Rancher +Militia vs BLM,trouble on the range.(OT)

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zBrown

Ice climber
Brujo de la Playa
Apr 30, 2014 - 07:41pm PT
The checkpoint compilation is great, but this is my favorite.

[Click to View YouTube Video]


I had been driving out to the southern terminus of the Pacific Crest Trail at the border and went through a number of times. Never had any problems, but I wondered just what might happen if you don't want to participate.

Look around for the window smashing video if you're really curious about how far these guys will go.

However, if you're not interested in a confrontation and it's night, just dim your headlights (I shut mine off) like the sign says and you'll just be waved right on through, no questions asked. I'm guessing that this strategy only works if you're are (and look) white.



TradEddie

Trad climber
Philadelphia, PA
Apr 30, 2014 - 08:24pm PT
The guys in that video were very simple. They refused to talk and in at least one case, refused a request to search.

They didn't get in the way of any important police duties, and it is interesting how they eventually were allowed to go on their way. Apparently their supervisors have seen this before and have been briefed on how to react.

The INS officers realize that no genuine smuggler would risk behaving like that, so they know it's not worth their effort to pursue the point. It doesn't prove that the stops, or even such searches without consent would be illegal. Courts have held that they are legal and unless and until someone is rich enough or desperate enough to go all the way to the supreme court about it, they are, by definition, constitutional.

Reminds me of when we'd drive around with four near-catatonic drunks and a stone sober driver, trying to get stopped and breathalyzed just for kicks. It simply didn't matter how outrageously the passengers behaved at the checkpoint, the cops would just smile and wave us on - we weren't as original as we thought.

TE

zBrown

Ice climber
Brujo de la Playa
Apr 30, 2014 - 08:39pm PT
The courts have held them to be legal under a very specifically defined set of cirucmstances.

Well, as specific as it gets in the legal world.



HighTraverse

Trad climber
Bay Area
Apr 30, 2014 - 09:33pm PT
A recent US Supreme Court ruling regarding checkpoint type stops
Brendlin V California, 2007. Opinion written by Souter

The pertinent bit. Underscores are mine
The law is settled that in Fourth Amendment terms a traffic stop entails a seizure of the driver “even though the purpose of the stop is limited and the resulting detention quite brief.” Delaware v. Prouse, 440 U. S. 648, 653 (1979) ; see also Whren v. United States, 517 U. S. 806, 809–810 (1996) . And although we have not, until today, squarely answered the question whether a passenger is also seized, we have said over and over in dicta that during a traffic stop an officer seizes everyone in the vehicle, not just the driver. See, e.g., Prouse, supra, at 653 (“[S]topping an automobile and detaining its occupants constitute a ‘seizure’ within the meaning of [the Fourth and Fourteenth] Amendments”); Colorado v. Bannister, 449 U. S. 1, 4, n. 3 (1980)
The question in this case was if a passenger could claim 4th Amendment violation in a traffic stop.
The ruling was yes.

Delaware V Prouse, 1979. Opinion by White, dissent by Rehnquist (of course).
Except where there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver's license and the registration of the automobile are unreasonable under the Fourth Amendment.
The cops can't stop you unless they have good reason to believe you're violating the law OR you are subject to seizure (driver looks like he's 10 years old, prison escapee, parole violation, unpaid cattle grazing fees). And passengers have the same protection.
blahblah

Gym climber
Boulder
Apr 30, 2014 - 09:37pm PT
Courts have held that they are legal and unless and until someone is rich enough or desperate enough to go all the way to the supreme court about it, they are, by definition, constitutional.

Just curious what "definition" you are using.
If there is binding precedent (an appellate decision) in any particular jurisdiction, then I agree with you that, unless and until that precedent is overruled, they are constitutional. At least as to a case that cannot be meaningfully distinguished from whatever appellate decisions may exist.

I'm not sure what you meant by "definition," but if you believe that stops are constitutional just because the cops have got away with it so far, I disagree.

(Not that it matters, but my general understanding is that general cop stops for border patrol and even more ridiculous things such as drivers license checkpoints have been upheld--that's not based on real legal research (reviewing cases or reputable primary sources), just the usual crap I see on the Internet of the type we all read.)

