"...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, March 10, 2015

Principal Protection Requires Principled Protection


"The principal protection of Fourth Amendment rights at checkpoints lies in appropriate limitations on the scope of the stop. See Terry v. Ohio, 392 U.S.; United States v. Brignoni-Ponce, 422 U.S... And our holding today is limited to the type of stops described in this opinion. "[A]ny further detention . . . must be based on consent or probable cause." United States v. Brignoni-Ponce."

- Martinez-Fuerte, Supreme Court of the United States, 1976


"We have already noted that the permissible duration of the stop is limited to the time reasonably necessary to complete a brief investigation of the matter within the scope of the stop.  The scope of an immigration stop is limited to...determining the citizenship status of persons passing through the checkpoint."

- Machuca-Barerra, Fifth Circuit Court of Appeals, 2001


"In United States v. Machuca-Barerra, we addressed those limitations in detail and noted that 'The scope of an immigration stop is limited to...determining the citizenship status of persons passing through the checkpoint...'  It bears repeating that the permissible duration of an immigration stop is the time reasonably necessary to determine the citizenship status of the persons stopped."

- Portillo-Aquirre, Fifth Circuit Court of Appeals, 2002


"We have not discovered nor been shown any authority supporting Rynearson’s claim that the constitutional rights he chose to stand on [the right to be detained only as long as is reasonably necessary to briefly investigate citizenship status] were clearly established."

- Richard Rynearson, Fifth Circuit Court of Appeals, 2015

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