"...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

Tuesday, January 6, 2015

Suspicionless Border Patrol Checkpoint Detains American for 19 Days

I used to think I might be a contender for length of detention with my thirty-four minute unlawful detention at the hands of the federal government without any suspicion of any wrongdoing.  However, my thirty-four minutes pales in comparison to the experience of Greg Rosenberg, who was detained for nineteen days and then released without charge.

Keep in mind these interior suspicionless checkpoint stops are required by our Supreme Court and lower courts, to be "brief" unless there is probable cause for a crime or consent to extend the detention.

Rosenberg exercised his rights not to answer questions or cooperate as opposed to my case, where I cooperated with the purpose of the immigration stop and yet was still detained for a lengthy time and harassed at my place of employment.

The result, however, was the same.  Lengthy detention that is not brief and is not limited to the scope of the stop.  It doesn't matter if you cooperate with immigration inspection or not.  Case law doesn't matter.  The Constitution doesn't matter.  The Border Patrol lawlessly terrorizes innocent American citizens inside our own country.  Rosenberg, fortunately, has filed suit and I will be sure to help his efforts out.  This is a problem that must be corrected, and it needs to be corrected by our judiciary which has made itself clear on what is appropriate at these checkpoints.

Hopefully our judiciary will put its foot down, demand that its case law be followed, and hold the executive branch to account when it repeatedly thumbs its nose at our third branch of government.

That last branch of government needs to stop being bullied by the executive branch.  Enough is enough.

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