Quote:
Originally Posted by cdswans
This is a great question!
But, first of all, what makes you think it's an immigration check? The big yellow sign that says immigration checkpoint? The dog isn't there to sniff out passports and the guys in green aren't there to make a judgement on whether or not you look like an American. It's drug interdiction, plain and simple with the occasional side benefit of pulling a few illegals out of a trunk.
The guys in green have the authority to stop and observe you but only to the extent that they have been authorized to stop and observe everybody or nobody. It's just like a sobriety check point. They can't cherry pick or profile. They have no particular interest or authority whether or not you carry a CDL and I doubt most of them know (or care) the first thing about HOS. They have no right to detain or interrogate you unless and until you give them probable cause and they would, at that point, be required to Mirandize you. You can give them permission, as most do, unfortuately, but you have no duty to them other than to not run them over.
They have every right to strike up a conversation with you (again, you have no duty to participate) and that's the basis for the whole ruse. Why would any red blooded American object to being asked about your citizenry? They don't give a rat's rear end about your citizenry! It's a big, phony ploy to gain access to your window and to look around a bit while the dog gives the ride a quick once over. They question you to get a reading on you. Are you nervous, shaking, sweating, evasive, glassy eyed . . whatever . . probable cause! It's information (evidence) they could never get if they had to stand by the side of the road and dangle the dog from a rope.
Your wife had no duty to disclose her citizenship, to answer whether or not you were there or wake you up so you could play along, too.
This is how it should go . . You stop at the stop sign and keep your window rolled up. When the guy asks you to roll down the window, you roll it down just enough to ask "Am I free to go?" because the legal search is over. Even the dog is legal but they can't detain you if it happens to be a slow dog. When the guy screams "Just answer the (citizenship) question!" You ask again "Am I free to go?" and add "If not, why am I being detained?" If they haven't established an articulable probable cause to detain you, they have to let you go.
Now you've done it! You stood your ground and defended of your rights but rather than applaud your civics wisdom and good citizenship they're going to have to call for a supervisor.
There. Now you know. So, now what are you going to do? Assert your rights, tell your wife to flip the guy off and demand to be sent on your way? That's what I want to do but I don't. I've been waved through as often as I've been asked if I'm a U. S. citizen. My day and the job at hand are going to go a lot smoother if I acquiesce and allow my rights to be trampled. If I were in my own vehicle with a little extra time on my hands it would be a very different story.
Being a former LEO and holding a Criminal Justice degree I already knew much of this..(which I realize I didn't state) but thanks for the info. no I didn't, nor did I plan, to do any of the last sentence by any means but after having been woken up I would like to have, but I bit my tongue and was nice.
I understand my post was probably not the best written in form OR tone as it was written in anger immediately AFTER having been woken up from only been asleep 2 hours so I apologize if I were kurt in any of it.
Anyways, We went back through the same checkpoint a day later and I asked a Senior agent about it... it was a nice exchange and he explained the law that allows them to do so. He said he understood the FMCSA laws and apologized for the inconvience and gave the usual they were just doing their jobs bit.. which I do understand as well. I acknowledged that I understood after which my wife and I had a bit of a conversation/jokes with the few of the agents standing around and we moved on. I could be an ass but why make their night difficult and possibly create problems for myself? They can do it because its in the name of homeland security by law. I don't like it and its not really ethical but I understand.
Thanks for those that posted.
