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Mabus
04-17-2009, 06:45 AM
Baptist pastor beaten + tazed by Border patrol - YouTube (http://www.youtube.com/watch?v=YUzd7G875Hc)
Poor fella, but he is likely to lose when he goes to court. SCOTUS long ago affirmed an "automobile exception" to searches.
While he did not have to consent to a search of his vehicle (and even if you have nothing to hide you should never consent to a search), the peace officers have the right to search the immediate passenger area to check for weapons that could adversely affect their safety. If the dog did "hit" on the trunk they are going to search it. Don't consent, but don't impede.
I do not think he had a "reasonable expectation of privacy" when crossing a national border, as most people would expect that vehicles could be searched at random when crossing. That may also factor in.
Thoughts?
Best 4 things to say when stopped:
1) Am I under arrest?
2) Am I free to go?
3) Do I need a lawyer?
4) I have things to do. I do not consent to a search.
Sean of the Thread
04-17-2009, 06:55 AM
http://www.youtube.com/watch?v=yqMjMPlXzdA
Yeah, that's pretty infuriating assuming he's telling the truth.
Also, never let a woman handle a camera.
Sean of the Thread
04-17-2009, 07:12 AM
My ex's sister got tazed twice and pulled out of her car window by her hair for refusing to sign a no seat belt ticket.
That's some shit right there rofl.
Crossing borders = automatic consent to search
Sean that video was pwn. Shame over here we have almost none of those rights.
Mabus
04-17-2009, 07:57 AM
Crossing borders = automatic consent to search
That's what I thought. You have no "reasonable expectation of privacy" when crossing an international border.
Sean that video was pwn. Shame over here we have almost none of those rights.
Agreed. Good link, Sean.
Sean of the Thread
04-17-2009, 07:57 AM
Crossing borders = automatic consent to search
Sean that video was pwn. Shame over here we have almost none of those rights.
I don't think the pastor crossed national borders just state borders but anyways the looks like the type of person to be a prick to the popos and bring it on to himself.
Oh your second comment about having almost none of those rights = American Revolution = pwn.
Kuyuk
04-17-2009, 09:05 AM
lol @pastor.
AnticorRifling
04-17-2009, 11:29 PM
I can run my face into a door and then record a video of MY SIDE OF A STORY and say it was cops and this that and the other because I want more people to go to my church too....wait what?
And if he considers that beat to a bloody pulp he's a bitch. My prediction is he won't win, he'll lose his cool before the trial is over and be found in contempt because he can hardly handle himself in his private video.
Warriorbird
04-18-2009, 12:08 AM
The Border Patrol can pretty much search anybody at any time.
Mabus
04-22-2009, 08:40 AM
The Border Patrol can pretty much search anybody at any time.
Only when crossing a border, or with probable cause at a checkpoint.
Anderson did not cross the border, but was stopped and questioned at a checkpoint. Only when he refused a search (his legal right) did they bring in dogs. After breaking his windows, beating him and tazing him ("Don't taze me, bro!"...) repeatedly they searched his vehicle and found no evidence of any crime.
The Arizona versus Gant case was decided yesterday. On a surprise move (to me) SCOTUS further limited the ability of the police to search a vehicle.
A pdf at the SCOTUS site. (http://www.supremecourtus.gov/opinions/08pdf/07-542.pdf)
Holee Sheet, result!
Surprised me too.
Sean of the Thread
04-22-2009, 09:29 AM
Wow
Keller
04-22-2009, 09:52 AM
Border search exception (http://en.wikipedia.org/wiki/Border_search_exception)
Keller
04-22-2009, 09:53 AM
The Arizona versus Gant case was decided yesterday. On a surprise move (to me) SCOTUS further limited the ability of the police to search a vehicle.
A pdf at the SCOTUS site. (http://www.supremecourtus.gov/opinions/08pdf/07-542.pdf)
That is actually very surprising.
I thought Earl Warren was dead. Who knew?
Ignot
04-22-2009, 09:57 AM
This guy is a pastor?
Warriorbird
04-22-2009, 12:33 PM
That is actually very surprising.
I thought Earl Warren was dead. Who knew?
They just wanted to shake up my ACJ exam.