HT--didn't see your post when I wrote mine.
I haven't carefully read all of the above posts, so it's possible I'm misunderstanding whatever points people are making, in which case I'll be embarrassed!
But do keep in mind that things like DUI checkpoints have in fact been upheld by the USSC, which means the cops have the right to at least temporarily detain you for the purpose of determining if you are subject to arrest for whatever the purpose of the detention is (or anything else you're doing wrong that is in plain view).
HighTraverse

Trad climber
Bay Area
Apr 30, 2014 - 09:41pm PT
Some interesting and surprising recommendations by the ACLU (even in you're a whacko)

Upon request, show police your driver's license, registration and proof of insurance.

If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.

If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you.

Remember: police misconduct cannot be challenged on the street. Don't physically resist officers or threaten to file a complaint.
HighTraverse

Trad climber
Bay Area
Apr 30, 2014 - 09:43pm PT
drivers license checkpoints have been upheld
Much to my surprise NOT upheld. See Delaware V Prouse all the way back in 1979

DUI checkpoints have in fact been upheld by the USSC
They're allowed in the interest of public safety.

Here's a good summary in California
To pass muster under both the United States Constitution and the California Constitution, DUI checkpoints must follow eight specific guidelines:

supervising officers must make all operational decisions;
the criteria for stopping motorists must be neutral;
the checkpoint must be reasonably located;
adequate safety precautions must be taken;
the checkpoint's time and duration should reflect “good judgment”;
the checkpoint must exhibit sufficient indicia of its official nature;
drivers should be detained a minimal amount of time; and
roadblocks should be publicly advertised in advance.
http://www.shouselaw.com/dui-checkpoint.html
blahblah

Gym climber
Boulder
Apr 30, 2014 - 09:48pm PT
Remember: police misconduct cannot be challenged on the street. Don't physically resist officers or threaten to file a complaint.

OK here's a somewhat silly hypothetical:
Let's say a police officer detains you (or at least attempts to), but it turns out the basis for his detention is illegal (as later determined by a court).
On the street, you do in fact resist by, say, just driving away.

My question: what crime have you committed? Something like "failure to obey a lawful order"? Consider that, by the rules of this hypothetical, the order was not lawful.

I'm just raising a hypothetical question--I agree that in the real world, challenging police misconduct "on the street" is not going to be an effective tactic unless something is happening like the cops are beating you to death or nearly to death, in which case what do you have to lose? (Even then, your best self-defense strategy is probably to treat them like bears or whatever and "play dead," instead of like mountain lions that you're supposed to try to fight.)

HT: my super-quick understanding is that Delaware v. Prouse was not in the context of a "checkpoint," and that checkpoints have indeed been upheld. So it's distinguishable. I have to run now, but I'll check back in later to see if you or anyone else cares, and I'm mistaken on any of this, I'll gladly stand corrected.
Gary

Social climber
Desolation Basin, Calif.
Apr 30, 2014 - 10:26pm PT
Being a smart ass with cops is never a good idea, she's lucky she's a blonde.

Reading over those appellate court decisions about the "sovereign" citizens is a hoot. The militia dude is not the sharpest tool in the shed. He needs to do some independent research. I certainly can't find the Supreme Court decision declaring the federal government null and void.
HighTraverse

Trad climber
Bay Area
Apr 30, 2014 - 10:38pm PT
Being a smart ass with cops is never a good idea,
In fact she was within her rights and the Border Patrol agents knew it.
Presumably she filed a written complaint.
Gary

Social climber
Desolation Basin, Calif.
Apr 30, 2014 - 10:40pm PT
A lot of people have been well within in their rights, and still regretted getting smart with cops.
ontheedgeandscaredtodeath

Social climber
SLO, Ca
Apr 30, 2014 - 10:56pm PT
Blah remember that most "illegal" po po activity results in the suppression of evidence, not a conviction of a cop. If cops act without a required warrant or without probable cause or whatever they have violated your fourth amendment right and your remedy, if anything, is a successful motion to suppress. But the cops have committed no crime or done anything illegal. I suspect if an officer were actually committing a crime against someone they could resist according to local law.
HighTraverse

Trad climber
Bay Area
Apr 30, 2014 - 11:15pm PT
Blundy's predicament was adjudicated with all due process and all his legal rights were observed. If anything the Gov't left him free way too long.
As is evident to any impartial person with more sense than god gave geese.
End of story.
thebravecowboy

climber
in the face of the fury of the funk
Apr 30, 2014 - 11:18pm PT
some people don't need to point guns to disobey, Ron. but then, some do need guns.

