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CBP boards bus and arrests visa overstay Grandmother

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17 minutes ago, Italian_in_NYC said:

They need to have probable cause too for further questioning. And they can't detain you. You could sue them and it would be an easy win (although meaningless).

This is (not yet) a police state.

Don't you understand the police can pretty much invent ANY KIND of probable cause if they want to???? I was driving a supposed Federal vehicle in a high drug trafficking corridor in SoCal. Where they have already had thieves steal Federal license plates and put them on to other cars to try to make it that much easier to transport drugs/people up into the interior. So yes there is probably cause there.

 

This is not mention that this it was already a long day for me because I got on the road at 5am to drive 4 hours to beat the 108 degree heat while working outside. Then have to drive another 3 1/2 hours at 2pm at least after that checkpoint just to make it home for the day. So at that time I was not giving them any kind of grief to take me back. But when I was questioned for 10 mins about my job, where I went and where I was going then I lost it on the CBP official. So you can play your little keyboard warrior games safely in the air conditioning but when your in the 110 degree heat smelling the ####### from the Salton Sea then yes you will comply with what they want.

Edited by cyberfx1024
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Hey TB: I honestly don't think that a person on a domestic flight in NYC or on a tourist bus in Florida would ever think that they were in a de-Constitutionalized zone. If that was the case, I'd be wary about anyone remotely entering FL or NY, because they could be subject to CBP officers getting in their faces. Should foreign travelers stop locking their passports in hotel safes and carry it on them at all times? Is the practice of traveling with photocopied documents, no longer safe to do? The fact that we're in a country where you have to advise, even a USC, not to travel near a location within their own state is really scary indeed.

 

You know the OIG's report on the travel ban 1.0 was released last week, their findings about the CBP/DHS weren't too pleasant. Saying that CBP officers are foul tempered and looking to grab someone, implies to me that we have CBP officers that are allowed to abuse their power unchecked. Doesn't sound right to me.

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Just now, yuna628 said:

Hey TB: I honestly don't think that a person on a domestic flight in NYC or on a tourist bus in Florida would ever think that they were in a de-Constitutionalized zone. If that was the case, I'd be wary about anyone remotely entering FL or NY, because they could be subject to CBP officers getting in their faces. Should foreign travelers stop locking their passports in hotel safes and carry it on them at all times? Is the practice of traveling with photocopied documents, no longer safe to do? The fact that we're in a country where you have to advise, even a USC, not to travel near a location within their own state is really scary indeed.

 

You know the OIG's report on the travel ban 1.0 was released last week, their findings about the CBP/DHS weren't too pleasant. Saying that CBP officers are foul tempered and looking to grab someone, implies to me that we have CBP officers that are allowed to abuse their power unchecked. Doesn't sound right to me.

It sounds about right to me because I have met some of those guys and the moral the last couple years has been LOW to say the least. So they are happy that they have some power now.

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Filed: Citizen (pnd) Country: Italy
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1 minute ago, cyberfx1024 said:

Don't you understand the police can pretty much invent ANY KIND of probably cause if they want to???? I was driving a supposed Federal vehicle in a high drug trafficking corridor in SoCal. Where they have already had thieves steal Federal license plates and put them on to other cars to try to make that much easier to transport drugs/people up into the interior. So yes there is probably cause there.

 

This is not mention that this is already a long day for me because I got on the road at 5am to drive 4 hours to beat the 108 degree heat while working outside. Then have to drive another 3 1/2 hours at 2pm at least after that checkpoint just to make it home for the day. So at that time I was not giving them any kind of grief to take me back. But when I was questioned for 10 mins about my job, where I went and where I was going then I lost it on the CBP official. So you can play your little keyboard warrior games safely in the air conditioning but when your in the 110 degree heat smelling the ####### from the Salton Sea then yes you will comply with what they want.

No, that would absolutely NOT be probable cause. Probable cause means they have reasons (to be supported by objective facts) that you are committing a crime. So, if your car smells like you are carrying 500 lbs of weed, then that would be probable cause.

