Border Patrol tasers pastor IN THIS COUNTRY

[Caroline]

Hot Air Blog Archive Video: Border Patrol tasers pastor at traffic stop


This is a clear violation of this man's 4th amendment rights. These officers should be fired and then tried in a court of law. I hope the pastor follows through with this.

[walksalone]

Nothing will happen to these officers...........

US FEDERAL CODE OF LAW:

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IX > § 1357


Just a couple of entries ... you can read the rest:

(a) Powers without warrant Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant—

...............

(3) within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;

(5) .....
(c) Search without warrant Any officer or employee of the Service authorized and designated under regulations prescribed by the Attorney General, whether individually or as one of a class, shall have power to conduct a search, without warrant, of the person, and of the personal effects in the possession of any person seeking admission to the United States, concerning whom such officer or employee may have reasonable cause to suspect that grounds exist for denial of admission to the United States under this chapter which would be disclosed by such search.

[Bucks]

Additional reading;

Phoenix - Valley Fever - Pastor Tased and "Beaten" at Checkpoint Plans to Sue; Admits He's Been Resisting at Checkpoints for Months

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[NewC]

You say IN THIS COUNTRY as if there are no cops who over step their limits.

No cop has ever done that. Nope.

Not until Obama anyway!!!!!

[Susanna]

Additional reading;


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I had a suspicion there was more to the story than originally reported.

[Bullseyed]

One of the comments on the hot air blog hit the nail on the head.

"Those silly Americans….they need to learn they can’t just come and go without papers or even so much as a “by your leave.”"

And from the article:

Anderson tells New Times he's been doing a lot of traveling in recent years through California, Arizona and Texas, and passed through Border Patrol checkpoints "hundreds" of times without any trouble. But about a year and a half ago, he says, he made the decision he would no longer answer any questions at the checkpoints.

"I decided, 'You know what? I have the right to travel without being searched and without being questioned,'" he says.

Until this week, agents at the checkpoints never made too big of a deal over his passive resistance.

"Usually they let me go after I refused -- that happened many times. Once they held me for 20 minutes," he says.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Supreme Court ruled that some searches and seizures may violate the reasonableness requirement under the Fourth Amendment, even if a warrant is supported by probable cause and is limited in scope. Conversely, the Court has approved routine warrantless seizures, for example "where there is probable cause to believe that a criminal offense has been or is being committed." Thus, the reasonableness requirement and the warrant requirement are somewhat different.

The reasonableness requirement applies not just to a search in combination with a seizure, but also to a search without a seizure, as well as to a seizure without a search. Hence, the amendment is not limited to protecting elements of privacy or personal autonomy, but rather applies pervasively to virtually all aspects of criminal law. Nevertheless, the amendment does not replace other constitutional provisions, such as replacing the Eighth Amendment's ban on "cruel and unusual" punishment with a more sweeping ban on "unreasonable" punishment.

Routine searches on travel checkpoints do not have probable cause, and nothing I have seen regarding the case would have given officers on the scene any reason to believe a crime was being committed. He should sue on grounds of his due process being violated, then for damages, then for emotional distress, wrongful imprisonment and whatever else.

One step away from the Obama secret police.

[walksalone]

There are exceptions to the 4th amendment as well. In this case you have to look at:

Border search exception

Main article: Border search exception
Searches conducted at the United States border or the equivalent of the border (such as an international airport) may be conducted without a warrant or probable cause subject to the "border-search" exception.[54] Most border searches may be conducted entirely at random, without any level of suspicion, pursuant to Customs' plenary search authority. However, searches that intrude upon traveler's personal dignity and privacy interests, including strip and body cavity searches must be supported by 'reasonable suspicion.'[55] Two federal Courts of Appeals have ruled that information on a traveler's electronic materials, including personal files on a laptop computer, may be searched at random, without suspicion.[56]

I think this guy was just a jerk who was just asking for trouble and once he got it all he wanted to do was exploit it. In my own personal opinion .... we don't need jackasses out there like him attempting to make an issue in defense of anyone's rights. Of course they immediately label him as a right wing activist. He's about as much help as a heart attack.

[Maylar]

In before "Don't taze me bro!"

[Bucks]

Main article: Border search exception
Searches conducted at the United States border or the equivalent of the border (such as an international airport) may be conducted without a warrant or probable cause subject to the "border-search" exception.

I hadn't thought about that one. Good point.

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[Young Republican]

Hot Air Blog Archive Video: Border Patrol tasers pastor at traffic stop


This is a clear violation of this man's 4th amendment rights. These officers should be fired and then tried in a court of law. I hope the pastor follows through with this.

Patriot Act at its best performance. Hey, NewC! did you read this article? Poor pastor had his fourth amendment rights violated from the higher powers that were given to higher authority through the Patriot Act.