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Re: Am I being Detained...Am I free to go [Re: engnbldr] #886333 05/18/08 06:21 PM
Joined: Mar 2005
Posts: 245
rodeoredd Offline
Wheeler
Quote
5 bucks says he's a little fat "intellectual type" that thinks he's a freedom crusader or some smack.


yup i second that -i think guys like this idiot are in their own little world they have created (most of which is online) where they probably feel very powerful but in real life are a loner hobbit with little social skills or accomplishments.

what is he trying to prove > that he can be an ass?

he is like the guy who goes and scream at a mcdonalds manager cause he got gypped a nickel. <img src="/forums/images/graemlins/baby.gif" alt="" /> <img src="/forums/images/graemlins/baby.gif" alt="" /> <img src="/forums/images/graemlins/baby.gif" alt="" />


'99 Rodeo V6 4x4 w/ 8" lift, 33" TrXus MT
4.77, Aussie Locked rear, 8500lb winch, custom rack, custom winch bumper, ProComp lights, 230,000km
http://www.cardomain.com/ride/2231794
Re: Am I being Detained...Am I free to go [Re: rodeoredd] #886334 05/18/08 06:35 PM
Joined: Oct 2006
Posts: 2,079
Brown81CJ5 Offline
Body Damage is Cool
When I open the link it says "media item not found." Is there another link to it, or do you have to have an account on liveleak?


Gun it and run it!
1981 CJ5,258,T-176,D300,AMC 20,Dana 30,Trxus M/T 31x10.50, Rancho 5000's, GroundPounderFab front bumper, polyethylene gas tank, aluminum dash, AutoMeter gauges

What this country needs is unemployed politicians.
Re: Am I being Detained...Am I free to go [Re: Brian894X4] #886335 05/18/08 06:44 PM
Joined: Aug 2004
Posts: 883
R
rapha Offline
Rock Warrior
Quote
I have a little idea...about putting those jokers on the damn border where they should be in the first place along with an actual fence!!!


The fence is being built. Boeing is moving ahead with their portion and several other GC's & fabricators have been building fence for some time now. Maybe you don't realize the manpower involved in building 600-700 miles of fence. It won't happen overnight. And unless you want them to force every fabricator in the southwestern US to stop what they're doing and build fence only it will take some time.

Carlos


'05 Frontier, Auto Tranny, 4.0 V6, 2WD <img src="/forums/images/graemlins/frown.gif" alt="" />
Re: Am I being Detained...Am I free to go [Re: rapha] #886336 05/18/08 07:45 PM
Joined: Dec 2004
Posts: 5,231
CapnCrunch Offline
Trail Leader
***
Quote
And unless you want them to force every fabricator in the southwestern US to stop what they're doing and build fence only it will take some time.


And if that should happen, perhaps I should be on the other side of the fence.


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Re: Am I being Detained...Am I free to go [Re: rapha] #886337 05/18/08 09:53 PM
Joined: Apr 2002
Posts: 3,568
Snowtoy Offline
Roll Me Over
When you understand the law and use your knowledge of it, you aren't being an <img src="/forums/images/graemlins/butwiggle.gif" alt="" />, yes you have the tendency to be viewed as such and risk being arrested on a trumped up charge, however, you shouldn't let Law enforcement officers do more than they are allowed to by law. We all know the types I am referring to, i.e., "I have a badge and a gun you must obey me", the ones that think they gain respect/power just by becoming a cop. These are the types I like to screw with. It is rather funny when you cut them down a peg or two when you can ask the right legal questions or when you inform them of their jurisdictional limitations. Of course most Law enforcement officers aren't like this and shouldn't be treated like they are. However even if they are this type when driving you are under a different set of conditions then when walking around in public. A drivers license is a conditional use permit and one of the conditions of its use is to answer questions when stopped by law enforcement. If he felt he was being targeted unfairly because of his ethnicity, or that the checkpoint was unconstitutional(IMO they all are regardless of the reason/season) he should have just taped the encounter, complied respectively, and then contacted an attorney. Challenging the validity of the checkpoint with low level agents wouldn't get him anywhere, and gives it the look of being staged.


More than tread lightly. Leave it like you were never there, nor anyone else.
'90 X-cab 4.88's 33 BFG AT's, rr ARB, Headers, Ignition upgrade, cold air induction.
'91 X-cab 5.29's 315's BFG MT's, rr ARB, custom bumper and flatbed
Re: Am I being Detained...Am I free to go [Re: Snowtoy] #886338 05/19/08 12:04 AM
Joined: Oct 2006
Posts: 2,079
Brown81CJ5 Offline
Body Damage is Cool
I finally got it to show up. I think that he was in no way being an <img src="/forums/images/graemlins/butwiggle.gif" alt="" />.

