{"id":6474,"date":"2012-06-23T11:04:48","date_gmt":"2011-12-29T00:10:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-12-28T20:47:33","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6474","title":{"rendered":"CA9: Stop at San Clemente permanent checkpoint is quite limited"},"content":{"rendered":"<p>\u201cA stop at a permanent immigration checkpoint, like the San Clemente checkpoint, is constitutional as long as the detention is limited to a few brief questions about immigration and the production of immigration documents. United States v. Preciado-Robles, 964 F.2d 882, 884 (9th Cir. 1992) (citing United States v. Martinez-Fuerte, 428 U.S. 543, 558, 96 S. Ct. 3074, 49 L. Ed. 2d 1116 (1976)). Whether or not the Border Patrol agent in this case impermissibly extended the immigration stop, the search of Ortiz-Flores\u2019s backpack and the search of his person must be justified by consent or probable cause. Martinez-Fuerte, 428 U.S. at 566-67.\u201d Here there was neither, and the motion to suppress should have been granted.  <a href=\"http:\/\/www.ca9.uscourts.gov\/datastore\/memoranda\/2011\/12\/21\/11-50095.pdf\">United States v. Ortiz-Flores<\/a>, 462 Fed. Appx. 759 (9th Cir. 2011).*<\/p>\n<p>Defendant\u2019s claim in his \u00a7 2255 that the DVD of his traffic stop was edited to remove exculpatory evidence fails for lack of any factual support. Even so it fails on the merits. Thomas v. United States, 2011 U.S. Dist. LEXIS 147971 (M.D. Tenn. December 23, 2011).*<\/p>\n<p>\u201cMr. Dutton, a military veteran, has been preparing for the economic collapse of the world.\u201d He freely talked with his ex-wife\u2019s boyfriend about manufacturing explosives and arming grenades when their daughter was exchanged for visitation. His information to the police was enough for probable cause for manufacturing a destructive device. United States v. Dutton, 2011 U.S. Dist. LEXIS 147928 (D. Kan. December 23, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6474\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6474","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6474","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6474"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6474\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6474"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6474"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6474"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}