670 pounds of cocaine found stashed in illegal Mexican's vehicle in San Clemente

On Mon, 27 Jan 2014 04:52:45 +0100, Andy Bernstein wrote:

> SAN CLEMENTE, Calif. (KABC) -- Nearly 700 pounds of cocaine was
> found stashed in the trunk and backseat of a vehicle in San
> Clemente Friday.
>
> The unidentified suspect was stopped as part of a routine check
> at the U.S. Customs and Border Protection Station in the
> northbound lanes of the 5 Freeway around 1:15 a.m.
>
> Officials say the 54-year-old driver was wearing a suit and tie
> when stopped. Agents said they became suspicious when the
> suspect claimed he was a U.S. citizen.
>

The caee should get tossed.
There no federal laws requiring a person who was born in the USA to provide
proof.
Looking "illegal" never cut it in a court of law.
I've seen dozens of BP agents who appear to be Mexican and speak fluent
spanish.
Not enough probable cause to detain certainly not enough to proceed with a
search.

There was a movie out years ago where they showed a Mexican guy and his kid
out enjoyhing a drive. He gets stopped by a cop.
"Ill need to see your visa and passport sir."
"Really? Since when do US citizens need them? I was born and raosed in
Colorado!".

On 1/27/2014 3:42 PM, richard wrote:
> On Mon, 27 Jan 2014 04:52:45 +0100, Andy Bernstein wrote:
>
>> SAN CLEMENTE, Calif. (KABC) -- Nearly 700 pounds of cocaine was
>> found stashed in the trunk and backseat of a vehicle in San
>> Clemente Friday.
>>
>> The unidentified suspect was stopped as part of a routine check
>> at the U.S. Customs and Border Protection Station in the
>> northbound lanes of the 5 Freeway around 1:15 a.m.
>>
>> Officials say the 54-year-old driver was wearing a suit and tie
>> when stopped. Agents said they became suspicious when the
>> suspect claimed he was a U.S. citizen.
>>
>
> The caee should get tossed.
> There no federal laws requiring a person who was born in the USA to provide
> proof.
> Looking "illegal" never cut it in a court of law.
> I've seen dozens of BP agents who appear to be Mexican and speak fluent
> spanish.
> Not enough probable cause to detain certainly not enough to proceed with a
> search.
>
> There was a movie out years ago where they showed a Mexican guy and his kid
> out enjoyhing a drive. He gets stopped by a cop.
> "Ill need to see your visa and passport sir."
> "Really? Since when do US citizens need them? I was born and raosed in
> Colorado!".

Movies don't mean squat. Read the article. The boxes were clearly
visible on the back seat.


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On Mon, 27 Jan 2014 22:50:06 -0500, Sancho Panza wrote:

> On 1/27/2014 3:42 PM, richard wrote:
>> On Mon, 27 Jan 2014 04:52:45 +0100, Andy Bernstein wrote:
>>
>>> SAN CLEMENTE, Calif. (KABC) -- Nearly 700 pounds of cocaine was
>>> found stashed in the trunk and backseat of a vehicle in San
>>> Clemente Friday.
>>>
>>> The unidentified suspect was stopped as part of a routine check
>>> at the U.S. Customs and Border Protection Station in the
>>> northbound lanes of the 5 Freeway around 1:15 a.m.
>>>
>>> Officials say the 54-year-old driver was wearing a suit and tie
>>> when stopped. Agents said they became suspicious when the
>>> suspect claimed he was a U.S. citizen.
>>>
>>
>> The caee should get tossed.
>> There no federal laws requiring a person who was born in the USA to provide
>> proof.
>> Looking "illegal" never cut it in a court of law.
>> I've seen dozens of BP agents who appear to be Mexican and speak fluent
>> spanish.
>> Not enough probable cause to detain certainly not enough to proceed with a
>> search.
>>
>> There was a movie out years ago where they showed a Mexican guy and his kid
>> out enjoyhing a drive. He gets stopped by a cop.
>> "Ill need to see your visa and passport sir."
>> "Really? Since when do US citizens need them? I was born and raosed in
>> Colorado!".
>
> Movies don't mean squat. Read the article. The boxes were clearly
> visible on the back seat.
>


Boxes on a seat is not probable cause.
If the officer could see what he reasonably believed to be marijuana
leaves, yeah then maybe he had probable cause.
All of the major checkpoints I've been through all have dogs.
If the dog made a positive hit, then that is probable cause.