Them having a dog sniffing your car without probable cause is not admissible. Even if they find drugs on you, that evidence would not be admitted in Court.

Most of us just answer and go on the way, but we should all refuse, otherwise we are quietly let them turn the US into a police state.

I was stopped in NYC and the cop asked me if he could search me. I said no and I went on my way home.

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Just now, Italian_in_NYC said:

No, that would absolutely NOT be probable cause. Probable cause means they have reasons (to be supported by objective facts) that you are committing a crime. So, if your car smells like you are carrying 500 lbs of weed, then that would be probable cause.

Them having a dog sniffing your car without probable cause is not admissible. Even if they find drugs on you, that evidence would not be admitted in Court.

Most of us just answer and go on the way, but we should all refuse, otherwise we are quietly let them turn the US into a police state.

I was stopped in NYC and the cop asked me if he could search me. I said no and I went on my way home.

Yeah well that is NYC this is actual CBP officials with 100 miles of the border where they have more powers than local police. So you can think like that and then be questioned for however long.  I am very much against a police state as well but just being cordial goes along way.

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19 minutes ago, cyberfx1024 said:

Good luck trying this at a checkpoint because they will detain you for "further questioning"

Actually there are a few videos on youtube people refused to answer their questions and eventually let go without going thru any sort of detainment or questioning.

 

 

This dude in particular has many videos of this sort on his channel.

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Filed: Citizen (pnd) Country: Italy
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1 minute ago, cyberfx1024 said:

Yeah well that is NYC this is actual CBP officials with 100 miles of the border where they have more powers than local police. So you can think like that and then be questioned for however long.  I am very much against a police state as well but just being cordial goes along way.

In my case it was NYPD, but the US Constitution I'm talking about is the same one, and it applies to everyone. Btw, you can NOT be held unless they detain you. And they can't detain you just for the sake of it.

Sure, we can always go along and go our way, but we should all be fighting this.

This is not law enforcement, this is a police state.

AOS:

RD: 6/21/06

Biometrics: 7/25/06

ID: 10/24/06 - Approved

Conditional GC Received: 11/3/06

I-751

RD: 7/31/08

NOA 1: 8/6/08

Biometrics: 8/26/08

Transferred to CSC: 2/25/09

Approved: 4/23/09 (email received)

Card mailed: 4/28/09 (email received)

Card Received: 5/1/09

N-400

RD & PD: 7/28/09

NOA 1: 8/1/09

Biometric appt: 8/12/09

Interview Letter received: 10/02/09 (notice dated 09/29)

Interview Date: 11/10/09 at Federal Plaza in Manhattan

Oath Letter: 11/10/09

Oath Date: 11/13/09 - Special ceremony at USS Intrepid - Done - USC

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Just now, charmander said:

Actually there are a few videos on youtube people refused to answer their questions and eventually let go without going thru any sort of detainment or questioning.

 

 

This dude in particular has many videos of this sort on his channel.

Sounds like an ###. Then there are videos of being stopped at check points and put into further questioning

 

 

 

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Filed: Citizen (apr) Country: Ecuador
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8 minutes ago, yuna628 said:

1.  I honestly don't think that a person on a domestic flight in NYC or on a tourist bus in Florida would ever think that they were in a de-Constitutionalized zone. If that was the case, I'd be wary about anyone remotely entering FL or NY, because they could be subject to CBP officers getting in their faces.

 

2.  Saying that CBP officers are foul tempered and looking to grab someone, implies to me that we have CBP officers that are allowed to abuse their power unchecked. Doesn't sound right to me.

1.  To make it clear, which I didn't -- and to clarify Houston's place outside the Radius, despite Val's map -- I'm focusing on LAND borders only, not coastal.

2.  To be fair, they have a tough job, and they're dressed in heavy navy-blue uniforms and trying to function in 100-degree heat, and (in their words) they "see a lot of weird stuff."  However, the way in which I was treated at one POE and one internal checkpoint (this last, more than once) defies reason.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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1 minute ago, Italian_in_NYC said:

In my case it was NYPD, but the US Constitution I'm talking about is the same one, and it applies to everyone. Btw, you can NOT be held unless they detain you. And they can't detain you just for the sake of it.

