mlts22 wrote:
First time I heard of this, but I was warned several times that I-10 is having random stop and searches of drivers going between San Antonio and El Paso with either drug dogs, or actively ripping a vehicle apart to look for controlled substances or firearms. Because this is considered a Border Patrol search, normal probable cause rules do not apply.
Is this yet another random "conspiracy" story that we read about all the time without any real merit or any concrete facts, or is this something to be concerned about on a trip to NM and back? I just want to fact check this early on.
I think the people who have replied so far missed your actual question. You are asking about more than just a border patrol checkpoint. I'm not in Texas so I've never heard of this. One thing I can tell you is the border exception for searches only applies at the border. One of the ways the Supreme Court has justified this is because it's considered a voluntary search. It's voluntary because everybody knows you'll be searched if you cross the border so if you don't want to be searched don't cross the border. It's the same theory as searches at the airport are voluntary. If you don't want to do it, don't fly.
Now before somebody tells me I'm wrong, we have to define search. Having a dog sniff the outside of your car is not a search that requires probable cause. Stopping you in looking inside your vehicle from the outside, is not a search that require probable cause. Going into your vehicle and "ripping it apart" to look for drugs or firearms is a search that would require probable cause or an exception such as while crossing the actual border.
So my guess is these searches you describe are not happening. If somebody has witnessed a vehicle on the side of the road being searched, then the officers or agents likely developed probable cause to conduct that search.