Citizen Refusal, United States v. Martinez-Fuerte, DHS Violating 4th Amendment in Amado, Arizona?

are you a u.s citizen i'm sorry i'm not declaring my citizenship you have to this is immigration checkpoint you need to declare your citizenship i'm sorry not gonna happen okay well then i need you to pull over to the number one sign for me please mr chief justice and may it please court the case of regolfo sifuentes in which i'm court appointed counsel involves a question of whether the border patrol can stop a vehicle at a permanent checkpoint many miles from the border for the purposes of interrogating its occupants and visually searching the interior of the vehicle without cause or suspicion of any kind and also without a warrant of any nature now the martinez foreign case involves the same question except in that case the checkpoint was operating under some nature of a warrant a warrant of some kind and however the government maintains that they have a right to operate these checkpoints to make these stops and inflict these intrusions upon the people passing without a warrant and the fact that they did have a warrant or did not have a warrant is not controlling that's their initial argument anyway mr bennett i suppose you would agree that precisely at the border all of the things that were done here could be done yes sir there is no argument about that before donald trump this could the issue is the distance yes sir my checkpoint was approximately 70 miles from the border you have to this is immigration checkpoint it's not gonna happen i'm sorry not gonna happen okay well then i need you to pull over to the number one sign for me i'll be right over there yes hey there's a whole bunch of people here this one declares citizenship hi how are you today can you please roll this back window down no i'm not doing that i'm sorry i'm not consenting to searches i'm just doing an immigration expression i'm not going to search anything well i'm not rolling the window down either okay so the whole point of the checkpoint is an immigration checkpoint so i just want to make sure there's nobody in the back seat that i need to to inspect to see if they're citizens of the united states are you a united states citizen i'm not declaring my citizenship why because i don't want to i'm sorry i don't want to you don't want to ma'am are you a united states citizen yes you are can we see him oh oh my gosh was it did the cannon alert all right so please be careful of this sign i don't know if you want to back up a little bit i don't know if you want to back up a little bit or go around it either way just please be careful of the sign in the cones you guys have a great day okay thank you all right drive safe we have to back up a little because we've got legs the problem here arises from aliens we enter the united states illegally primarily from mexico the border with mexico is almost 2 000 miles long there are several million aliens illegally in the country most of whom cross the mexican border surreptitiously they avoid lawful ports of entry cross on foot at various points and rendezvous with smugglers and transport them inland the border patrol conducts three kinds of inland traffic checking operations roving patrols temporary checkpoints and permanently located checkpoints we are concerned today with the operation of two permanent checkpoints one located on a principal highway in california and the other on an important highway in texas the defendants in these cases were stopped for questioning and aliens were found in both vehicles the issue presented is whether the fourth amendment prohibition against searches of seizures was violated by routine checkpoint stops on vehicles on a public highway for the questioning of occupants these stops are made where there is neither probable cause nor any reasonable suspicion in a legal sense for the leaving the vehicles contained illegal aliens at the san clemente checkpoint involved in one of these cases during an eight day period in 1974 146 000 vehicles passed the checkpoint all were slower to a few miles per hour to allow for a fleeting visual inspection 820 vehicles were selected and referred to a secondary area for routine questioning as to citizenship of the 820 vehicles so selected 171 were found to be transporting a total of 725 deportable aliens the questioning that occurs usually takes no more than three to five minutes the stopping of motorists on highways for various inquiries license checks weight limit inspections fruit and vegetable inspections and the like is familiar to all motorists we hold the stops for brief questioning routinely conducted at an official checkpoint are wholly consistent with the fourth amendment the intrusion on privacy and the limitation on freedom of movement in these situations are minimal the public interest and the need for this modest law enforcement technique on the other hand have been demonstrated abundantly by the records in these cases accordingly we reverse number 74 15 60 here from the court of appeals from the ninth second and we affirm 75 5387 here from the court of appeals from the fifth second mr justice brennan has filed a dissenting opinion in which mr justice marshall has concurred thank you mr justice powell then you

Channel: Robert Trudell

Views: 41,705

Keywords: X-Ray, Refusing, declare, Citizenship, U.S. Border Patrol Immigration Checkpoint, K-9 Sniff, roll down, Rear Window, Secondary Inspection, K9 Alert, Test, Immigration Inspection, Vehicle Search, No Search Consent, Citizen Interrogation, Department of Homeland Security, Tuff Shed, Illegal Immigration, Amado, Arizona, Citizen, Refusal, United States v. Martinez-Fuerte, DHS, 4th Amendment, U.S. Border Patrol Stop, violate, Interstate 19 Freeway, warrantless, search, unreasonableness, custody

Id: c-x_nt1d87Y

Length: 9min 14sec (554 seconds)

Published: Tue Feb 09 2021

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[u/jakemallory]

the blonde cop lol "its so tinted its hard to see in" while she is wearing blackout shades. to dumb to know its her glasses, not the cars tint.