Border Patrol running KA Band 35.5

Discussion in 'Stories from the Front Lines' started by Mad Hatter, Jul 3, 2018.

  1. Mad Hatter

    Mad Hatter Learning to Fly Beginner User

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    Yesterday I passed by a Border Patrol SUV running C/O 35.5 (35.488 to be exact) on a desolate country road near Columbus New Mexico (“BFE”). First time I have ever seen any radar coming from a Border Patrol vehicle. Can BP enforce speed?
     
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  2. Bossdad71

    Bossdad71 Premium Member Advanced User MFG/Vendor Premium Member

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    their federal agents, ummm there is no federal laws for speeding, but heck idk.. @PointerCone
     
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  3. Mad Hatter

    Mad Hatter Learning to Fly Beginner User

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    Right?! It’s still the wild west down there so who knows.
     
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  4. romclean

    romclean MiNdLe$$ $ouL Advanced User

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    Another way to check for illegals on the border?
     
  5. Bossdad71

    Bossdad71 Premium Member Advanced User MFG/Vendor Premium Member

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    true, what are the illegals going to say, im turning you in for pulling me over for speeding. maybe the local sheriff gave them a deputy card so they can use that as p.c. to check cars out
     
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  6. oldcelt

    oldcelt lurking in the tall grass Advanced User Premium Member

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    another pretext for a roadside chat
     
  7. Bossdad71

    Bossdad71 Premium Member Advanced User MFG/Vendor Premium Member

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    true but wouldnt they have to have some kind of deputy card to have the authority to pull over a car for a state or city infraction
     
  8. oldcelt

    oldcelt lurking in the tall grass Advanced User Premium Member

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    that's assuming the *victim* knows to ask. (They probably won't ever actually write a citation anyway,..............but have the driver on the psychological defensive at the onset of the pullover) Border Patrol have a *schutzstaffel* (SS) mentality anyway. New York City (100 miles south of here) has NYPD (that's New York City PD, for you non-locals) patrolling the roads around the water reservoirs locally. They pull over and cite for DWI, speeding, tint violations, inspection stickers, you name it. Has ZERO to do with their stated mission (protecting the water )
     
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  9. Bossdad71

    Bossdad71 Premium Member Advanced User MFG/Vendor Premium Member

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    you should show them, go pee in the water lol @oldcelt btw it's nice to see you on here. love the emails make me smile
     
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  10. oldcelt

    oldcelt lurking in the tall grass Advanced User Premium Member

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    owe you a Happy B'day one, I'll be in touch
     
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  11. OBeerWANKenobi

    OBeerWANKenobi This is not the car you're looking for..... Intermediate User

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    I'm not sure how it works down there but up here sometimes people working for other agencies but still having law enforcement credentials are "deputized" by local departments. We have some game wardens for instance, who normally can't write trespass tickets here, that are deputized by a county to do so during the course of their work. They can also enforce speed and anything else a Sheriff could.

    Maybe there's something similar down south? It would be pretty convenient for the border patrol and the agency that "deputized" them. Then the border patrol would be able to enforce federal laws in it's general jurisdiction of 100 miles or so from the border and it could enforce state/county laws. It could stop someone for speeding and then go fishing for immigration related no nos.
     
  12. JustinP

    JustinP PSL +PSL Advanced User

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    They can do traffic enforcement on federal property, just like park rangers can etc
     
  13. MurrayB

    MurrayB Premium Member Intermediate User Premium Member

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    Maybe just another tool to detect vehicles they have no visual.
     
  14. DBMW30

    DBMW30 . Intermediate User Premium Member

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    I couldn’t find anything on their authority to conduct speed enforcement. And if your stopped you don’t have to consent to a search (see that last part mentioned at the bottom).

    Edit to add you can decline the search from an inner border checkpoint, not at the actual border.

    Here their actual authority on vehicles and modes of transportation searches.

    help.cbp.gov: Legal authority for the Border Patrol


    What is the legal authority for the Border Patrol to operate checkpoints and engage in other activities to detect illegal aliens in the United States?

    U.S. Customs and Border Protection's Office of Border Patrol is responsible for securing the U.S. border between the ports of entry.

    To do this, they use a layered approach that includes patrolling the border itself, (including the use of electronic surveillance devices), patrolling nearby areas and neighborhoods where illegal immigrants can quickly fade into the general population, and conducting checkpoints - both stationary and temporary.

    The authority for this is based on the Immigration and Nationality Act 287(a)(3) and copied in 8 Code of Federal Regulations (CFR) 287 (a)(3), which states that Immigration Officers, without a warrant, may "within a reasonable distance from any external boundary of the United States...board and search for aliens in any vessel within the territorial waters of the United States and any railcar, aircraft, conveyance, or vehicle. 8 CFR 287 (a)(1) defines reasonable distance as 100 air miles from the border.

    Two key court decisions affirm the authority of the Border patrol to operate checkpoints and to question occupants of vehicles about their citizenship, request document proof of immigration status, and make quick observations of what is in plain view in the interior of the vehicle.

    In US v. Martinez Fuerte (1976) the U.S. Supreme Court balanced the governmental interest in stopping illegal immigration against the Fourth Amendment's protections against unreasonable search and seizure, finding that only minimal intrusion existed to motorists at reasonably located check points, even in the absence of reasonable or individualized suspicion.

    In US V. Gordo_Marin, the U.S. Supreme Court also found no substantive difference between a permanent or temporary checkpoint.

    Border Patrol checkpoint case law has provided the basis for numerous other checkpoints beneficial to the public, such as DUI checkpoints, driver's license/proof of registration checkpoints, etc.

    Border Patrol checkpoints do not give Border Patrol Agents carte blanche to automatically search persons and their vehicles, other then in the manner described above. In order to conduct a legal search under the Fourth Amendment, the agents must develop particularly probable cause to conduct a lawful search. Probable cause can be developed from agent observations, records checks, non-intrusive canine sniffs and other established means. Motorist's may consent to a search, but are not required to do so.

    The Border Patrol protects the United States by interdicting terrorists, illegal narcotics, and illegal aliens attempting to egress away from the border area into the interior portions of our nations.

    If you wish to receive automatic updates to this Q&A, select "Subscribe to Updates" on the left side of this screen.


    Sent from my iPhone using Tapatalk Pro
     
    Last edited: Jul 3, 2018
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  15. The Only Sarge

    The Only Sarge 7 decades of hauling ass Advanced User

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    More dope,illegals in the trunk are found by Border Patrol/DPS/Sheriffs Depts via traffic stops that all other methods used.