"Am I Being Detained?"
published by James Roe 2 months 3 weeks ago • 5068 views
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Conan O'Brien in Canada - Border Patrol
A video recording of a US border patrol "inspection." Our camera man knows his rights, you should probably take notes.
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Interesting. So border agents actually don't have the right to ask if you're a citizen?


written by swampgirl  | 2 months 4 weeks ago | CH
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Tags for this video have been changed from 'border patrol, usa, rights, condition, sheeple' to 'border patrol, usa, rights, condition, sheeple, bigbrassballs' - edited by winkler1


written by siftbot  | 2 months 3 weeks ago | CH
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bigbrassballs indeed.


oh, and don't try this if you are not a US citizen.


written by grinter  | 2 months 3 weeks ago | CH
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woulda been better had a taser been involved at some point.....like after the 57th time he asked if he was being detained.


written by supersaiyan93  | 2 months 3 weeks ago | CH
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Y'know when you're standing in line at the supermarket that you hate going to and you only go to because it's the only place that has that great cracked peppermill turkey you like so much and there's some kind of argument going on at the register between a clearly riled up customer and an underpaid, unconcerned cashier about which coupon got rung up when and everybody on line is rolling their eyes at each other and letting out sighs of disgust or impatience? I surmise 8 out of 10 times, the customer comes into that interaction EXPECTING to get fucked with. This guy is a douchebag. End of story.


written by RhesusMonk  | 2 months 3 weeks ago | CH
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she looked cute. I thought this was the intro to a porn...

borderbangers.com presents..."Am I Being Detained?"


written by rottenseed  | 2 months 3 weeks ago | CH
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This guy is a idiot. With no proof that this person is a US citizen in hand, there is only one answer. "yes sir, I am detaining you while we verify your citizenship, and ask you some questions". Once he answered the questions the border patrolman is asking such as: are you a US citizen? do you have valid Identification/passport/greencard? are you carrying any illegal substances for the state you are entering? there is no way the person should be allowed to pass, no matter how stubborn they are being or how much film they use or how many times they ask for your name/badge number.
He asks your name/badge number you give it to him, you give it.
He refuses to answer simple questions about his identification or purpose for crossing the border or contents of his vehicle you stop the person and search their vehicle and verify identification.
So the correct answer is "yes i am detaining you Mr. Smartass, welcome to the U.S. of A."
Crossing a U.S. border is not a given. Being stubborn is not a passport. Intimidating a border patrol official is unacceptable.


written by Omelet  | 2 months 3 weeks ago | CH
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Omelet, I think the point is that the US Border Patrol doesn't have the authority to set up road blocks. It is perhaps even illegal. She didn't ask him to stay because she knew that she had no legal right to do so unless he agreed.

An analogous situation that more people are perhaps familiar with is a Police officer asking you if they can search your car. You have the right to refuse a trunk search unless they have a warrant. In most cases it is unlikely that they will go get one, but they will certainly be rude to you for defending your rights.


written by James Roe  | 2 months 3 weeks ago | CH
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This reminds me of bullshit that went down some years ago when I lived in Omaha, NE. Bellevue, NE immediately borders Omaha, and is in a different county. Sarpy County, to be precise. Anyway, the Sarpy County Sheriff's Dept. was notorious (and probably still is) for hassling motorists with a vengeance. I mean the whole frickin' county is one gigantic speed trap. The speed limit when you cross the county line immediately drops 5-10 mph on some roads, just so those fuckers can nail you for speeding.

In any event, years ago the Sarpy deputies set up road stops on major thoroughfares after midnight on the weekends, so that they could ostensibly "check for insurance". The actual reason, of course, was to nail drunk motorists. Now please don't get me wrong; I'm not defending drunk driving in any way. However, the government has no right to install fucking "check points" inside our borders, unless there's a VERY GOOD goddamn reason. I mean they have to be protecting the President or think bin Laden's in town to legally engage in these shenanigans. Thankfully it didn't take long for the Nebraska Supreme Court to strike down these unlawful road stops.

As of late I've been trying to clean up my language here somewhat, because I don't want my potty-mouth comments prominently displayed in the Featured Member Comments section. However this shit pisses me off to no fucking end, and sometimes vulgarity, if used properly, drives the point home a little better. I hope that's the case with this comment.

