Stop and searches on I-10?

I don't know anyone that has had an unsatisfactory encounter near the border on I8 or I10. I just hope the searches are legitimate. Too many crooks posing as cops, border patrol, homeland security, dea, etc.

I was not going to comment. I am former Border Patrol, now retired.

But solsprack has it correct.

There has never been more than one checkpoint along I-10 in Texas that had the functional equivalency of a border crossing checkpoint. And that was the I-10 checkpoint at Sierra Blanca, Texas, east of El Paso.

Functional equivalency means that through pattern/practice of the Border Patrol, traffic surveys and court cases, the checkpoint at Sierra Blanca has demonstrated the percentage of its vehicle traffic that comes directly from Mexico, in this case. Through such a long time period as it has been in existence, Sierra Blanca, through the aforementioned facts, has demonstrated it is in fact exactly in the same situation as any of the river crossing ports of entry at say El Paso or McAllen, etc.

So that gives Sierra Blanca the search authority for vehicles.

BUT, there are no other locations in Texas along I-10 that have such authority.

Repeat, there are no other checkpoint locations along I-10 in Texas that have such blanket authority to search vehicles.

So if one does encounter such a checkpoint at some other location along I-10, then those authorities at that location MUST have indisputable facts BEFORE they can search your vehicle. Things such as the building blocks of law enforcement work, reasonable suspicion leading to probable cause. A drug dog alerting on your vehicle would be one of those facts. There are many more that could be used. These facts are ascertained by the trained observers most all professional law enforcement officers need to become. Things that most in the general population never see or notice are caught by these officers. Meaning things such as eye contact, occupants behavior, things most do not see, but as a law enforcement officer, things that set off alerts to odd, possibly criminal behavior of some sort.

So indeed, know your rights. Know what the Constitution offers you in protection.

But also know these same officers have rules they also must follow.

joshuajim wrote:
If you really want to waive all your rights, then just enter a military base. MP's can stop you without cause and totally search your vehicle without cause.

With my wife being a retired Navy CAPT, that doesn't bother me at all.

This is the price for freedom. I am retired USAF.

This isn't meant to be an attack on anyone here, but this has to be said.

Some previous posts here are just shameful. There are people on this forum who have served honorably. A lot have sworn an oath to uphold the Constitution against all enemies. However, when it is time to preserve the Fourth Amendment, they break that oath and waive that right on the spot.

If someone wants to search my vehicle, they are either going to go through procedure with at least trying to make the dog alert, or they will find another person who will hand over their Constitutional rights on command. Yes, it causes delays and makes it hard on myself, but someone has to stand for the Constitution somewhere, even if it means actually having the cajones saying "no" to someone demanding access to something they have no right to.

Now, access to a military base is another animal entirely, because that is part of the implied contract of entering. But, stop and searches on an interstate so the local LEOs there can play the lottery and perhaps score a seized vehicle or two is totally different.

pronstar wrote:
...
What's the real purpose of these "border patrol checkpoints", ...

Judging from the GM images of the Texas I10 checkpoint, I'd say they are looking more for goods (drugs, other smuggled products) more so than for people. It is set up more to process trucks than cars.

But here is the CBP explanation of the San Clemente station (on I5)
http://www.cbp.gov/xp/cgov/border_security/border_patrol/border_patrol_sectors/sandiego_sector_ca/stations/sandiego_sanclemente.xml

If you really want to waive all your rights, then just enter a military base. MP's can stop you without cause and totally search your vehicle without cause.

With my wife being a retired Navy CAPT, that doesn't bother me at all.

Here's my CA perspective:

We let these folks in freely across a porous border.
And we don't deport these folks when they commit crimes.

I guess my question is:
What's the real purpose of these "border patrol checkpoints", especially in CA?

msmith1199 wrote:

darsben wrote:

msmith1199 wrote:

Francesca Knowles wrote:

darsben wrote:
Stops are also a fact of life along the Canadian border.
I appreciate that the Border patrol is keeping illegals out. What upsets me is that the stops are also used to check for other things. Tax free cigarettes,etc.

Tax free cigarettes are smuggled contraband, and a federal as well as a State matter since part of the unpaid taxes are due the Feds. Looking for smugglers of such goods is one of the direct responsibilities of the Border Patrol.

Correct. The Border Patrol in fact has a larger role than just illegal immigration. Smuggling of anything across the border is also part of their mission.

By tax free I mean bought at an American indian reservation. If they were smuggled goods then fine border patrol arrest the smuggler. But no these are bought in the U.S on the reservation. Border patrol routinely radios the state police who stop the person a few miles down the road and affect an arrest because they do not have a NEW YORK STATE TAX stamp. The cigarettes are made in the U.S.A.. This is not the border patrols function to rat out citizens for any little infraction of law.

I'm not all that familiar with cigarette taxes, but I do know cigarettes are smuggled quite often. And often it's just to avoid the taxes. If you buy them on the Indian reservation are you supposed to be taking them off the reservation? I know you can go on Indian reservations and buy some really good fireworks, but take them off the reservation and you may be in trouble.

I think it's little understood that the various incorporated U.S. American Tribes are themselves Sovereign Nations, and while they're inside the boundaries of the U.S.A., they have their own Governments/tax structures etc. Charging/collecting taxes for other jurisdictions (Feds, States) is entirely voluntary on their part....but that's not to say that it's legal to bring such untaxed goods into "the U.S.A." without paying those taxes. Bringing untaxed goods across those borders is exactly the same thing as smuggling things across any other border and subject to the same penalties if discovered.

mlts22 wrote:
... but the time taken for the BP to search every vehicle, which can add hours to a trip.

But wouldn't that kind of search produce long backups that would make the news (as opposed to rumors)?

https://maps.google.com/maps?q=Sierra+Blanca,+TX&hl=en&ll=31.19577,-105.443645&spn=0.018392,0.03592&sll=31.278551,-104.644775&sspn=4.703072,9.195557&oq=sier&hnear=Sierra+Blanca,+Hudspeth,+Texas&t=h&z=15&layer=c&cbll=31.195691,-105.443384&panoid=nxDxgdgxIM5SuElKtdRNWQ&cbp=12,124.54,,0,-13.44
This streetview image shows a long line, mainly of trucks, at the permanent inspection station, east bound, west of Sierra Blanca, TX. To the west I10 runs close to the border. To the east it is well away.

https://maps.google.com/maps?q=Sierra+Blanca,+TX&hl=en&ll=31.191887,-105.43165&spn=0.002317,0.00449&sll=31.278551,-104.644775&sspn=4.703072,9.195557&oq=sier&hnear=Sierra+Blanca,+Hudspeth,+Texas&t=h&z=18&layer=c&cbll=31.191728,-105.431291&panoid=DEAT3Ce0kneXQ3BiBuFFbA&cbp=12,122.91,,0,-0.11

Cars are diverted into the checkpoint further up. The line is much shorter.


http://en.wikipedia.org/wiki/United_States_Border_Patrol_Interior_Checkpoints
This article lists only one permanent checkpoint on I10. It also quotes the court ruling pertaining to such checkpoints.

For me, it is nothing to worry about, but I just didn't know it was true that there were checkpoints for stop/searches at points other than the US borders. Good info by previous posters.

I'm not worried about the searches, but the time taken for the BP to search every vehicle, which can add hours to a trip.