SolitareConfinement
04-22-2009, 01:12 PM
according to his blogspot thingy it was highway patrol at a checkpoint that asked him to search...some 50 miles away from the border...and when they were getting ready to beat him is when a border patrol agent came in. not sure if that is how things really work but that is what his blogspot from youtube seems to say *shrugs* if that is in fact HIS blogspot
BigWorm
04-22-2009, 04:05 PM
Crossing borders = automatic consent to search
Sean that video was pwn. Shame over here we have almost none of those rights.
The Border Patrol can pretty much search anybody at any time.
Border search exception (http://en.wikipedia.org/wiki/Border_search_exception)
He didn't cross the border. I'm pretty sure the fourth amendment still applies in Arizona.
Sean of the Thread
04-22-2009, 04:12 PM
He was still being a dipshit.
Mistomeer
04-22-2009, 04:23 PM
He didn't cross a border, but he was a moron. Those internal borders are no big deal. You roll up to one, have your window down and the officer says, "Are you a US citizen?" You say, "Yep." and that's the end of it.
Watch some of the guy's other videos and you can see he's being intentionally shady when he comes across the checkpoints. While he probably shouldn't have been beaten and tazed, he has a history of antagonizing law enforcement.
Further, read his sermons. He's officially insane. He has some crazy stuff in his sermons like if your wife has a male doctor that sees her nude then that's more of a sin than Playboy and Penthouse combined. He also preaches about wanting to beat the hell out of gays and things like that.
Sean of the Thread
04-22-2009, 05:36 PM
He reminds me of my brother antagonizing the police for no reason. The guy is on a mission to be an asshole.
He's baptist anyways... only thing worse than that is southern baptists.
Jorddyn
04-22-2009, 06:12 PM
STEVENS, J., delivered the opinion of the Court, in which SCALIA, SOUTER, THOMAS, and GINSBURG, JJ., joined. SCALIA, J., filed a concurring opinion. BREYER, J., filed a dissenting opinion. ALITO, J., filed a dissenting opinion, in which ROBERTS, C. J., and KENNEDY, J., joined, and in which BREYER, J., joined except as to Part II–E.
SCALIA??!?
Wow.
Tisket
04-22-2009, 06:14 PM
He does seem like a jackass. Watching his whiny ass on that video almost makes me regret that jackasses have as many rights as the rest of us....
Warriorbird
04-22-2009, 06:24 PM
according to his blogspot thingy it was highway patrol at a checkpoint that asked him to search...some 50 miles away from the border...and when they were getting ready to beat him is when a border patrol agent came in. not sure if that is how things really work but that is what his blogspot from youtube seems to say *shrugs* if that is in fact HIS blogspot
I'm not sure how much you can trust the blog. Immigration enforcement officers rather than pure 'Border Patrol' as it were have broad abilities to search though.
Proxy
04-22-2009, 06:46 PM
He didn't cross the border. I'm pretty sure the fourth amendment still applies in Arizona.
Wow, since when? My honest view of AZ is if your Legal(citizen) bend over & touch your toes.
Phoenix seems more like one of those places that does everything in its power to get legal citizens to move away and stay away, from the application of law to the convoluted management skills of their urban planners. BTW, Did I every say, "I H8T AZ?"
Tisket
04-22-2009, 06:56 PM
That was your 666th post, Proxy. If I were you, I'd stop posting forever just to keep it at that number.
Tisket
04-22-2009, 07:42 PM
I was kind of curious about this since I've never experienced one of these checkpoints so I went googling. Here's some videos of actual stops at these Border Patrol Suspicionless Checkpoints (that aren't actually on the border):
http://www.youtube.com/watch?v=irYJVn2k6zU
http://www.youtube.com/watch?v=yHqpuVetLeo
http://www.youtube.com/watch?v=0KFQnVsvu_I
http://www.youtube.com/watch?v=K8hcf1flFHA
http://www.youtube.com/watch?v=0KFQnVsvu_I
http://www.youtube.com/watch?v=irYJVn2k6zU
They are all the same guy, he has more at: https://www.checkpointusa.org/DHS/homelandSecurity.htm
Tisket
04-22-2009, 08:03 PM
This one was interesting because the guards didn't seem to realize they were being filmed and let the smartass kid make them say some things they probably shouldn't have: http://www.youtube.com/watch?v=msFEj-UBU9Q&feature=PlayList&p=7BC956C2E15751BE&index=9
Mistomeer
04-22-2009, 08:59 PM
Wow, since when? My honest view of AZ is if your Legal(citizen) bend over & touch your toes.
