imported post
Jared wrote:
I'm not supporting the checkpoints but this is off topic and has nothing to do with open carry and the BP isn't there to take your guns away.
Of course they aren't but a BP checkpoint inside the borders of the US is just one more way of evolving into a police state.
And these patrols are an illegal stop and seizure of your persons and your vehicle. You do not have to answer any of their questions, and if they detain you because of that it is illegal and a violation of your
constitutional rights. Now that is what this website boils down to in the end. Your rights and making sure they are protected and not taken away.
It states in the border patrols own field manual that they may not detain any persons without
RAS that the persons is an illegal alien. Again refusing to answer there questions does not provide that RAS.
And you want to bring up US vs Martinez-Fuerte... than here is a quote
"It is agreed that checkpoint stops are "seizures" within the meaning of the Fourth Amendment. The defendants contend primarily that the routine stopping of vehicles at a checkpoint is invalid because
Brignoni-Ponce must be read as proscribing any stops in the absence of reasonable suspicion. Sifuentes alternatively contends in No. 75-5387 that routine checkpoint stops are permissible only when the practice has the advance judicial authorization of a warrant."
This issue has nothing to do with firearms, it has to do with every americans constitutional freedoms being breached.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated," no need to name source
"The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit at will, but a common right which he has under the right to life, liberty, and the pursuit of happiness."
Thompson v.
Smith, 154 SE 179.