‘I’m a U.S. citizen.’ Agents pull woman from car in Keys. Feds said she wouldn’t show ID

Miami Hurled ^ | 12/3/2025 | Milena Malaver and David Goodhue

[chaosagent]

These posts from 57 and 78 in this thread seem to disagree with you about the applicable laws.

Are these posts not correct? And if they're not correct, why not?

Refusal to Exhibit Driver's License: Florida Statute § 322.15 mandates that every licensee shall have their driver's license in their immediate possession at all times when operating a motor vehicle and shall present it for inspection upon demand by a law enforcement officer[. Failure to do so is a non-criminal traffic infraction, punishable by a fine. While it's a minor offense, it can lead to further complications.

Escalation of Force: While not a legal consequence in itself, a driver's non-compliance can lead to an escalation of the situation, potentially resulting in the use of force by the officer to secure compliance or effect an arrest, especially if there is a reasonable belief of other criminal activity or a threat to officer safety.

https://www.help.cbp.gov/s/article/Article-1253?language=en_US

Legal authority for the Border Patrol

The U.S. Customs and Border Protection (CBP) Office of Border Patrol is responsible for securing the U.S. border between the ports of entry. To do this, they use a layered approach that includes patrolling the border itself, (including the use of electronic surveillance devices), patrolling nearby areas and neighborhoods where illegal immigrants can quickly fade into the general population, and conducting checkpoints - both stationary and temporary.

The authority for this is based on the Immigration and Nationality Act 287(a)(3) and copied in 8 Code of Federal Regulations (CFR) 287 (a)(3), which states that Immigration Officers, without a warrant, may “within a reasonable distance from any external boundary of the United States...board and search for non-citizens in any vessel within the territorial waters of the United States and any railcar, aircraft, conveyance, or vehicle. 8 CFR 287 (a)(1) defines reasonable distance as 100 air miles from the border.

Two key court decisions affirm the authority of the Border patrol to operate checkpoints and to question occupants of vehicles about their citizenship, request document proof of immigration status, and make quick observations of what is in plain view in the interior of the vehicle. In United States v. Martinez Fuertes (1976) the U.S. Supreme Court balanced the governmental interest in stopping illegal immigration against the Fourth Amendment’s protections against unreasonable search and seizure, finding that only minimal intrusion existed to motorists at reasonably located check points, even in the absence of reasonable or individualized suspicion.

In United States v. Gordo Marin, the U.S. Supreme Court also found no substantive difference between a permanent or temporary checkpoint. Border Patrol checkpoint case law has provided the basis for numerous other checkpoints beneficial to the public, such as DUI checkpoints, driver’s license/proof of registration checkpoints, etc.

Border Patrol checkpoints do not give Border Patrol Agents carte blanche to automatically search persons and their vehicles, other than in the manner described above. To conduct a legal search under the Fourth Amendment, the agents must develop particularly probable cause to conduct a lawful search. Probable cause can be developed from agent observations, records checks, non-intrusive canine sniffs, and other established means. Motorist’s may consent to a search but are not required to do so.

The Border Patrol protects the United States by interdicting terrorists, illegal narcotics, and non-citizens attempting to egress away from the border area into the interior portions of our nations.