Been the law for a long time. It is the well known habit of coyotes to stuff people into trucks and cars and drive them over the border into the US. People frequently die under those circumstances. Ergo, the stop and search justification.
Seems to me that a truly secure border would remove any excuse for an interior checkpoint.
It looks like all they have to say is that the dog alerted. How are you going to question that in court? We would not know if the dog alerted or not.
This is the kind of incident that is deliberately perpetrated by the government in order to inspire ire at policies boosting border enforcement. Next, Obama or the pro-immigration Dems will be saying, “See, this is why we shouldn’t have strong border enforcement.”
Never mind. I found it.
The “Automobile Exception”
“The most commonly-applied exception to the warrant requirement is the “automobile
exception,” which provides that, if law enforcement officers have probable cause to believe that an
automobile contains incriminating evidence or contraband, a warrantless seizure of the car (and its
driver), search of the car, and ultimate seizure of such items are permitted under the Fourth
Amendment.11 Officers need not believe that there are “exigent circumstances” justifying the
warrantless search; the mere fact that they possess probable cause to believe that contraband or
evidence is inside the vehicle is sufficient.12 This exception has been extended to apply to mobile
homes and boats, so long as such vehicles are “readily capable” of being made “movable.”13 Police
officers’ right to search vehicles without a warrant pursuant to the “automobile exception” does not
cease once the vehicle has been impounded by the police.14”
http://www.fd.org/pdf_lib/Automobiles%204th%20Amendment.pdf
I suspect there is more to this story. I’m having a tough time thinking the BP gave him a bloody smackdown. I’d like to believe had he refused a search, it would have prompted a legal Mexican Standoff. Of course, I could be wrong. I don’t like suspension of our rights under these circumstances either.
You can thank all the MADD lunatics who set the precedents for checkpoints and searches without warrants via their insane crusade against alcohol.
People were warned that DUI checkpoints would lead to other abuses by gov’t, but many turned a blind eye because it was for a ‘good’ cause.
Silly, pastor! Don’t you know border patrol agents are only allowed to get physical with Swedish-looking Americans?
It absolutely applies. But it doesn’t prevent unlawfull searches from happening. It does prevent any evidence gathered in such a search from being used in a court of law.
This interior enforcement is needed. Although this Pastor has spoken against illegal immigration (in a sermon on his website) his crusade to eliminate the checkpoints is counter-productive.
It appears the BP was quite patient with him for more than hour, called the Arizona state police to deal with him after he refused to answer the questions and blocked traffic behind him.
The Supreme Court has ruled that the checkpoints are legal within 100 miles of the border and for the specfic primary purpose of immigration control.
The Pastor lives in Arizona. He must know the purpose of the checkpoints and what the BP does when cars are checked or waived through. This incident is already being taken up by those favoring open borders, such as the ACLU, to argue for removal of the checkpoints and to encourage people not to cooperate with the BP.
The Pastor should apologize to the BP for his actions.
When standing up for your “rights”, prepare to be searched and possibly beaten. That is what is going to happen. You may be able to sue later for the infringement on your rights but in today’s USA that is the reality. Not saying its right...just saying.
"Why is the sky blue? Why is the grass green?"
Naive little thing, ain't he?
If he didn’t have anything to hide, what his problem? /s
The pastor has a valid point!
Here’s the you tube video I didn’t see it posted
Something smells bad here, that guy is a drama queen, he intentionally picked a fight with the BP. This is going to be used in an attempt to shut down the check points, while the “safety checks” and DUI checkpoints around the country continue.
I don’t like the BP check points but they are a necessary evil, to correct a problem that the government created. You don’t have problems at the check points if you don’t create the problem yourself, I’ve been through the BP checkpoints many times, and never had a problem.
My suggestion to folks like the drama queen, “you know the checkpoints are there, if it is such a big deal to you don’t live or travel near the border.”
The pastor gets no pity from me, he REFUSED to obey the police and that is the results. He could have complied to what they asked and be on his way, but no he has to make a POINT!!!! He is a so called Pastor who should know to Render unto Ceasar, now he wants to WHINE about his own misdeeds. Stop it already.
Jesus never Whined about his abuse, pastor take lessons. Teacher teach tyself.
Me thinks he has other motives for all this.
Those BP agents are lucky they picked an innocent to harass. If they’d done this to an actual criminal they’d be in the slammer by now.