Excellent post, Mr. Roe.


written by kronosposeidon  | 2 months 3 weeks ago | CH
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Poking around the interwebs a bit, it seems they have mostly the same powers as police (maybe more with the lovely patriot act stuff). Mainly being that they can detainee and search vehicles if they have probable cause, which is of course one of those easily abusable caveats of law.

Anyways, it seems border patrol does have ability to detainee and search under probable cause, so had she wanted she could have detained this man and searched his vehicle. Of course he could probably turn around and attempt to sue saying the stop did not warrant probable cause. My guess is the lady had a pretty good idea he was a citizen, and had nothing and because of his attitude and camera he was putting in her face would be the sort to cause as much ruckus as possible, and thus concluded the easiest option was just to let the man go on his way rather than escalate things.

For his part I think there a probably better ways to protest unfair practices of a law enforcement division than being a complete douche to someone who is probably on the lowest rungs of the organization.


written by Crosswords  | 2 months 3 weeks ago | CH
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You make excellent points, Crosswords. However, at the end of the day it's ALWAYS those on the lowest rung of the ladder who get hung out to dry for trying to enforce nonsensical, fascist (okay, there, I said it) policies. I don't fault this particular Border Patrol agent for anything. She's just trying to do a difficult job in the best way she can. However (yes, I use that word so frequently that it even annoys me), that's where the challenge must begin. You and I, the average citizen, cannot immediately take our grievances before the Supreme Court. We have to do our tiny part, like this camera man did, in order to build a case that has merit.

To a certain extent I still actually believe in the concept of law, and that's why I feel so passionately about issues such as these. However I realize the limitations of law, in that bullshit like this should never be allowed in the first place, let alone have to work its way through the legal system before it gets shut down.

But what do I know? I'm a male prostitute by trade.


written by kronosposeidon  | 2 months 3 weeks ago | CH
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*Brilliant


written by eric3579  | 2 months 3 weeks ago | CH
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I love that tag...bigbrassballs


written by doogle  | 2 months 3 weeks ago | CH
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I asked an expert if this could happen in Canada:

We're not aware that Canadian Border Services is carrying out any such operations in Canada. The only thing that comes close is breathalyser roadblocks conducted under the authority of the provincial highway traffic acts.

Having said that, I wouldn't recommend this guy's approach for anything more serious than a store clerk approaching me because the shoplifter detector beeped when I left the store.

Here in Canada, it's a pretty good bet that if a cop asks you to identify yourself, he or she has reasonable grounds to do so. And if you give him or her a hard time, you're likely to come out the loser.



written by doogle  | 2 months 3 weeks ago | CH
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*promote civil liberties.


written by kronosposeidon  | 2 months 3 weeks ago | CH
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Promoting this video back to the front page; last published Sunday, May 11th, 2008 8:23pm PDT - promote requested by kronosposeidon.


written by siftbot  | 2 months 3 weeks ago | CH
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border patrol... what a shit job that is


written by bamdrew  | 2 months 3 weeks ago | CH
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The Best Buy receipt checker of the real world.


written by Zyrxil  | 2 months 3 weeks ago | CH
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Agreed. I'm glad I wasn't in the Border Patrol long enough to encounter d-bags like this guy (not very long ). I understand he's trying to make a point and all, but there's no issue if he just rolls down his window and answers the question. If he does that and gets sent on his way is that really unreasonable (w/in 100 miles of the border for immigration reasons)? As far as I remember checkpoints are not unconstitutional and while many people may complain, it's obviously not enough to cause change (yet). That being said I am glad that people are willing (and able) to express their concern about what our government does and we should always keep an eye out for abuses.

Btw, is being a douche protected under the constitution? I keed, I keed.


written by littledragon_79  | 2 months 3 weeks ago | CH
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What a tremendous waste of public money.


written by jmzero  | 2 months 3 weeks ago | CH
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*findthumb


written by lucky760  | 2 months 3 weeks ago | CH
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The thumbnail image for this video has been updated - findthumb requested by lucky760.




written by siftbot  | 2 months 3 weeks ago | CH
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>> ^jmzero:
What a tremendous waste of public money.