Ahh, yes, Benghazi, what a sham! Obama basically orchestrated the whole thing, amirite?

Almost as bad as Iran-Contra: weapons for hostages, under Reagan. Almost.

crankster

Trad climber
South Lake Tahoe, CA
Apr 30, 2014 - 11:23pm PT
Ron, you domestic terrorist in wait, take your Benghazi nuttiness to another thread. There's one called Hoax's for the Weak Minded.

Drinking and watching Fox, no doubt.
thebravecowboy

climber
in the face of the fury of the funk
Apr 30, 2014 - 11:30pm PT
I will vote for Hillary just because I know how much it would chap your ass, Ron, to have her as Commander-in-Chief. Not a huge fan personally, but then, I don't love Obama but I am tickled by the cognitive dissonance I see him inducing in you.


Nice to turn off the greasemonkey and see you back at it old pal.
crankster

Trad climber
South Lake Tahoe, CA
Apr 30, 2014 - 11:34pm PT
I will say this Ron, having you spew tired, talk radio ignorance about presidential elections is better than reading your posts about pointing loaded weapons at Federal employees.
JEleazarian

Trad climber
Fresno CA
Apr 30, 2014 - 11:47pm PT
just want to say thanks to all of you, you are smart and terrific

I hope you didn't mean that tongue-in-cheek, Norton, and you need to include yourself in the set of the smart and terrific .

John
crankster

Trad climber
South Lake Tahoe, CA
May 1, 2014 - 12:09am PT
Wingnuts are turning on themselves down-a-Bundy-way. Watch out for the drones, Ron!

It was the imminent drone attack that finally did it.

Paranoid rumors are not only common at gatherings of antigovernment “Patriots,” they’re practically the entire raison d’etre for them. So when a wild and paranoid rumor began circulating – that Attorney General Eric Holder was preparing a drone strike on the armed militiamen who gathered at Cliven Bundy’s ranch in Nevada – it unleashed a rift within the camp, which is brimming with fear, rage, testosterone and firearms.

Vicious infighting among those remaining at the camp – estimated at less than a hundred – broke out a little more than two weeks after heavily armed militiamen forced federal agents to back down from a planned roundup of Bundy’s illegally grazing cattle from public lands. After vowing to stay on and protect Bundy – who then stumbled on the national stage with an outpouring of racist commentary – the remaining “Patriots,” who have been raising fear levels among local residents, have begun feuding. And it has been revealing.

Apparently, someone within one of the major factions at the camp, the Oath Keepers, relayed word of the imminent drone attack to his leaders. Oath Keepers founder Stewart Rhodes responded by pulling his people out of what they called “the kill zone” (the area the supposed drone would be striking). When the other militiamen learned that the Oath Keepers had pulled out, they were outraged.

As you can see in the video below, the angry militiamen – led by a Montana “Patriot” named Ryan Payne, who has been acting as the spokesman for the militiamen at the ranch – held an impromptu gathering at the camp to discuss the situation. They openly talk about shooting Rhodes and other Oath Keepers leaders – because in their view, the Oath Keepers’ actions constituted “desertion” and “cowardice” – and describe how “the whole thing is falling apart over there.” At the end, they vote unanimously to oust the Oath Keepers, or at least its leadership, from the Bundy Ranch camp.

“Patriots” often talk about fighting what they see as a second Civil War in America soon. But as the militiamen at the Bundy Ranch are demonstrating, the civil wars they end up fighting are usually within their own ranks.

http://www.splcenter.org/blog/2014/04/30/back-at-the-bundy-ranch-its-oath-keepers-vs-militiamen-as-wild-rumors-fly/
Jon Beck

Trad climber
Oceanside
May 1, 2014 - 12:10am PT
Let's say a police officer detains you (or at least attempts to), but it turns out the basis for his detention is illegal (as later determined by a court).
On the street, you do in fact resist by, say, just driving away.

Varies from state to state, in California you can resist an unlawful detention, Under Federal I do not believe you can. As noted, you resist at great risk to you personal safety and on a gamble you will prevail in the long run. The Sagon Penn case was a classic test of the rule.
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