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The Water Cooler
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Disabled American vet arrested in Muskogee walmart.
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<blockquote data-quote="dennishoddy" data-source="post: 3191178" data-attributes="member: 5412"><p>Yes, Tx Supreme Court, and only for “safety checkpoints” that are veiled dui focused as I understand it. The immigration checkpoints are still allowed, but have issues as well. </p><p></p><p>Denise Gilman, co-director of the immigration clinic at the University of Texas School of Law, says that Border Patrol agents at internal checkpoints are allowed to ask motorists basic questions about citizenship, identity and travel itinerary, but they cannot detain you or search your vehicle without probable cause. Your refusal to answer questions would not provide probable cause to allow for such a detention or search, she added.</p><p></p><p>“So, if you refuse to answer, they can pull you out of the line and over into ‘secondary inspection’ and they can probably hold you there for about 20 minutes or so,” she said. “But they cannot do anything more if you continue to refuse to respond unless something else develops during that time period that would lead to probable cause.”</p><p></p><p>More than one motorist in the video declined to pull over into secondary inspection, yet they were allowed to go on their way without incident.</p><p></p><p>“I don’t know of any case where the person has refused to go into secondary inspection as in the YouTube video,” says Barbara Hines, a clinical professor of law at UT who co-directs the immigration clinic with Gilman. “But it is a very interesting civil disobedience idea. Because in order to arrest the person, the Border Patrol, again, would need probable cause.”</p><p></p><p><a href="https://www.texasobserver.org/border-patrol-takes-no-for-an-answer-at-internal-checkpoints/amp/" target="_blank">https://www.texasobserver.org/border-patrol-takes-no-for-an-answer-at-internal-checkpoints/amp/</a></p></blockquote><p></p>
[QUOTE="dennishoddy, post: 3191178, member: 5412"] Yes, Tx Supreme Court, and only for “safety checkpoints” that are veiled dui focused as I understand it. The immigration checkpoints are still allowed, but have issues as well. Denise Gilman, co-director of the immigration clinic at the University of Texas School of Law, says that Border Patrol agents at internal checkpoints are allowed to ask motorists basic questions about citizenship, identity and travel itinerary, but they cannot detain you or search your vehicle without probable cause. Your refusal to answer questions would not provide probable cause to allow for such a detention or search, she added. “So, if you refuse to answer, they can pull you out of the line and over into ‘secondary inspection’ and they can probably hold you there for about 20 minutes or so,” she said. “But they cannot do anything more if you continue to refuse to respond unless something else develops during that time period that would lead to probable cause.” More than one motorist in the video declined to pull over into secondary inspection, yet they were allowed to go on their way without incident. “I don’t know of any case where the person has refused to go into secondary inspection as in the YouTube video,” says Barbara Hines, a clinical professor of law at UT who co-directs the immigration clinic with Gilman. “But it is a very interesting civil disobedience idea. Because in order to arrest the person, the Border Patrol, again, would need probable cause.” [URL]https://www.texasobserver.org/border-patrol-takes-no-for-an-answer-at-internal-checkpoints/amp/[/URL] [/QUOTE]
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