Author Topic: Obscure Law, 100 Mile Wide No-Constitution Border Zone  (Read 122 times)

Offline Solar

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Obscure Law, 100 Mile Wide No-Constitution Border Zone
« on: April 11, 2018, 05:03:37 AM »
There is an obscure law in effect that allows for military all around the US border to be placed in any manner necessary, it's possibly the very reason this was implemented aside from the INS border patrol claim.
But there is an upside to all of this, the borders, as a rule, are mostly infested with liberals. :biggrin:

This happened in 1953, though much of it had been in effect long before that date.
So once again, this wasn't damage inflicted by Baby Boomers, no, it was the so-called "greatest generation'. Once again, asleep and allowing govt to trample our Constitution.

Here's the code. 

8 U.S.C. ยง 1357(a)(3)

The law in some ways is pretty straightforward, and convoluted in others with broad reaching consequences.
In other words, according to the law, they only need a suspicion and can legally search you, your car or premises.
What do you think, good or bad?

Here's the Governments take on the issue.

https://www.justice.gov/usam/criminal-resource-manual-1917-arrest-search-and-seizure-immigration-officers

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Offline Billy's bayonet

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Re: Obscure Law, 100 Mile Wide No-Constitution Border Zone
« Reply #1 on: April 11, 2018, 05:52:19 AM »
The point about searching your vehicle or vessel on suspicion is in effect anywhere on points of entry. Border customs don't even need that.  Now about Extending it to 100 miles, I suppose this includes the offshore 12 mile limit. There is a fine line between suspicion and probable cause, I tend to think that when this law was written "suspicion" was substituted for Probable cause. Technically a LEO can search your vehicle or conveyance without a warrant anywhere in the US based upon Probable cause or even "reasonable suspicion" if they beleive you are armed. Motor vehicles and "conveyances" have always been an exception do to mobility.

Now the thing about the "premises" is a little more of that "slippery slope", I prefer warrants simply because a ranch house or a barn cant be moved and can be contained or kept under surveillance until a warrant obtained, with today's technology a "Telephonic search warrant" or even video conferencing with Hizzoner is likely. They should be doing this anyway due to the distances in border area's.

My preference would be to Militarize the border, 100 miles might be extreme but something has to be done to secure it and perhaps something extreme.
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Offline Solar

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Re: Obscure Law, 100 Mile Wide No-Constitution Border Zone
« Reply #2 on: April 11, 2018, 06:48:35 AM »
What triggered me to post this was, after watching a bunch of border videos of whiners getting arrested for not cooperating.
Both Canada and Mexico, the border agents take their job very seriously, and even though their questioning may seem redundant, even stooopid at times, it's designed to weed out conflicting answers.
"Where are you going, staying", Ramada sir, "what room #, the time you'll be getting up, how often do you stay at Motel 6?"
Did I say motel six? I meant Ramada Inn. Step out of the car sir...

I watched a couple of Canuck yuppies trying to go to NY, the guard asked him similar questions, he was argumentative over the silliness of the questions, the guard explained it was a process and just to answer the questions. He said he takes his job very seriously and that his line of questioning catches several terrorists a day trying to enter the US.

This dumb ass still wanted to argue the ridiculousness and absurdity of innocuous and redundant questions, not once realizing a liar will trip up because they didn't rehearse well enough, but a casual traveler has a completely different demeanor when telling the truth.
Yeah, not only did he manage to get his ass locked up, but his fiance as well for defending the twits actions.

This is the point of the thread when in the area of the border 25, 60 or 80 miles away. One may think they are fully protected by the Constitution, but the courts play leniency towards law enforcement, so it may cost you money for not playing along.
In other words, don't be a 4th Amendment activist/martyr, let them do their job, they're trying to catch scum, not law-abiding citizens, though they may settle for the occasional asshole.
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Offline AndyJackson

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Re: Obscure Law, 100 Mile Wide No-Constitution Border Zone
« Reply #3 on: April 11, 2018, 08:41:52 AM »
Here's hoping that Trump makes great use of all these obscure old methods, like this thing or the budget rescission.

Of course all the libs will scream and demand impeachment, because now impeachment is no longer for "high crimes / misdemeanors"........ it's for "I don't like that".

8 years of infantile programming by Obama and crew.

 

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