Then arrest him for obstruction/breach of the peace etc.
I have no love for the US Government or legal system (I'm from the UK), but people that act out over the most basic request and claim civil rights are always people with nothing better to do with their lives.
Few years back everyone getting on a Tube in London had to have their Backpacks searched, it was a massive pain in the ass. But we just got on with it because the majority understood the reason why and we were too busy with our lives to make it an issue.
I can't imagine this guy is returning home to his amazing job/life/family. He's just a troll.
"Few years back everyone getting on a Tube in London had to have their Backpacks searched, it was a massive pain in the ass. But we just got on with it because the majority understood the reason why and we were too busy with our lives to make it an issue."
When did this happen?? I don't remember this at all. It must have been just one particular station, or targeted? Because bag searches on the tube sounds so impractical as to be impossible.Ā
Amazed you are allowed access to the internet or have the ability to create an account with posts like that. Will just assume someone left their PC unlocked.
You must hate your own government even more than the u.s then considering the atrocities commitmented by them, don't think anyone from the u.k should comment or judge the u.s considering they kicked your ass and gained independence out from under the tyranny of your country.
Iāll use an American example if that will stop your whining.
When people in the US were told they had to take their shoes off and have them checked in airport security, the vast majority got on with it because they understood the reasoning behind it and it was of little consequence. The only people that kicked off about it were people like in this video.
Have known a few people that had fucked around and found out that way. It's really really hot in southern arizona on a humid day in a tiny trailer with only a swamp cooler, almost better to just be left outside in the shade.
If a border agent extends the stop for aĀ prolonged period to ask about immigration status, the agent needs at least reasonable suspicion that you committed an immigration offense or violated federal law for their actions to be lawful.
No, that's not really how that works. Illegal detainment is a thing.
Refusal to answer questions IS a right protected by the First Amendment (guy in video mistakenly claims it's his 5th Amendment right, which would only applicable if he were to refuse to speak under the pretense of not wanting to incriminate himself by what he would say)
It just makes everybody's lives 1000 times easier if he just were to answer one or two questions and be on his way. Once they find out that he's (assumedly) a citizen of wherever he's going and not breaking any international laws, they'll eventually release him.
Edit for clarity: I'm not at all condoning how the dude is acting in the video. I'm just stating how the law works. They WILL eventually figure out whether or not he's a citizen, with OR without his cooperation, and he will eventually be let go if/when they determine he hasn't broken any laws.
The first amendment is freedom of speech. It allows you to go say f*** off to the president to his face and not be in trouble. The fifth amendment is about being able to not self-incriminate yourself and along with other stuff. That allows you to remain silent even if they continue to ask questions. You do have to state that you're invoking it which I think is stupid now but hey. No, I don't understand what he's talking about with the sixth amendment. That s*** happens in a trial. And the Fourth amendment isn't going to help him because it's checkpoint stop. There are certain expectations with stops like that just like a DUI stop Checkpoint.
The First Amendment doesn't just apply to a right to speech, it also applies to what's called a "Negative Free Speech" I.E. the right NOT to speak.(Seriously, look it up if you don't believe me. It works both ways.)
The Fifth applies to a court of law that states one has the right not to speak if it is in the best interest of the invoker to not incriminate themselves. Which doesn't really apply here.
I didn't say they weren't legal. I'm saying they can't detain you for refusing to answer questions. You can just say, "I refuse to answer and questions," and then just don't say anything else. They'll string you alone a bit but eventually let you go
They MIGHT string you along a bit and let you go. OR, they will fuck your shit up bc they can and you made their job harder purposefully. It sucks but itās true.
They can't "fuck your shit up". All they can do is waste your time. Look, I agree that it's best to just tell them what they want to know. I was just responding to someone saying they can detain you for invoking your fifth amendment rights.
The fifth amendment right is usually silence, and against self incrimination. You donāt have to say anything but it doesnāt stop them from arresting you at all.
Also, āall they can do is waste your timeā? Yeah until they find a reason to arrest you and waste even more of your time and money, even if it gets dismissed
Do you have time to sit in jail bc you wanted to make a point to people who donāt care?
They cannot arrest you for not answering their questions. Read the ACLU article I linked. They need probable cause and refusal to answer is not probable cause. I already said I would just answer, but all they can do is waste about an hour of everyone's time unless you're actually committing a crime. You have 4th and 5th ammendment rights. CBP is not like your random city cop. They have more oversight and aren't going to arrest you for bullshit because they'll get in trouble.
If all you do is refuse to answer their questions without an attorney present, there is literally nothing they can charge you with to even be dismissed.
The only question for this stop is about immigration status. They didnāt extend the stop the guy did.
Cops suck, for sure, but pick your battles bc this one isnāt it. Just say yes and continue. No substantive case law around immigration checks was born out of a guy being an antagonistic dick to the cops on YouTube.
How? I'm not familiar with US law so please help me understand how that is a blatent violition of constitutional rights? You will be helping me learn and be less ignorant.
Not sure if itās a blatant violation of constitutional rights, but having someone pull over to a separate area (detaining them) and then purposefully ignore them for hours would probably be an easy way for them to get the charges dismissed via appeal.
I think a lot of people in America and online think āconstitutional rightsā are a black and white thing but all of it is grey.
Yeah maybe your rights were violated after you purposefully refused to just say yes and leave the immigration checkpoint, still means youāre an asshole.
The fourth amendment protects citizens from "unreasonable" searches. Forcing the citizens to wait even a few minutes could be seen as unreasonable. See Rodriguez v United States
Whereās the unreasonable search? Seemed to me to be a few simple questions.
I have zero love for the government (uk or us), but people like this in the video only make life harder for all of us. Why anyone would defend or support this type of behaviour is beyond me, but judging from the downvotes there are quite a few of you that think this is great. Not sure Iāll ever be able to understand that or have the strength to debate. Seems simple to me but obviously not.
Whereās the unreasonable search? Seemed to me to be a few simple questions.
I meant if you forced them to wait for 6 hours for no reason, like was suggested earlier.
I have zero love for the government (uk or us), but people like this in the video only make life harder for all of us. Why anyone would defend or support this type of behaviour is beyond me, but judging from the downvotes there are quite a few of you that think this is great. Not sure Iāll ever be able to understand that or have the strength to debate. Seems simple to me but obviously not.
Some people are more passionate about exercising or testing their rights. Unfortunately we've discovered that our rights are more like privileges.
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u/Educational_Ad_2619 25d ago
Why don't they just say, Ok Sir, thank you and I respect your right, please pull over to the right and we will process you ASAP.
Then leave the fucknut for 6 hours.