somehow deserves to be beaten.
In twenty five words or less: LEAVE THE PEOPLE ALONE
He was repeatedly left without an answer.
Had he attempted to move he could have been charged with "felony eluding" or "assault on an officer" or even shot as an imminent threat.
Many LEO's love to escalate confrontations to a deadly force level during "simple traffic stops"
Grovel or die peon.
If what you say is true the guy is a moron.
Idiot wanted a fight. He got one.
Since the founding of our Republic, Congress has granted the Executive plenary authority to conduct routine searches and seizures at the border, without probable cause or a warrant, in order to regulate the collection of duties and to prevent the introduction of contraband into this country. See United States v. Ramsey, 431 U. S. 606, 431 U. S. 616-617 (1977), citing Act of July 31, 1789, ch. 5, 1 Stat. 29.
The border search exception extends to 100 miles from the border. The conduct of the authorities in exercising that power is another matter — as is the wisdom of resisting or mouthing off to officers going about the exercise of lawful authority.
An obstreperous pastor refusing to comply with American officers going about their lawful duties near the border is not exactly Tom Paine rallying the colonists against King George and his redcoats.
I just wanted to make it clear that I am not endorsing every action taken by the pastor by posting the video. He does raise some provocative points, however, as evidenced by the thread discussion.
I fully understand that case law allows for search and seizure at the border. It also allows such search and seizure at airports across the nation in the name of security/prohibition of contraband.
However, in our current political climate, it doesn’t seem to be a reach to say that we are heading toward a day when we are stopped at checkpoints and asked for identification, etc. It is also befuddling as to how this pastor was apparently treated, regardless of his provocation, while hundreds of illegal aliens cross the border at will every day, packing whatever disease or contraband they may have.
There is no logic in contending that the flow of illegal aliens somehow gives an obstreperous pastor (or an obstreperous anyone else) a pass from a legitimate stop and search in a border area. In the same way, there is little sense in a speeding motorist lipping off to a traffic cop that he ought to be chasing real criminals instead of mere speeders.
Indeed, arrests of illegal aliens are a common aim of traffic stops in border areas, and dangerous criminals are often caught through ordinary traffic stops.
He stopped at an illegal checkpoint under duress. He was under no obligation to answer anything or identify himself. The 4th amendment still counts for some things.
The USSC also said “seperate but equal” was AOK, and that blacks were property. Not everything they rule is correct and lawful per the constitution
Mere opinion on a legal issue is unpersuasive unless details and reasoning particular to the law are set out. For the legal reasons already stated, the case for the “border search exception” is compelling.
it was a challenge to the constitutionality of random road blocks and their stopping people, demanding id’s and searching their property at will.
The power of this country have gotten out of hand and are ignoring the constitution. He was brave to challenge it. They beat him and that, too, was unconstitutional. I have had it with the random police state.
If they are targeting illegals...go after them and leave Americans alone. The same with Islamic terrorists; don’t start naming Americans “terrorists” and start police state denying our rights and harassing us.
I am not willing to be denied my constitutional rights anymore in the name of whatever crisis the police state is acting on. Enough is enough!
Compelling is a matter of opinion. As stated in my 2nd post, the USSC has made some incorrect decisions in the past, many for what they viewed as compelling reasons in that particular day and age.
The greater good is served by not forfeiting your 4th amendment rights or allowing them to be trampled upon. Violating the rights of the law abiding to catch criminals is not acceptable to me, even if it means that some criminals who would have been caught are not.
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