There is no reason to have a checkpoint that far into the US. If there are any illegals making that far into our country, then the border patrol has already failed at that point. They need to stay where they are actually needed...on the BORDER. <img src="/forums/images/graemlins/rolleyes.gif" alt="" />


Gun it and run it!
1981 CJ5,258,T-176,D300,AMC 20,Dana 30,Trxus M/T 31x10.50, Rancho 5000's, GroundPounderFab front bumper, polyethylene gas tank, aluminum dash, AutoMeter gauges

What this country needs is unemployed politicians.
Re: Am I being Detained...Am I free to go [Re: CapnCrunch] #886339 05/19/08 01:25 AM
Joined: Aug 2004
Posts: 883
R
rapha Offline
Rock Warrior
Quote
And if that should happen, perhaps I should be on the other side of the fence.


Exactly. The process takes time but it is happening.

Carlos


'05 Frontier, Auto Tranny, 4.0 V6, 2WD <img src="/forums/images/graemlins/frown.gif" alt="" />
Re: Am I being Detained...Am I free to go [Re: Snowtoy] #886340 05/19/08 01:33 AM
Joined: Dec 2001
Posts: 11,727
LRJ4x4 Offline OP
Web Wheeler
*****
Quote
A drivers license is a conditional use permit and one of the conditions of its use is to answer questions when stopped by law enforcement.


Say what? There is no conditional use for a California drivers license. You may have it confused with "implied consent" for DUI test and even then field sobriety and field breathalizers are voluntary. They can only make you take a test after your in custody.

You are only required to verify your identity, address, vehicle registration, and auto insurance coverage. <img src="/forums/images/graemlins/patriot.gif" alt="" />


98 Montero with cold weather package
96 Toyota Land Cruiser, fully locked Mall Machine :-)
Re: Am I being Detained...Am I free to go [Re: engnbldr] #886341 05/19/08 10:01 AM
Joined: May 2001
Posts: 6,768
Brian894X4 Offline
Trail Leader
*****
Quote
>>>*Of course a police officer is nothing more than a citizen that is given the JOB of enforcing the laws, people seem to forget that.


I certainly have not forgotten that, having sat in that ladyÆs shoes at one point in time, but the fact still remainsà.there was no probable cause to stop, in theory the Officer had no right to detain and the fact she let him go without getting a single one of her questions answered tells me that she knew she was in the wrongàor at least did not have the official and legal power to demand the answers to the questions she was asking. Clearly this guy with the camera did this on purpose and was trying to a make a point. So what? Isn't that our right in America. There are plenty of incidents where citizens and activists gode the Police or critize the police for their actions. Anyone who reads my posts, knows I constantly defend the police in their actions, including on this board, using very specific points that I've learned about from first hand knowledge and experience.

But this guy had a right to do what he did and he wasn't risking anyone's safety, so I see no problem with what he did. The Officer handled as well as could be expected, but I fully expect that had it been a male Officer, things could have gotten ugly. In my experience, female Officers tend to be more diplomatic and reasonable in situations like this.

Don't get me wrong, I still feel bad for the Officer. Being on that checkpoint was not her decision. And she was just doing her job, but she also clearly knew that she had no right to stop or detain that person, or it would continued and escalated. She made the decision to just cut the stop off and let the person go, which under the circumstances was the wise decision and not all Officers would have made it, which is why there are so many anti-Police videos floating around youtube, giving cops a bad name.

Quote

Any citizen may attempt to enforce the same laws in the same fashion, it's just that they had better be correct because with an officer it is a duty and with a citizen it is a right. Actually it is also a duty for any private citizen to try to enforce laws but the perception there has seemed to change over the last few decades.


I can tell first hand, that our state of Oregon completely disagrees with that statement. While citizens have the power of citizens arrest for crimes committed in their presence, the state says that private citizens do not have any duty to act and in fact, are mostly encouraged not to act, although they legally can. Police Officers specificly do have a duty act. Case law dictates that citizens actually have a duty to run, when possible, which has come up in many civil cases involving citizen use of force against criminals. Usually in situations off their personal property and where the citizen clearly had an avenue of escape but chose to stay and fight or make the citizen's arrest. But I'm kind of getting off topic.

Quote

The best advice I can give is if the officer says jump, then jump. Wait until later and there is lots of people around to deal with any out of line conduct. Most officers will demonstrate restraint but every once in awhile you can run into one that is out of line and does not like "Failure to mind", perceiving that as a threat to their authority. Challenges to that just escalate things, and one can end up with a night in jail. They will just make something up and make it stick, too.


I would agree and I personally would abide by this advise, but then I have a lot to lose if even by just being arrested and not convicted. I am required to have a perfect record for my line of work, so you will not see me giving any Officer a hard time about anything, no matter how much in the right I am. But others make a living or hobby doing this and thatÆs their right as an American citizen to point and record injustice.

