OMG seeds!
Member
- Joined
- Jun 15, 2010
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- 71
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Burt - "Jeremy...you're half right. A search warrent isn't needed when you return to the US. However, it is needed even if you are in the proximity of the border if you haven't crossed the border. This, however, is not relevent to what happened as I wasn't near the border.
I was on a highway several miles from the border; I was headed towards Mexico and was not re-entering the US. A warrant was needed to search my car without my permission and probable cause was needed to stop me."
Burt, I don't mean to split hairs but "probable cause" isn't the standard to stop a vehicle, I believe "modicum of suspicion" is the standard which is considered something slightly less than "probable cause". Once stopped though I agree that "probable cause" is required to search the vehicle or any portion of it including its passengers.
"That's why this bp agent asked for permission to search my car. And why he was never able to search my trunk following my refusal to grant permission. He was being an a**hole abusing his authority (by detaining me half an hour) when I refused his request. His actions were intentend to punish me for not voluntarily giving up my consitutional rights."
That is indeed strange to get stopped by border patrol away from the border. In any event I think what you did was excactly correct. ALWAYS refuse any search, make it VERY clear.
I was on a highway several miles from the border; I was headed towards Mexico and was not re-entering the US. A warrant was needed to search my car without my permission and probable cause was needed to stop me."
Burt, I don't mean to split hairs but "probable cause" isn't the standard to stop a vehicle, I believe "modicum of suspicion" is the standard which is considered something slightly less than "probable cause". Once stopped though I agree that "probable cause" is required to search the vehicle or any portion of it including its passengers.
"That's why this bp agent asked for permission to search my car. And why he was never able to search my trunk following my refusal to grant permission. He was being an a**hole abusing his authority (by detaining me half an hour) when I refused his request. His actions were intentend to punish me for not voluntarily giving up my consitutional rights."
That is indeed strange to get stopped by border patrol away from the border. In any event I think what you did was excactly correct. ALWAYS refuse any search, make it VERY clear.