Sure, we can always go along and go our way, but we should all be fighting this.

This is not law enforcement, this is a police state.

Did you not read what was posted earlier about this? You can be an ### at the checkpoints if you want and they can inspect your vehicle for an hour or 2 as well. I will just answer question while you are on the side of the road complaining.

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Filed: Citizen (apr) Country: Ecuador
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8 minutes ago, Italian_in_NYC said:

Them having a dog sniffing your car without probable cause is not admissible.

Yes, it is.  Dogs are considered to be valid collectors of information.

9 minutes ago, Italian_in_NYC said:

cop asked me if he could search me. I said no

Good.  With non-CBP LEOs, never consent to ANY search.

The golden words are, "I wish to leave now, sir; am I free to go?"

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Ecuador
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2 minutes ago, cyberfx1024 said:

Did you not read what was posted earlier about this? You can be an ### at the checkpoints if you want and they can inspect your vehicle for an hour or 2 as well.

This is 100% true.  At least at POE, they can dismantle your entire vehicle if they so choose.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (pnd) Country: Italy
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6 minutes ago, cyberfx1024 said:

Did you not read what was posted earlier about this? You can be an ### at the checkpoints if you want and they can inspect your vehicle for an hour or 2 as well. I will just answer question while you are on the side of the road complaining.

They do NOT have any authority to search your car (unless you voluntarily grant it to them). They only have that at the actual border.If not crossing the border,  they can only do it with a warrant or if they have probable cause (which they don't).

This is the IV Amendment.

Know your rights.

Edited by Italian_in_NYC

AOS:

RD: 6/21/06

Biometrics: 7/25/06

ID: 10/24/06 - Approved

Conditional GC Received: 11/3/06

I-751

RD: 7/31/08

NOA 1: 8/6/08

Biometrics: 8/26/08

Transferred to CSC: 2/25/09

Approved: 4/23/09 (email received)

Card mailed: 4/28/09 (email received)

Card Received: 5/1/09

N-400

RD & PD: 7/28/09

NOA 1: 8/1/09

Biometric appt: 8/12/09

Interview Letter received: 10/02/09 (notice dated 09/29)

Interview Date: 11/10/09 at Federal Plaza in Manhattan

Oath Letter: 11/10/09

Oath Date: 11/13/09 - Special ceremony at USS Intrepid - Done - USC

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Filed: Citizen (pnd) Country: Italy
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1 minute ago, TBoneTX said:

Yes, it is.  Dogs are considered to be valid collectors of information.

 

No, it would be considered a search. And an unlawful one unless you allow it.

AOS:

RD: 6/21/06

Biometrics: 7/25/06

ID: 10/24/06 - Approved

Conditional GC Received: 11/3/06

I-751

RD: 7/31/08

NOA 1: 8/6/08

Biometrics: 8/26/08

Transferred to CSC: 2/25/09

Approved: 4/23/09 (email received)

Card mailed: 4/28/09 (email received)

Card Received: 5/1/09

N-400

RD & PD: 7/28/09

NOA 1: 8/1/09

Biometric appt: 8/12/09

Interview Letter received: 10/02/09 (notice dated 09/29)

Interview Date: 11/10/09 at Federal Plaza in Manhattan

Oath Letter: 11/10/09

Oath Date: 11/13/09 - Special ceremony at USS Intrepid - Done - USC

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Just now, TBoneTX said:

Yes, it is.  Dogs are considered to be valid collectors of information.

Good.  With non-CBP LEOs, never consent to ANY search.

The golden words are, "I wish to leave now, sir; am I free to go?"

If it was a non-CBP LEO then I would never ever consent to a search due to that and I had an issue about 15 years ago when I consented to a search after being stopped for speeding. The Sheriff acted like he was going to shoot me because he found one of my UNLOADED M16 magazine(Former Marine) and freaked the F out yelling with his hand on his sidearm "Screaming where is the gun, where is the gun boy". I promptly told him it was back on base safely locked in the armory and he shouldn't worry.

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