Well yes and no. Unless my instructors were full of BS, the Border Patrol seizes way more drugs than any other agency. Which is to say they help keep a lot of bad stuff off the street...or not, depending on which crowd you fall into. I think that we do need to protect our borders from a lot of potential hazzards and the the Border Patrol serves as function to do this (yes even those checkpoints). If it was something a majority of people wanted to abolish, it would be gone. And come on, does security really have a price tag? Eh? EH??




written by littledragon_79  | 2 months 3 weeks ago | CH
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hmmm..... this guy's a twat. nuff said. -- hopefully she didnt take her agression built up by this dick out on the next person that pulls up.


written by sirex  | 2 months 3 weeks ago | CH
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The constitution explicitly gives congress power to establish a rule of naturalization, but that concerns granting citizenship, not granting entry. Controlling immigration requires a broad interpretation of the general welfare clause, like so many other things Congress does that are not among the enumerated powers, which is a slippery slope that flouts the 10th amendment.


written by jwray  | 2 months 3 weeks ago | CH
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>> ^littledragon_79:
>> ^jmzero:
What And come on, does security really have a price tag? Eh? EH??


$3.50



written by Shepppard  | 2 months 3 weeks ago | CH
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Borders are BS to begin with. People don't choose where they are born or the natural/political/sociological circumstances in the country they happen to live. This whole "I'm gonna draw a line in the sand and you better not cross it" thing is so arbitrary and unnatural that it cannot last if we want a peaceful and free world.

-Karl


written by swedishfriend  | 2 months 3 weeks ago | CH
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This guy seems like an obnoxious ass to me.


written by budzos  | 2 months 3 weeks ago | CH
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Ok people.... don't get all in a fit. The US border patrol isn't exactly going to souther Illinois and setting these check points up. Having lived in El Paso Texas for a couple of years I've been through these checkpoints numorous times. This point isn't set up at a point of entry into the country. They are set up on major highways leaving areas (El Paso) that have points of entry and / huge populations of Mexicans(I'm not racist, so don't even say it retards.. Mexicans come from Mexico) To ensure that no on is bring illegal immigrants into the country as well as making sure people who are not citizens don't venture to far wit out someone knowing about it for accountability reasons.

However, judging by the tailor, it looks as though this is a makeshift checkpoint, So I'm guessing that they got word of someone smuggeling immigrants through that area so they set that point up to try and catch them. Border Patrol agents also seize millions of dollars worth of narcotic every year.

Point is, this guy is not a douche bag. He wanted an answer to his question, he could have at least answered one of hers. Had he said yes, she probably would have sent him on his way. Every time I've driven through one, they ask, i say yes, and then i drive off.

FUCK YOU MR. Web-cam-on-the-dash-douche. Stop TRYING to start and incident and let those people do their jobs. I know I'm sick of paying for illegal immigrants to sap of my government while offering nothing back into the system.


written by arsenault185  | 2 months 3 weeks ago | CH
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>> ^arsenault185:
Point is, this guy is not a douche bag.

FUCK YOU MR. Web-cam-on-the-dash-douche. Stop TRYING to start and incident and let those people do their jobs. I know I'm sick of paying for illegal immigrants to sap of my government while offering nothing back into the system.


Wait. What? Douche or no douche?






written by RhesusMonk  | 2 months 3 weeks ago | CH
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arsenault185,

I believe that "illegal immigrants" are costing our government far less than the Iraq war is. $500 Billion spent so far on that war. That's a conservative estimate. I've seen estimates that are almost 3 times as much.

Reports suggest 12 million illegal workers in the US.

That would mean each illegal worker costs the government $41,666 per year in order to match the war in Iraq.

Illegal immigrants tend to do shitty jobs for low pay, which keeps the costs of products like fruit, houses, and prepared meals low. If you really think illegal immigrants are a threat, don't go after desperately poor people, go after those who employ them. they wouldn't come here if they were not able to find jobs here. Just be prepared to see a large increase the cost of home construction, fresh fruit, and dining out.


One other thing that is really costing you money is Oil Profits. Exxon Mobil is raking in $40 billion per year in profit. that's nearly $1300 in profit ever second. Think about that next time you fuel up.


written by sometimes  | 2 months 3 weeks ago | CH
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Yeah, man, you said two contradicting things in the same post...

