Category Archives: Immigration checkpoints

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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TN: Off-duty police officer was citizen informant on DUI call

An off-duty police officer saw defendant appeared drunk in her car in a Sonic parking lot and called it in. He was a citizen informant. State v. Irwin, 2016 Tenn. Crim. App. LEXIS 841 (Nov. 8, 2016). The search of … Continue reading

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S.D.Cal.: Admission of MJ in the trunk was PC; officer didn’t have to check on MMJ prescription

An admission defendant had marijuana in the trunk didn’t require the officer to check into whether defendant had a prescription for it. United States v. Robbins, 2016 U.S. Dist. LEXIS 153558 (S.D.Cal. Nov. 3, 2016). Defense counsel did, in fact, … Continue reading

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CA9: Defense entitled to discovery on whether San Clemente immigration checkpoint also now a general crime control checkpoint

Defendant sought discovery to show that the San Clemente immigration checkpoint on I-5, sustained 40 years ago in Martinez-Fuerte, had also become a general crime control checkpoint, and the district court denied it. The Court of Appeals held that Rule … Continue reading

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CA5: Def consented after drug dog didn’t alert, and it was valid

Defendant was stopped at an immigration checkpoint at Laredo, saying he was going to San Antonio. The officer found the story dubious, ran the paperwork in seconds, and then got a drug dog which did not alert. Then defendant consented … Continue reading

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The Texas Tribune: What Are Your Rights at U.S.-Mexico Border Patrol Checkpoints?

The Texas Tribune: What Are Your Rights at U.S.-Mexico Border Patrol Checkpoints? by Julián Aguilar: Under federal law, checkpoints are legal. But officers do have limits in what they can ask you.

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FoxNews: Border Patrol’s website offers advice on eluding … Border Patrol

FoxNews: Border Patrol’s website offers advice on eluding … Border Patrol:

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CA2: Avoiding a checkpoint was not RS, but the rest of defs’ minor activity was

Defendants were in an SUV that crested a hill and saw a Border Patrol immigration checkpoint on State Route 11 near the Canadian border in Northern New York, and it abruptly turned into an unmanned vegetable stand at 8 am. … Continue reading

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