"...do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic..."

"For the good of the Air Force, for the good of the armed services and for the good of our country, I urge you to reject convention and careerism..."
- Secretary of Defense Robert Gates, Maxwell AFB, April 21, 2008

"You will need to challenge conventional wisdom and call things like you see them to subordinates and superiors alike."
- Secretary of Defense Robert Gates, United States Air Force Academy, March 4, 2011

Monday, September 8, 2014

How Long is Reasonably Necessary for a Suspicionless Stop?

Oh, about that long.  Less than twenty seconds.  Add maybe thirty seconds for the agent to ask, "can I see a passport" assuming the driver didn't have it ready (which I did after the thirty-four minute detention from six weeks prior).  Which is why court precedence gives them a couple of minutes, which make sense.

Notice my window was rolled down much less than the stop several weeks prior that formed the basis for my lawsuit.  And there were two people in the vehicle this time.  Somehow this agent was able to do his job despite these "unusual facts."  I mean, how many people do they encounter who pull up with their passport at the ready?  Very unusual.  How did this agent know what to do?

These guys are not making Boeing 747s.  When a non-Border Patrol agent, non-lawyer, motorist driving through knows the law governing these checkpoints from the past several decades, shouldn't they?

They should know their job, and when a couple of them, to include a supervisor with a great deal of time in the business, get it wrong and violate our Constitution, given the clear laws set by the judiciary, they need to be held to account.

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