Category Archives: Immigration checkpoints

WBUR: Broad Jurisdiction Of U.S. Border Patrol Raises Concerns About Racial Profiling

WBUR: Broad Jurisdiction Of U.S. Border Patrol Raises Concerns About Racial Profiling by Kathleen Masterson: Within 100 miles of the border and the coastline, Border Patrol agents have broad authority to stop cars and people for immigration questions. For example, … Continue reading

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The Hill: ACLU sues Homeland Security, Customs over ID check on domestic flight

The Hill: ACLU sues Homeland Security, Customs over ID check on domestic flight by Lydia Wheeler:

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CA5: Thumping a spare tire on PC wasn’t an unreasonable search

“Here, the agent articulated several observations which, based on his eight years of experience at this [immigration] checkpoint, indicated that the truck’s spare tire contained contraband. Viewing this testimony in the light most favorable to the Government, and giving due … Continue reading

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D.Minn.: The gov’t cites a three-way circuit split on standing in a rental car; the circuit authority controls

Defendant was driving a rental car with permission of the renter, and that gives him standing in this circuit. There is a three way circuit split, and this court can’t resolve that. United States v. Bettis, 2017 U.S. Dist. LEXIS … Continue reading

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S.D.Tex.: Border Patrol had RS two vehicles were traveling in tandem during midnight border crossing

The Border Patrol officer had reasonable suspicion to stop defendant’s vehicle for transporting persons across the border in the trunk. Defendant got past the checkpoint, but another officer’s suspicions of a following car were heightened. After two were found in … Continue reading

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MI: Unreasonable mistake of law voids search

Defendant’s arrest was without probable cause for violating a no trespassing ordinance. It was a public place, open for business, defendant briefly entered and did nothing wrong. The search incident to the arrest thus fails too. Mistake of law as … Continue reading

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S.D.Tex.: Immigration stop was extended with RS

Extending an immigration stop: “The Court finds that Agent Gonzalez’s questions related to Garcia’s citizenship, documents proving citizenship, and his travel plans and thus were within the scope of an immigration stop. Further, the Court finds that the questioning was … Continue reading

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To what degree is RS near the border delegated to the Border Patrol?

On the totality of circumstances, there was reasonable suspicion. “Keeping in mind that border patrol agents, not courts, are trained to detect smugglers, and ‘[t]he facts are to be interpreted in light of a trained officer’s experience,’ United States v. … Continue reading

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D.Ariz.: Immigration checkpoint stop can be enlarged because of smell of marijuana

During an immigration checkpoint on a state highway in Arizona, the smell of marijuana coming from the car allowed the stop to go longer under Rodriguez. “Ruiz-Hernandez has not pointed to any authority, in any context, where law enforcement is … Continue reading

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S.D.Tex.: RS developed during immigration checkpoint stop of U.S. citizens

Defendants were U.S. citizens and had already crossed the border. The car had Louisiana plates. They were stopped at the Falfurrias Border Patrol checkpoint and citizenship was quickly resolved, but reasonable suspicion developed for the car to be referred to … Continue reading

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