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"We have held that checkpoint searches are constitutional only if justified by consent or probable cause to search... And our holding today is limited to the type of stops described in this opinion. Any further detention... must be based on consent or probable cause." -U.S. v Martinez-Fuerte
UPDATE 2/272017:This is an update to my 2015 article. This isn't just about cussing.
I've been to federal court on this issue and had a state police agency admit wrongdoing in writing and punish and retrain their officers because of 4th amendnent violations. I know what I am talking about.
So when others, in this case arrogant DHS feds, keep doing it with impunity and costing me and thousands of others tons of money, it gets very irritating.
When I began yelling at this jerk, two supervisors came rushing up, one recording the scene with a video camera attached to an extension pole. The other whipped out an index card and began robotically reading excerpts from a U.S. Supreme Court case. But what does that case actually say? You can read the important part below.
This video was originally embedded near the top of this article, but with so much confusion and ignorance of the fundamental issue here, it is very important for people to fully comprehend the legal and financial issues involved. So please read the explanation and legal case precedents, so that you understand and appreciate what is actually going on here. Thanks.
Hopefully President Trump's new Department of Transportation Secretary Elaine Chao and DHS Chief John Kelly are competent and decent enough to be aware of these issues and address the problem of admitted Constitutional violations and illegal interference with interstate commerce.
All The babies whining about how "rude" I was or complaining that cussing is inappropriate have no common sense or empathy, and actually this goon is lucky that someone only cussed at him, instead of exercising their rights as outlined by tbe Supreme Court in U.S. vs. John Bad Elk.
What do you do with a lawless, criminal rogue government with no chance of reform? Maybe it boils down to just cussing them out.
In a volatile exchange yesterday at an internal warrantless checkpoint in Laredo TX 30 miles north of the Mexico border, a truck driver got fed up with the constant, endless interuptions to the sleeping co-driver, which usually causes the freight to be delivered late because the co-driver has to begin their 10 hour rest period all over again if they come out of the sleeper berth - preventing them from driving the load to its destination as scheduled.
The Department of Homeland Security officer demanded that the sleeping co-drive wake up, and refused to give any probable cause for the detainment, other than a zombie-like repetition of the phrase "I'm not gonna argue with you."
This genuinely prompted the fed-up driver to unleash a profanity-laced tirade against the obnoxious agent, and demanded the officer's supervisor.
Two supervisors came rushing up, one recording the scene with a video camera attached to an extension pole.
Despite what the DHS supervisors later claimed, they are not allowed to intrude and question every person in a vehicle unless there is cause to do so. The paper that the supervisor was reading defended the right to conduct checkpoints. I was not disputing that point; I know that the existence of these check points has been upheld by the courts. What I said was the fact that there are checkpoints does not mean they can detain every person who goes through them when there is no probable cause.
There are very strict Hours of Service Rules imposed on truck drivers by the FMCSA (Federal Motor Carrier Safety Administration) as well as many Federal Government Commercial driver sleep studies outlining the grave danger of interrupted sleep. The feds point out that interrupted commercial driver sleep causes many deaths each year on the highways across America. FMCSA's Interruptions to your sleep, for example, states "Disruptions compromise both the quantity and quality of sleep and keep you from experiencing continuous, restorative sleep so necessary for performance, safety, and health."
One of the DHS supervisors even had the gall to make the insane claim that federal FMCSA rules were "state law," which prompted the shocked driver to repeatedly call him an idiot.
There are also countless court cases outlining 4th Amendment protections, regarding law enforcement's demand for ID.
As pointed out in our 2012 article Motorist puts police in their place at suspicionless internal checkpoint, [Also featured on PrisonPlanet.com],
"Upon questioning the supervisor briefly claimed he was detaining the man, but upon being asked what crime he was being accused of, the supervisor quickly did a 180 degree turnabout and admitted that the man was free to go "now that we know that you're a U.S. citizen." However, note that the man never once answered any questions or said that he was a U.S. citizen.
The reality is that Americans are not obligated to answer questions asked by border agents at suspcionless checkpoints regarding citizenship, "where they're headed", or anything else. Terry Bressi of CheckpointUSA.org recently won over $200,000 in a federal lawsuit from Homeland Security. [Be sure to check out his youtube channel]. Bressi points out on his blog that the border patrol themselves have answered questions in writing regarding internal checkpoints, and they admit the following:
"Q. 11. Am I required to answer the agent's questions at the checkpoint?"