Quote
As far as checking for illegals 50 miles from the border? I would like them to come and check around here, we are 1200+ miles from the border and there really isn't a shortage of them.....*EB


Nobody is more frustrated by the illegals than me. I see them everyday and I donÆt just mean I ôthinkö I see them. I know they are illegal by the nature of my job and I would love to see them be caught, arrested and deported and even more than that, the employers that knowingly hire them be fined or shutdown and the local governments that aid them and actively hinder their discovery and prosecution, be at the very least, denied any and all Federal funding as punishment.

But the fact is...and nobody has yet addressed thisà.how in the heck do they stop anyone on the side of the road in anywhere America and make them prove their citizenship, when there is no law or requirement that any of us have to have papers or any kind of proof of who we are other than a driverÆs license, and thatÆs only when we drive. Do you all see the problem here? Perhaps if some of us have relatives or friends of different colors and accents who are U.S. citizens, we might think differently, when they are stopped and questions by Federal Officials who had no right stop them.

I personally would have just said, ya IÆm a U.S. citizen and being white and speaking perfect english, I would very likely be on my way, without so much as showing my driverÆs license.

What if I had brown skin and had a broken accent, because my parents were Mexican immigrants who spoke mostly Spanish in the house, but I was naturally born and was just as much a U.S. Citizen as anyone else? What if I said I was a U.S. citizen and they didnÆt believe me?

You might say, well that wouldnÆt happen. Oh, really? If it did happen, I surely hope I donÆt have to explain whatÆs wrong with that situationàbut if it didnÆt happen, what the bloody hell is the point of the check point?

Again, why stop people and ask them questions they are not required to answer? And does anyone...I mean ANYONE...see the problem with the U.S. government's only purpose in the checkpoint to use intimidation to make people believe that they have less rights than they do?

And most importantlyà.if we are to let this standàwhat comes next? Are we all going to be required to carry our papers just to walk outside? Now combine such a ridiculous requirement with today's political correctness.

Instead of just questioning those of color or with accent, once it becomes a requirement, everyone who does not have their papers, will be at risk of detention to prove who they are. Probably no one more so, than white people just like many of you. Just like the TSA makes darn sure they target little old white ladys and 4 year girls as much as they target people who look like Arabs less they be accused of racism.

How ironic will be the day that as a white naturally born American with a perfect accent, that you will constanly have to prove who you are just to pass from one point to another within your own country, state or even city.

Is that really what you want?

You know what's most ironic? Until I watched that video and had something click in my head, I would have fully supported the idea of everyone one of us having a national ID, being required to carry it and being required to show it whenever asked by law enforcement. Interesting how a different point of view can you make you think differently.


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Re: Am I being Detained...Am I free to go [Re: Brian894X4] #886342 05/19/08 05:40 PM
Joined: Feb 2005
Posts: 1,511
ryany Offline
Body Damage is Cool
I've been through that checkpoint numerous times. It's currently located North of Ajo, AZ on Hwy 85 which is the primary route to the closest beach to Phoenix - Rocky Point, Mexico. It used to be about 25 miles North of the border on the same road.

I've often wondered about the legality of that checkpoint and a similar one on I-8 in the mountains outside San Diego that I've been through many times. It's the textbook definition of racial profiling - they look at the people in the vehicle, ask if you're American citizens, then wave you through. I'm guessing that if I looked hispanic there'd be additional questions beyond that. The stop takes about 5 seconds, but on a busy Sunday afternoon I've waited 30 minutes to get through because everyone else who went to Rocky Point for the weekend is returning at the same time. This is after having waited for 60-90 minutes to get through the Border Crossing station which is ridiculously undersized for the amount of traffic it sees. The whole process turns what should be a 4 hour trip into a 5 1/2 to 6 hour ordeal.

On one hand I can see the need for the checkpoint, since the Border Patrol can't get enough financial or political support to secure the border the way it should be. The additional checkpoint is just an inexpensive safety net to attempt to stop the illegals who found another way across the border.

On the other hand, the checkpoints are way too similar to something I think of as having been common in Russia or Nazi Germany. That's a direction I'd rather not see the United States going towards.

I think that the only way that these checkpoints are going away is if the border can be secured to the point that it renders them unnecessary, and that's a long way away, if it ever occurs at all.


95 Montero SR
3.8 MIVEC, Advance headers, 2 1/2" exhaust, Magnaflow muffler, OME shocks & rear springs, 2" body lift, 3" tank lift, 4.90s, TRE front locker, factory rear locker, Roger Brown Rock Sliderz, 315/75r16 (35") tires, Sport big brakes
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