He's a douche, fair and simple. This isn't "fear" - (God, I hate that channel) It's simply a very good agency of the US trying to keep out border states free of illegal immigrants that leech off the local economy.

Like I've always said before - if you want to come to America - Great! Just do it legally.


written by MarineGunrock  | 2 months 3 weeks ago | CH
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*changevote

I wish I went down.


written by MarineGunrock  | 2 months 3 weeks ago | CH
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The police are used to "asking" people to ignore their rights, if even 10% of the population would be assholes, when called for, the police would be forced, through simple pragmatism, to obey the law they are supposed to uphold.

Stopping people, at some place other then the border, without reasonable suspicion, is a violation of the rights that everybody in the US ,citizen or not, has by law. Not being able to assert probable cause without the assistance of the driver, the officer has no legal recourse except to let them go.

Nobody in the US is ever legally required to tell an officer anything. Courts can compel testimony on pain of contempt or obstruction, but officers have no such right.


written by dgandhi  | 2 months 3 weeks ago | CH
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^ ok.. the court can get you to say stuff...so the copswill just take you to court...

@ Sometimes... I never said this war was a good thing.. they are building that huge wall there... we should station all the troops on or border, and build a wall there instead.

As far as your (sorry to be a dick) RETARDED ASS comment about the cost of shit going up.. Get real. That was like that movie "A Day Without a Mexican" Are you serious? Be realistic... take illegal workers out of the picture and shit will still get done. Theres no Mexicans in Maine (I say Maine because I'm from there) and houses get built, fruit gets picked and shelves get stocked. How do I know? I used to work those kinds of jobs. Yep thats right a WHITE GUY did stuff "fit for an illegal immigrant worker.


written by arsenault185  | 2 months 3 weeks ago | CH
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OH.. And stopping people being Illegal.. Are they YOUR roads? Nope. They most certainly belong to the government. And they can stop you just to be assholes if they want to. Driving is a privilege, not a right. The Government does not OWE you a license, nor do they OWE you the ability to drive through an area known to house 1000's of illegal aliens with out being asked a simple question such as "are you an American citizen?" WTF. if that question offends you, shoot yourself. Had he just said "yes" the would have waved his ass right on through.


written by arsenault185  | 2 months 3 weeks ago | CH
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OH! sorry i keep forgetting...

As far as costing 46k annually.. Im sure they don't cost that much.. but keep this in mind: Many of these immigrants have families here. Send their kids to school, drawing WIC or food stamps, or other social aid costs allot of money.. so just because theres 12 million workers in the states doesn't mean there aren't shit tons more in family.


written by arsenault185  | 2 months 3 weeks ago | CH
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>> ^arsenault185:
Having lived in El Paso Texas for a couple of years I've been through these checkpoints numorous times. This point isn't set up at a point of entry into the country. They are set up on major highways leaving areas (El Paso) that have points of entry and / huge populations of Mexicans...


Maybe the point of the video wasn't the encounter with the border patrol, but to document that there are illegal checkpoints on the illegal NAFTA superhighway!


written by NetRunner  | 2 months 3 weeks ago | CH
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>> ^dgandhi:
The police are used to "asking" people to ignore their rights, if even 10% of the population would be assholes, when called for, the police would be forced, through simple pragmatism, to obey the law they are supposed to uphold.

Stopping people, at some place other then the border, without reasonable suspicion, is a violation of the rights that everybody in the US ,citizen or not, has by law. Not being able to assert probable cause without the assistance of the driver, the officer has no legal recourse except to let them go.

Nobody in the US is ever legally required to tell an officer anything. Courts can compel testimony on pain of contempt or obstruction, but officers have no such right.


I'm pretty sure most jurisdictions have a law/ordinance that makes it illegal to fail to obey a peace officer. It's not like the agent is sending him to GITMO. Unfortunately not everything gets stopped right there at the border and the Border Patrol is allowed to operate checkpoints within 100 miles.

And you speak of this probable cause thingy? Like maybe a tip that a smuggling operation is running through the area? Or the area is known to be a hotbed of drug/people smuggling? His vehicle looked suspiciously heavily loaded? And so on, but we really don't know any of that do we? Ultimately law enforcement agencies need to do things by the book and if they're not, they should get spanked. But they just enforce the laws, not make them or interpret their constitutionality.

