Illegal Detention and Illegal Search at Internal Border Patrol Checkpoint US180 Near El Paso, TX

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Illegal Detention and Illegal Search at Internal Border Patrol Checkpoint US180 Near El Paso, TXAs I drove east on US 180 10 Miles East of El Paso, TX On November 20, 2012, I approached an internal border patrol checkpoint/inspection station where all t…

49 Comments

  1. CDUBB728 says:

    The moment of initial obedience was the beginning of your downfall. If your going to argue do it upon entrance to the checkpoint not sitting on the ground.

  2. TheObserver989 says:

    Ok… so where was the illegal immigrant?

  3. fabricationspecialis says:

    Dirty hippie….

  4. Paul kenary says:

    After all the chit chat about illegal search and dog didn’t alert. The moron had pot in the car. Good for the border patrol.

  5. flacan2000 says:

    Section 18.6 Warrantless Searches and Seizures paragraph (e) Checkpoints of the Inspectors Field Manual states that
    “Border Patrol agents can make routine vehicle stops without any suspicion to inquire into citizenship and immigration status at a reasonably located permanent or temporary checkpoint provided the checkpoint is used for the purpose of determining citizenship of those who pass through it and not for the general search for those persons or the vehicle.

  6. flacan2000 says:

    Carroll allows warrantless vehicle searches if probable cause is established and the likelihood that the vehicle will be removed prior to obtaining a warrant.

    In this video’s case, Carroll fails for the following:

    No probable cause was established

    Flacan did not indicate he was trying to leave or threatened to leave and in fact requests the agents to get a warrant, agents also seized the keys at some point before searching.

    For these reasons Carroll is not binding to this case.

  7. TIKIMAN198 says:

    Drugs or not it’s illegal to search cars for drugs at an immigration checkpoint. He did nothing illegal to allow the border patrol to search his vehicle, he was just driving down the road. The only purpose of this checkpoint is to determine citizenship, even so you don’t have to do anything they say since it’s a warrentless suspicionless checkpoint.

  8. flacan2000 says:

    It’s a terry patdown and law enforcement can just perform these. Resisting can lead to escalation of any encounter.

  9. 13sam2lucky says:

    no they dont genius and you keep on with this they can only search for illegal immigrants non sense and you make yourself look even more ridiculous.

  10. steverowe3 says:

    Can you imagine if you had a prior record for drugs even if it was years previous and you’d been clean and sober for years they put you through this shit everytime and even if you was with your wife and kids. I dont actually believe this guy did but it just goes to show how dirty these guys can be

  11. brotherdavidl1 says:

    You shouldn’t do drugs…..

  12. flacan2000 says:

    Page 23 of THE LAW OF ARREST , SEARCH, AND SEIZURE FOR IMMIGRATION OFFICERS M-69 states that Border agents MAY NOT lawfully search a vehicle at those permanent checkpoints which are not the functional equivalent of the border, without consent probable cause or a search warrant. (US v Ortiz 442 US 891).

  13. SaveAmericasLiberty says:

    Fuck this you bunch of pussy’s you should have told them go to hell on all of it.

  14. andrew minty says:

    Ha Ha, I thought the driver was some ugly chick for a few. lol.

  15. 13sam2lucky says:

    no its not dip shit they can search for contraband where do you think the majority of drugs come into this country from…thats why they have dogs there.

  16. dougpro90 says:

    I hate hippies

  17. mrhawlsallday says:

    A lot of the border patrol “agents” need to go back to Mexico! Spics belong in Mexico!!!!

  18. Leopold Stotch says:

    Obama’s thugs are out in full force. It’s not my fault, I didn’t vote for him.

  19. American4Liberty says:

    Next time, remain silent at the checkpoint. Do not pull into secondary b/c they need reasonable suspicion to have you move to secondary. Just wait it out at the checkpoint until they give up. Invoke your 4th, 5th and 6th Amendment rights at the checkpoint. You should have never moved your vehicle to secondary and you should have never exited your vehicle. Also, by watching the film, the woman had no reasonable suspicion or fear to perform a Terry search on you. You should have said no.

  20. flacan2000 says:

    Its probably more like the fact that the car came from California and was smoked in many times and probably reeked on its own. But that is why the police need more than the dog alert to establish probable cause. The dog alert could indicate a previous crime or a previous non-crime. But, what does it have to do with the border?