A. "No person can be required to give evidence that incriminates themselves - that is a constitutional right. Neither can any public official compel or coerce such a statement if the person being questioned refuses to give one voluntarily..."
Bressi also notes
Referring back to the first question, the Border Patrol admits an agent must believe the individual being interrogated is unlawfully in the United States. While operating away from the border or its functional equivalent, merely being suspicious is not enough of a legal basis to further a detention or interrogation. In fact, at an internal checkpoint, the Supreme Court ruled agents MUST have probable cause or consent in order to extend the detention or to search. If an agent diverts a vehicle to secondary for further scrutiny after asking the immigration question, that represents an extended detention and must be premised on probable cause:
"Our prior cases have limited significantly the reach of this congressional authorization, requiring probable cause for any vehicle search in the interior and reasonable suspicion for inquiry stops by roving patrols. Our holding today, approving routine stops for brief questioning is confined to permanent checkpoints. We understand, of course, that neither longstanding congressional authorization nor widely prevailing practice justifies a constitutional violation" - U.S. v Martinez-Fuerte
"...We have held that checkpoint searches are constitutional only if justified by consent or probable cause to search....And our holding today is limited to the type of stops described in this opinion. Any further detention...must be based on consent or probable cause." - U.S. v Martinez-Fuerte
As outlined on DontWakeMeUp.org, in 2010, after two rogue Texas troopers illegally woke me up from the sleeper berth, I filed state and federal civil right complains. I had recorded both officers and the Texas Department of Public Safety
admitted wrongdoing in writing on behalf of the two officers only one month after an internal affairs complaint was filed against the officers in November 2010. The admission letter, dated December 20, 2010 and signed by Captain Kenneth Plunk of the Waco Commercial Vehicle Enforcement Division, stated that "corrective action was needed" against both officers and that "additional training has been taken." [Here is the postmarked envelope the letter came in.] The driver, Martin Hill, then filed a 42 U.S.C. Section 1983 Federal Civil Rights Lawsuit against the troopers for damages, permanent injunction, and to dissuade them from continuing this blatantly illegal practice. One of the internal police department documents which they were forced to release as a result of my lawsuit in initial disclosures revealed that the Texas Troopers officially admitted that "The passenger is under no obligation to comply with request" for ID.
In February of this year, a corrupt Georgia prosecutor dropped bogus 'obstruction of justice' charges against truck driver Kenny Cappell, after he had refused to show his ID to a rogue cop who had no probable cause to demand it after she had illegally woken him up out of the sleeper berth. [See Man Charged with 'Obstruction of Justice' in Georgia For Refusing Illegal ID Demand Wins, Has Criminal Case Dismissed By Witless Prosecutors (2/25/15).
James P. Lamb of The Small Business in Transportation Coalition ("SBTC") [smalltransportation.org], really went to bat for Kenny in this case. I highly recommend and fully endorse joining his organization SBTC, of which both I and Kenny are members. On 3/2/15 Lamb announced in an SBTC Press Release: 'SBTC's Police Misconduct Complaint results in Judge dismissing bogus "obstruction" charge against Trucker Kenneth Ahearn Capell.' [See SBTC's Linked In Post here.] See our article from 9/2/14 on Mr. Lamb here: Former DOT Motor Carrier Investigator/Federal Inspector Decries "Rouge Officers" Engaged In "Abuse of Power"
OverdriveOnline trucking magazine covered this story too, and my case as well: Driver cleared of obstruction charges after being woken up by police in the sleeper of team-driven truck (3/3/15) . [See also: Team Driver to Law Enforcement: Don't Wake Me Up.]
"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."
In September of last year, DHS agents at the Laredo Checkpoint arrested and imprisoned a truck driver for invoking his 5th Amendment rights, and even deleted all of his videos. However, the man had wisely backed up all his footage to dropbox, and then posted it for all the world to see. Despite his arrest no charges were ever filed.
[The following was added 2/27/2017:]
Here is the 'cussout' video from the notorious Laredo checkpoint. I hope everyone watching this comprehends that this isn't about merely 'cussing' or calling someone names, but rather a continued practice of blatantly admitted illegal, criminal behavior and constitutional abuses, abject tyranny, carried out by rogue, lawless government agents. I have cited all the legal admissions and Supreme Court precedents above.
Furthermore, he is illegally obstructing interstate commerce, which us a felony criminal offense. This costs the driver and shipper a lot of money and lost income. YOUR PACKAGE, which is important and you paid extra money to get there overnight, is LATE. Note that when he repeatedly claims that he can wake the sleeping co-driver, first of all that is not true. We have something called the 4th Amendment. Plus, under federal FMCSA rules, if the sleeping driver's 10-hour break is disrupted, they must legally start the 10-hour break all over again. The load is now very late if not lost entirely.