Again, I'm glad we live in a place where people can question government and with a majority change laws, policies. etc. On this, I do not "keed".








written by littledragon_79  | 2 months 3 weeks ago | CH
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One last thing... I'm too tired to go looking around for it, but maybe someone else has motivation and good googling skills - I want to say "immigration law" pre-dates the constitution. Something about sovereign states being able enforce their borders or some such noise. Sorry, but I had to turn in all my stuff when I quit. But hey, things are the way they are and we all know what needs to be done if we want change.


written by littledragon_79  | 2 months 3 weeks ago | CH
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^ About laws pre-dating the constitution.. I don't think so.. The Constitution is the supreme law of the land.. although it does grant States the right to make their own laws, so long as they don't violate the Constitution.


written by arsenault185  | 2 months 3 weeks ago | CH
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## dickhead program
##

10 print "Am I being detained?"
20 goto 10


written by deathcow  | 2 months 3 weeks ago | CH
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>> ^arsenault185:
As far as your (sorry to be a dick) RETARDED ASS comment about the cost of shit going up.. Get real. That was like that movie "A Day Without a Mexican" Are you serious? Be realistic... take illegal workers out of the picture and shit will still get done. Theres no Mexicans in Maine (I say Maine because I'm from there) and houses get built, fruit gets picked and shelves get stocked.


This article and many others beg to differ.

How do I know? I used to work those kinds of jobs. Yep thats right a WHITE GUY did stuff "fit for an illegal immigrant worker.


Yep, you used to, maybe that's why you know jack from shit anymore. Maybe a little trip back down to Mexicotown would refresh your memory?


written by Bidouleroux  | 2 months 3 weeks ago | CH
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^ I don't know Jack from shit? What exactly are you talking about? Your saying I don't remember how to stock a shelf? WTF? And what purpose would me going back to El Paso serve? I'm my way there in a couple months... would you like a letter from me? I could explain to you, with pictures, that Mexican work in grocery markets, and building house. Yep, thats right. Mexicans are doing these jobs. Is it because they are illegal immigrants? Or is it because the region has a 90 something% Hispanic population?

You said that article and many other... that article says: "Manuel Antonio Cornejo...is believed to be the first Maine employer to be sentenced in U.S. District Court in Bangor for hiring undocumented workers." I'm sure there might be a couple others, but I'm not about to go looking. Besides, 11 workers in a state of 1.2 million people hardly validates your argument.

P.S. Leave the insults at EweToob. Feel free to disagree with what I have to say on the subject all you want, but lets try to have a mature conversation here.


written by arsenault185  | 2 months 3 weeks ago | CH
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somebody will make a 300-style techno remix of this, guaranteed


written by jwray  | 2 months 3 weeks ago | CH
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Federal policing should be restricted to State Declared emergencies.

That is how things have been done in the US since the first states ratified the Constitution. Only recently when a certain asshole created DHS and merged the border patrol into it and gave them unheard of, unrestricted powers has this become an issue (google "border patrol greyhound").

Once upon a time state militia, state and local police were responsible for their jurisdictions. Border patrol was only to police those people crossing the US borders and harbors.

Now there are blanket illegal checkpoints (YOUR PAPERS PLEASE). This man might have sounded like a jerk to you, but that is because you are a moran and do not understand your rights. She would have gladly done something to him if she had any authority. Instead it is a whole highway of people who would gladly board the trains and be shipped to ghettos (yea, I went there Godwin's fans)


written by joedirt  | 2 months 3 weeks ago | CH
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I think this dude is an ass but at the same time this is not on the border its inside the US. Do a good job on the border and you dont need check points, at the same time its just her job and i feel bad that she has to put up with stuff like this.


written by 101  | 2 months 3 weeks ago | CH
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>> ^jwray:
somebody will make a 300-style techno remix of this, guaranteed


I look forward to downvoting it.




written by xxovercastxx  | 2 months 3 weeks ago | CH
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there's no point to this video other than the guy is being a dick head.


written by onestem  | 2 months 3 weeks ago | CH
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This is what I love about the U.S.A.!!!

Your rights are set out clearly for all citizens to know. You dont need a law degree to be able to speak with a "badge" or "suit" of any kind.