Phoenix seems more like one of those places that does everything in its power to get legal citizens to move away and stay away, from the application of law to the convoluted management skills of their urban planners. BTW, Did I every say, "I H8T AZ?"
Yeah, Phoenix sucks. Everything about Maricopa county sucks really. It's too crowded, traffic sucks, Sheriff Joe sucks, etc. It's one big strip mall run by mall security guards on a power trip. On the up side, Jenna Jameson lives out in North Scottsdale though.
I've always just sort of taken it for granted that if you try hard enough you can antagonize a law enforcement official into fucking you up. I guess the leader of the Branch Dividians there didn't think that it was possible and is now crying about it.
Mabus
04-22-2009, 09:45 PM
This one was interesting because the guards didn't seem to realize they were being filmed and let the smartass kid make them say some things they probably shouldn't have: http://www.youtube.com/watch?v=msFEj-UBU9Q&feature=PlayList&p=7BC956C2E15751BE&index=9
Damn, those patrol agents are not just dicks, but idiots.
Nice link.
Parkbandit
04-23-2009, 10:39 AM
This guy seemed to initiate and invite a confrontation with law enforcement... or at least that is the impression I get from his own video.
SolitareConfinement
04-23-2009, 11:18 AM
if his only motivation is to go out and get beaten by border patrol so as to get them fired....well he falls under the heading of fail that's for sure. and with all these youtube links that seems to be the case. after seeing he has tried multiple times to get a rise out of these border patrol people, he deserves every last ounce of beatings he gets...simply because he's looking for them
Tisket
04-23-2009, 11:26 AM
I agree that he was being provocative. But I also don't believe that a person should be in law enforcement at all if they are unable to shrug off deliberate verbal provocation. As infuriating as some people can be, I don't think violence is a reasonable response unless there is a physical threat.
Sean of the Thread
04-23-2009, 11:29 AM
That's my dipshit brother in a nutshell when it comes to any situation like that.
I would not act that way in that situation however I do think the border patrol guy was going out of his way with his shit eating grin as well.
And that lil fag did not act as a former Marine as well.
Parkbandit
04-23-2009, 11:30 AM
I agree that he was being provocative. But I also don't believe that a person should be in law enforcement at all if they are unable to shrug off deliberate verbal provokation. As infuriating as some people can be, I don't think violence is a reasonable response unless there is a physical threat.
If that was a prerequisite for being in law enforcement, we would have 3 total sheriffs in the entire country.
I know for a fact that if I were the cop in question, I would totally fuck with this prick. And understand, my entire opinion of this guy is formulated from his own video... I'm sure he's downplaying his part in this altercation about 10 fold.
Tisket
04-23-2009, 11:32 AM
You quoted me before I was able to edit to fix my spelling mistake! Damn you.
Parkbandit
04-23-2009, 12:03 PM
You quoted me before I was able to edit to fix my spelling mistake! Damn you.
SORRY! I didn't mean to provokate you.
Tisket
04-23-2009, 12:06 PM
haha, bastard.
Proxy
04-23-2009, 12:13 PM
That was your 666th post, Proxy. If I were you, I'd stop posting forever just to keep it at that number.
the thought had crossed my mind, then my moment of quiet amusement passed and it was time to continue on. Sad but, meh.
Besides, were I to quit posting I know how much you would miss my positive outlook on life, the universe, and everything. As well a my generally charming personality.
...wait, what?
Mistomeer
04-23-2009, 03:49 PM
I agree that he was being provocative. But I also don't believe that a person should be in law enforcement at all if they are unable to shrug off deliberate verbal provocation. As infuriating as some people can be, I don't think violence is a reasonable response unless there is a physical threat.
I agree. I don't think the guy deserved it, but honestly, is anyone really surprised that he went around trying to provoke law enforcement and one day ended up getting tazed for it?
Mabus
04-23-2009, 05:04 PM
I agree. I don't think the guy deserved it, but honestly, is anyone really surprised that he went around trying to provoke law enforcement and one day ended up getting tazed for it?
Not me.
I always tell people that do protests the same thing, "Expect to be harassed and arrested." It's just the way things are.
Mistomeer
04-23-2009, 05:15 PM
Not me.
I always tell people that do protests the same thing, "Expect to be harassed and arrested." It's just the way things are.
Yeah, exactly. It doesn't make the tactics the police use any more right, but it's not surprising.
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