If any retards still don't comprehend what is going on here, let me explain it again in 2nd grade language.
Let's say that UPS, or FedEx, or Avon, or Amazon hires a trucking company to haul freight from point A to point B. The shipper needs it there FAST, straight through. Let's say from New Jersey to Los Angeles. The shipper therefore hires a "TEAM" Operation, which is comprised of two drivers. The sole purpose of a team trucking operation is so that the freight gets to its' destination (called the consignee ) rapidly, within an allotted period of time, with no stops. For a 3,000 mile trip that would be less than 3 days, or three shifts each for each of the two drivers.
So for example if I have conpleted my federally mandatory 10-hour sleep break, I can now drive to the shipper and pick up my load. I conplete my federally mandatory "pre-trip inspection" of the truck, trailer and load, and leave New Jersey at 9am on Monday morning. The clock starts.
I drive a maximum of 11 hours during my maximum 14-hour shift (with the mandatory half-hour break prior to 8 hours into the shift.) This 14-hour countdown begins the moment you start your shift, and includes fuel stops, meal and restroom breaks, weigh stations, toll plazas, etc.
So let's say you are able to drive 600 miles during that time, and now it's your partners turn to drive. No, you don't stop at a hotel for 15 hours sleep or go to the beach. You're working, remember? THE TRUCK MUST KEEP MOVING, AND NOT STOP, THAT'S WHAT A TEAM MEANS.
Now if some piece of shit criminal like the scumbag filth in the video below stops and detains you illegally during this run, and he disrupts the sleeping driver's 10 hour FEDERALLY MANDATED sleep break, GUESS WHAT? That person who needed to start driving now CAN NOT DRIVE. They must start their 10-hour break all over again.
This would be the literal equivalent of an armed federal agent coming to your house and holding you at gunpoint and telling you that you can't go to work in the morning. You can't make money that day. For no reason other than "he can." By the way, at $1.20 per mile after expenses this would cost the detained driver over $600 in lost income.
How many times do I have to explain this? FURTHERMORE, did you know (of course you don"t,) that violating your hours of service sleep time or driving fatigued is considered by the Feds to be a more serious violation, and accrues more penalty CSA points than even having alcohol or drugs in your truck? (which in case you didn't know it, is forbidden by federal law.)
So you see, yes, the federal government with all their rules takes sleep VERY GRAVELY SERIOUSLY.
What this half-wit border agent did below in the video is a felony, is forbidden by the border patrol's own written policy itself, and violated the U.S. Supreme Court ruling in U.S. vs. Martinez-Fuerte.
Be sure to visit the new LibertyFight.com Trucking Section, a lot of good info there.
Here is an older video referred to above which was featured on PrisonPlanet.com:
This next one was featured on TargetLiberty.con: Motorist Tells Checkpoint Cop: "You're A Degenerate, Disgrace to America"
Martin Hill writes:
"This 5 minute video shows DHS agents at a warrantless checkpoint in Laredo, TX flagrantly violate the 4th Amendment detaining a driver without cause simply because he refuses to wake up his sleeping passenger. The U.S. Border Patrol has also admitted in writing that mtorists aren't obligated to answer questions, & refusal to do so does in no way equate to probable cause to detain.
The U.S. Supreme Court ruled "...We have held that checkpoint searches are constitutional only if justified by consent or probable cause to search….And our holding today is limited to the type of stops described in this opinion. -Any further detention…must be based on consent or probable cause." – U.S. v Martinez-Fuerte. DontWakeMeUp.org
See also: Cop at Suspicionless Checkpoint Starts Barking Orders, But Then Flees from Camera (4/17/13)
[Featured on LewRockwell.com and
Checkpoint Cop Offended When I Yell At Him About 4th Amendment (Article & Video) 7/8/14
Department of Homeland Security Calls Trucker's Employer to Tattle That He Won't Wake Up Sleeping Co-Driver (!) 8/1/14 You can't make this stuff up.
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Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, TargetLiberty.com, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, AmericanFreePress.net, RomanCatholicReport.com, WorldNetDaily, HenryMakow.com, OverdriveOnline.com, Educate-Yourself.org, TexeMarrs.com, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, Pasadena Weekly, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, SaveTheMales.ca, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, FromTheTrenchesWorldReport.com, BeforeItsNews.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.
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