Its great to see people have some rights and be able to exercise them without getting penalised. I know where I live I have the right to pretty much nothing, random stops, search your car, your person, it goes to peoples heads too. I've even witnessed them enter my friends home and tell us to turn out our pockets... Not that I have run-ins with the law, but as a law abiding tax payer I hate getting verbal abuse from guys in uniforms. I also hate getting ordered around.

I felt kinda sorry for the agent, I know, maybe what she is doing is sinister but I bet she was thinking "Oh damn, I had to stop this guy"


written by moodonia  | 2 months 3 weeks ago | CH
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> This man might have sounded like a jerk to you,
> but that is because you are a moran

I think the guy is right, he's just a bit of a dick about his approach.
And that is not how you spell meouxrahn!


written by deathcow  | 2 months 3 weeks ago | CH
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You know.. just like an officer pulling some one over..they don't need to detain you just to ask a few questions. The fact he made a big deal of just rolling down his window already made me think he was gonna be an ass throughout the entire thing. If you don't like it, you have means of changing it.

This isn't it.


written by jmd  | 2 months 3 weeks ago | CH
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They can ask all the questions they like, but you don't have to answer them if you aren't being detained. And you can't detain someone without probable cause. And failure to answer is not grounds for detention. Hence his point. Fourth Amendment. Read it. Know it.

Unless there are more exigent circumstances I can't see how border patrol agents stopping everyone on a highway within the United States is justified. Their real power is at the border where criminal law gives them an exemption and allows them to search your belongings without a warrant (including your laptop by the way so don't even think of leaving that porn on there).

Don't turn your fear of illegal aliens or terrorists running amok in the country into hatred for this guy. I can't say I'm comfortable with his tone, but no matter how much you feel for the woman CBP agent, it is part of the job.

Okay so you don't like his tactics. How else is he to go about getting change? Your elected representatives aren't going to listen in this climate of fear and if they do it could take many many years. The best chance to address this is in the courts by forcing the issue. If our rights are being violated, if our freedoms are being taken away, let's test it in court. If you want to be sheep and just accept whatever yoke the government puts around your neck then go ahead, but don't blame this guy for not wanting to wear it.


written by twiddles  | 2 months 3 weeks ago | CH
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>> ^twiddles:


Well said!

There are people in this thread who would allow themselves to be illegally detained and then argue that it was for the good of your country.




written by dbot2006  | 2 months 3 weeks ago | CH
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Stopping someone and asking them a couple of VERY simple questions is not detaining in the legal sense of the word.

Detaining them in the legal sense is done with the intention of having them for an extended period of time, not less than a minute.


written by MarineGunrock  | 2 months 3 weeks ago | CH
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>> ^sometimes:
arsenault185,

I believe that "illegal immigrants" are costing our government far less than the Iraq war is. $500 Billion spent so far on that war. That's a conservative estimate. I've seen estimates that are almost 3 times as much.

Reports suggest 12 million illegal workers in the US.

That would mean each illegal worker costs the government $41,666 per year in order to match the war in Iraq.

Illegal immigrants tend to do shitty jobs for low pay, which keeps the costs of products like fruit, houses, and prepared meals low. If you really think illegal immigrants are a threat, don't go after desperately poor people, go after those who employ them. they wouldn't come here if they were not able to find jobs here. Just be prepared to see a large increase the cost of home construction, fresh fruit, and dining out.


One other thing that is really costing you money is Oil Profits. Exxon Mobil is raking in $40 billion per year in profit. that's nearly $1300 in profit ever second. Think about that next time you fuel up.


Don't be naive. Do you seriously think that they pass those savings on to you? I think not.















written by MarineGunrock  | 2 months 3 weeks ago | CH
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>> ^MarineGunrock:
Stopping someone and asking them a couple of VERY simple questions is not detaining in the legal sense of the word.

Detaining them in the legal sense is done with the intention of having them for an extended period of time, not less than a minute.


So if uniformed men in positions of power came and surrounded you and would not let you leave, you would be ok with it as long as it wasn't for longer than a minute? What if they wouldn't let you go until you answered some easy questions?
It sounds to me as if you would welcome a police state under the guise of responsible government.






written by dbot2006  | 2 months 3 weeks ago | CH
 3  | flag spam (0)
OK, I'm jumping ahead before I've read all the comments to get in this