If the officer smelled marijuana, that could also be probable cause.

You can not be legally detained simply for the way you look.
That was the officer's excuse for the stop.

On 1/28/2014 1:25 AM, richard wrote:
> On Mon, 27 Jan 2014 22:50:06 -0500, Sancho Panza wrote:
>
>> On 1/27/2014 3:42 PM, richard wrote:
>>> On Mon, 27 Jan 2014 04:52:45 +0100, Andy Bernstein wrote:
>>>
>>>> SAN CLEMENTE, Calif. (KABC) -- Nearly 700 pounds of cocaine was
>>>> found stashed in the trunk and backseat of a vehicle in San
>>>> Clemente Friday.
>>>>
>>>> The unidentified suspect was stopped as part of a routine check
>>>> at the U.S. Customs and Border Protection Station in the
>>>> northbound lanes of the 5 Freeway around 1:15 a.m.
>>>>
>>>> Officials say the 54-year-old driver was wearing a suit and tie
>>>> when stopped. Agents said they became suspicious when the
>>>> suspect claimed he was a U.S. citizen.
>>>>
>>>
>>> The caee should get tossed.
>>> There no federal laws requiring a person who was born in the USA to provide
>>> proof.
>>> Looking "illegal" never cut it in a court of law.
>>> I've seen dozens of BP agents who appear to be Mexican and speak fluent
>>> spanish.
>>> Not enough probable cause to detain certainly not enough to proceed with a
>>> search.
>>>
>>> There was a movie out years ago where they showed a Mexican guy and his kid
>>> out enjoyhing a drive. He gets stopped by a cop.
>>> "Ill need to see your visa and passport sir."
>>> "Really? Since when do US citizens need them? I was born and raosed in
>>> Colorado!".
>>
>> Movies don't mean squat. Read the article. The boxes were clearly
>> visible on the back seat.
>>
>
>
> Boxes on a seat is not probable cause.
> If the officer could see what he reasonably believed to be marijuana
> leaves, yeah then maybe he had probable cause.
> All of the major checkpoints I've been through all have dogs.
> If the dog made a positive hit, then that is probable cause.
>
> If the officer smelled marijuana, that could also be probable cause.
>
> You can not be legally detained simply for the way you look.
> That was the officer's excuse for the stop.

That is not stated in the article.



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On Monday, January 27, 2014 12:42:00 PM UTC-8, richard wrote:
> On Mon, 27 Jan 2014 04:52:45 +0100, Andy Bernstein wrote:

> > SAN CLEMENTE, Calif. (KABC) -- Nearly 700 pounds of cocaine was
> > found stashed in the trunk and backseat of a vehicle in San
> > Clemente Friday.

> > The unidentified suspect was stopped as part of a routine check
> > at the U.S. Customs and Border Protection Station in the
> > northbound lanes of the 5 Freeway around 1:15 a.m.

> > Officials say the 54-year-old driver was wearing a suit and tie
> > when stopped. Agents said they became suspicious when the
> > suspect claimed he was a U.S. citizen.

> The caee should get tossed.
> There no federal laws requiring a person who was born in the USA to provide
> proof.

> Looking "illegal" never cut it in a court of law.
> I've seen dozens of BP agents who appear to be Mexican and speak fluent
> spanish.

> Not enough probable cause to detain certainly not enough to proceed with a
> search.

IIANM the USSC has ruled that checkpoints for DUI, drugs, etc. are legal provided that either _every_ vehicle be stopped or random vehicles, i.e, every 10th or the like bestopped - profiling not allowed.

During those stops checking papers, etc. is legal.