  21. nabind34 says:

    I love it, she said “oh theres dogs, fuck”. That basically said they had drugs in the car, but since he said no there was no way to convict him so they let him go. Obama called, I love it

  22. S2000F20CVTEC says:

    It is your fault, you shouldnt leave the car in the first place…

  23. TIKIMAN198 says:

    You should have never parked where they told you and never ever get out of the car. Just remain silent and keep the window shut.

  24. Jimmy J James says:

    No they cannot “just perform these.” Open a book before you open your moth. A terry frisk cannot be done without suspicion or consent.

  25. utahcorruption says:

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  26. flacan2000 says:

    Forgot to say he is a LEO?

  27. Jacob weber says:

    The inspectors “guess” that its probable cause in of itself may not stick in the courts. A simple “guess” is not enough. Just because someone chooses to not answer questions, while maybe suspecious by the law enforcement officer, is not against the law and in fact is protected by the 4th amendment. He has to get a search warrant then.

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  29. JoeyMcPeace says:

    You really don’t know what you’re talking about – they can’t search you ….gah. they can pat the outside of your clothing but THAT’S IT. Don’t be an idiot.

  30. Honkey Magoo says:

    Yes thank you Border Patrol for abusing your power and getting a small amount of super dangerous marijuana off the street.

    Fuckin idiot

  31. P1ng37 says:

    soooooooo u had weed?

  32. jhimlover says:

    A dog hit is probable cause, no matter if you claim you smoked all your dope before the checkpoint. Maybe you should stop smoking so much, its making you stupid.

  33. GHorton70 says:

    At 11:10 he gives consent “if you stand up we are going to search you for our safety” and you say “Okay that’s fine”

  34. Adrian Horn says:

    What is the word, ho a “moron” for California.

  35. browsebot says:

    These people appear to not have been totally innocent civilians simply driving on a public roadway in the first place, so that right there muddies the waters of anything they would say regarding any violation of their rights. When they realize they’re probably about to get popped because they know they’re smuggling, they try to make an argument that they’re only at an immigration checkpoint. If you’re a drug smuggler, the border patrol can and will detain you and refer you to the proper agency.

  36. utahcorruption says:

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  37. browsebot says:

    The description of this video states: “Hours later I was removed from the cell and told Obama had ordered me released.”. That right there is some serious lulz.

  38. 13sam2lucky says:

    so you had pot and the dog did hit on your vehicle giving them probable cause…. thanks for wasting my time dumb ass.

  39. Jerome Keen says:

    Sir, thank you for standing up for your rights. It is people like you who remind the police that there is a limit to their bullying tactics. It is too bad these officers were not reprimanded. Maybe they will see this video and realize that constitutional rights are , designed to prevent this type of bullying. To make matters worse, they are probably smoking your refer with their dogs.

  40. JamaisArriere1 says:

    If you had pot in the car why did you assume the drug dog didn’t indicate that there were drugs in the car? They’re trained to do that. I’m all for not giving away your rights and don’t agree with in border checkpoints but it was obvious to the cops you were lying.

  41. martin williams says:

    See these border checkpoints do work..He had drugs on him..I’m all for the checkpoints cause if your not doing anything wrong then you have nothing to worry about

  42. truthbesaid101 says:

    mexican cops at the american borders? how ironic

  43. Peeldy P says:

    the point is its illegal to search for anything but illegal immigrants.

  44. flacan2000 says:

    An attorney is involved in the case and believes that these agents committed several violations of US LAW and failed to follow regulations given to them as part of their job training. I know the rights I have and fortunately at least one attorney does too. so we’ll see.

  45. tromboista says:

    maybe the hippie shirt

  46. Nicholas Anderson says:

    Harassed for being a Californian and nothing more this is clearly a pot check point under the guise of boarder control so why not call it like it is, it’s misleading to the public and it’s an abuse of power. Why do republicans cry all the time about abuses of power and then they support junk like this? It makes them appear as hypocrites perhaps that’s exactly what they are… If you want to look the other way about these rights violations then don’t complain when you become the target… Karma!

  47. 13sam2lucky says:

    no kidding this guy is such a fucking idiot. And then he makes a video to make sure there’s proof.

  48. mrrbudd420 says:

    lmao ur a fucking idiot, this video is soo crap…learn your rights befor you try it. you allowed em to run all over ur rights dumbass,

  49. flacan2000 says:

    (c) Probable Cause. Probable cause is the degree of suspicion which an inspector must have before constitutionally making an arrest under either civil or criminal law. An inspector has probable cause to arrest or search if evidence and circumstances which would lead a reasonable person to believe that an offense has been or is being committed are known by the inspector.

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