Harry K

On 2014-01-29, Harry K > wrote:
> On Monday, January 27, 2014 12:42:00 PM UTC-8, richard wrote:
>> On Mon, 27 Jan 2014 04:52:45 +0100, Andy Bernstein wrote:
>
>> > SAN CLEMENTE, Calif. (KABC) -- Nearly 700 pounds of cocaine was
>> > found stashed in the trunk and backseat of a vehicle in San
>> > Clemente Friday.
>
>> > The unidentified suspect was stopped as part of a routine check
>> > at the U.S. Customs and Border Protection Station in the
>> > northbound lanes of the 5 Freeway around 1:15 a.m.
>
>> > Officials say the 54-year-old driver was wearing a suit and tie
>> > when stopped. Agents said they became suspicious when the
>> > suspect claimed he was a U.S. citizen.
>
>> The caee should get tossed.
>> There no federal laws requiring a person who was born in the USA to provide
>> proof.
>
>> Looking "illegal" never cut it in a court of law.
>> I've seen dozens of BP agents who appear to be Mexican and speak fluent
>> spanish.
>
>> Not enough probable cause to detain certainly not enough to proceed with a
>> search.
>
> IIANM the USSC has ruled that checkpoints for DUI, drugs, etc. are legal provided that either _every_ vehicle be stopped or random vehicles, i.e, every 10th or the like bestopped - profiling not allowed.
>
> During those stops checking papers, etc. is legal.

Government courts decides in favor of government it's not exactly
shocking. It's rather a traditional way to increase the power of the
state.

On Tue, 28 Jan 2014 22:38:18 -0800 (PST), Harry K wrote:

> On Monday, January 27, 2014 12:42:00 PM UTC-8, richard wrote:
>> On Mon, 27 Jan 2014 04:52:45 +0100, Andy Bernstein wrote:
>
>>> SAN CLEMENTE, Calif. (KABC) -- Nearly 700 pounds of cocaine was
>>> found stashed in the trunk and backseat of a vehicle in San
>>> Clemente Friday.
>
>>> The unidentified suspect was stopped as part of a routine check
>>> at the U.S. Customs and Border Protection Station in the
>>> northbound lanes of the 5 Freeway around 1:15 a.m.
>
>>> Officials say the 54-year-old driver was wearing a suit and tie
>>> when stopped. Agents said they became suspicious when the
>>> suspect claimed he was a U.S. citizen.
>
>> The caee should get tossed.
>> There no federal laws requiring a person who was born in the USA to provide
>> proof.
>
>> Looking "illegal" never cut it in a court of law.
>> I've seen dozens of BP agents who appear to be Mexican and speak fluent
>> spanish.
>
>> Not enough probable cause to detain certainly not enough to proceed with a
>> search.
>
> IIANM the USSC has ruled that checkpoints for DUI, drugs, etc. are legal provided that either _every_ vehicle be stopped or random vehicles, i.e, every 10th or the like bestopped - profiling not allowed.
>
> During those stops checking papers, etc. is legal.
>
> Harry K

True. But the point is, the man was detained because the agent did not
believe he was a US citizen.
That is not probable cause.
How did the agent determine this by asking one simple question?
How a person looks has never been probable cause.

However, the 1951 law gives BP agents the right to search a vehicle for
drugs without a warrant.

On Tue, 28 Jan 2014 08:55:28 -0500, Sancho Panza wrote:

> On 1/28/2014 1:25 AM, richard wrote:
>> On Mon, 27 Jan 2014 22:50:06 -0500, Sancho Panza wrote:
>>
>>> On 1/27/2014 3:42 PM, richard wrote:
>>>> On Mon, 27 Jan 2014 04:52:45 +0100, Andy Bernstein wrote:
>>>>
>>>>> SAN CLEMENTE, Calif. (KABC) -- Nearly 700 pounds of cocaine was
>>>>> found stashed in the trunk and backseat of a vehicle in San
>>>>> Clemente Friday.
>>>>>
>>>>> The unidentified suspect was stopped as part of a routine check
>>>>> at the U.S. Customs and Border Protection Station in the
>>>>> northbound lanes of the 5 Freeway around 1:15 a.m.
>>>>>
>>>>> Officials say the 54-year-old driver was wearing a suit and tie
>>>>> when stopped. Agents said they became suspicious when the
>>>>> suspect claimed he was a U.S. citizen.
>>>>>
>>>>
>>>> The caee should get tossed.
>>>> There no federal laws requiring a person who was born in the USA to provide
>>>> proof.
>>>> Looking "illegal" never cut it in a court of law.
>>>> I've seen dozens of BP agents who appear to be Mexican and speak fluent
>>>> spanish.
>>>> Not enough probable cause to detain certainly not enough to proceed with a
>>>> search.
>>>>
>>>> There was a movie out years ago where they showed a Mexican guy and his kid
>>>> out enjoyhing a drive. He gets stopped by a cop.
>>>> "Ill need to see your visa and passport sir."
>>>> "Really? Since when do US citizens need them? I was born and raosed in
>>>> Colorado!".
>>>
>>> Movies don't mean squat. Read the article. The boxes were clearly
>>> visible on the back seat.
>>>
>>
>>
>> Boxes on a seat is not probable cause.
>> If the officer could see what he reasonably believed to be marijuana
>> leaves, yeah then maybe he had probable cause.
>> All of the major checkpoints I've been through all have dogs.
>> If the dog made a positive hit, then that is probable cause.
>>
>> If the officer smelled marijuana, that could also be probable cause.
>>
>> You can not be legally detained simply for the way you look.
>> That was the officer's excuse for the stop.
>
> That is not stated in the article.
>
>
>
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> This email is free from viruses and malware because avast! Antivirus protection is active.
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It is called "profiling" and that excuse is illegal, even to BP agents.

On 1/30/2014 4:33 PM, richard wrote:
> On Tue, 28 Jan 2014 08:55:28 -0500, Sancho Panza wrote:
>
>> On 1/28/2014 1:25 AM, richard wrote:
>>> On Mon, 27 Jan 2014 22:50:06 -0500, Sancho Panza wrote:
>>>
>>>> On 1/27/2014 3:42 PM, richard wrote:
>>>>> On Mon, 27 Jan 2014 04:52:45 +0100, Andy Bernstein wrote:
>>>>>
>>>>>> SAN CLEMENTE, Calif. (KABC) -- Nearly 700 pounds of cocaine was
>>>>>> found stashed in the trunk and backseat of a vehicle in San
>>>>>> Clemente Friday.
>>>>>>
>>>>>> The unidentified suspect was stopped as part of a routine check
>>>>>> at the U.S. Customs and Border Protection Station in the
>>>>>> northbound lanes of the 5 Freeway around 1:15 a.m.
>>>>>>
>>>>>> Officials say the 54-year-old driver was wearing a suit and tie
>>>>>> when stopped. Agents said they became suspicious when the
>>>>>> suspect claimed he was a U.S. citizen.
>>>>>>
>>>>>
>>>>> The caee should get tossed.
>>>>> There no federal laws requiring a person who was born in the USA to provide
>>>>> proof.
>>>>> Looking "illegal" never cut it in a court of law.
>>>>> I've seen dozens of BP agents who appear to be Mexican and speak fluent
>>>>> spanish.
>>>>> Not enough probable cause to detain certainly not enough to proceed with a
>>>>> search.
>>>>>
>>>>> There was a movie out years ago where they showed a Mexican guy and his kid
>>>>> out enjoyhing a drive. He gets stopped by a cop.
>>>>> "Ill need to see your visa and passport sir."
>>>>> "Really? Since when do US citizens need them? I was born and raosed in
>>>>> Colorado!".
>>>>
>>>> Movies don't mean squat. Read the article. The boxes were clearly
>>>> visible on the back seat.
>>>>
>>>
>>>
>>> Boxes on a seat is not probable cause.
>>> If the officer could see what he reasonably believed to be marijuana
>>> leaves, yeah then maybe he had probable cause.
>>> All of the major checkpoints I've been through all have dogs.
>>> If the dog made a positive hit, then that is probable cause.
>>>
>>> If the officer smelled marijuana, that could also be probable cause.
>>>
>>> You can not be legally detained simply for the way you look.
>>> That was the officer's excuse for the stop.
>>
>> That is not stated in the article.
>>
>>
>>
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>> This email is free from viruses and malware because avast! Antivirus protection is active.
>> http://www.avast.com
>
> It is called "profiling" and that excuse is illegal, even to BP agents.
>
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>
Cite?


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