then finally, ~~~~BOOM~~~~ had to let me go. Have a good night officers, culeros!
Exactly right- they either have to let you go, or arrest you. The thing to keep in mind, however, is that your refusal to consent to a search can be presented to a Judge as probable cause for your arrest, which basically exonerates them from facing a false arrest charge if they do take you into custody and still find no criminal evidence on you or in your car, so in circumstances like Joe's where they get all pissed off, then finally let you go, count your blessings and consider yourself lucky- because this is still a situation that can go either way. If they choose to arrest you, they have 72 hours available to hold you before charges must be filed (during which time a corrupt cop could "find" all kinds of contraband in your vehicle. Plus, and within that same 72 hours, they could also very easily put you before a Judge and he (or she) can wave their hand and rule you in contempt of court, and suddenly, you are incarcerated for as long as the court deems appropriate without a criminal charge ever being filed... You can be held in contempt of court for DECADES if the Judge decides not to clear the contempt charge. This is essentially how they kept Martin Armstrong in jail for SEVEN YEARS without a criminal charge, prosecution, or sentence ever being levied against him (paste "Martin A. Armstrong" into Google to read his story- it is both fascinating, and terrifying)
Bottom line, if the system wants you in jail, and enough members of the system corraborate with each other, then you could disappear from society for a long time over what started out as a very simple traffic stop.
I'm not saying anything like this is LIKELY to happen you; I am only saying it is POSSIBLE.
Knowing your rights is only half the battle- you also have to know what the law entitles them to do if you are uncooperative, and it can get pretty scary.
In saying all of this, I have to admit I know absolutely nothing about my rights near the border. Those guys scare me and from everything Ive heard and read it seems like they have the right to do whatever they'd like. My question to ~~~~007~~~~ `````ROGER```` Moore is, does the Border Patrol and or Customs have the right to a search of the vehicle ~~~~WITHOUT~~~ consent INSIDE AZ? I know they can search a vehicle without consent ENTERING into the USA from MEXICO but can they search without consent inside AZ either going North or South?
This is what the FAQ on borderpatrol.com says about that:
"When a Border Patrol Agent has "reasonable suspicion" that you are an illegal alien or that you were or are engaged in "criminal activity" then he can "stop" you. This "detention" can last for a reasonable time while the Border Patrol Agent conducts a lawful "investigative activity" to quickly confirm or dispel their suspicion."
So, the short answer to your question is No, they can not search you, or your property, on US soil without your consent unless you are a criminal suspect under arrest. Your rights are the exact same as they are within Phoenix or Tucson.
However, with one phone call to Mexican immigration (which they certainly have on speed dial), they can certainly make sure you are stopped again and checked 200 feet later on the other side of the fence (and under the shield of a far more oppressive legal umbrella to boot).
Of course, you are a free person because you have the power of choice as to which side of the border you choose to be searched on, right?
Here is more on what constitutes "lawful "investigative activity" as defined in the clause above (also copy/pasted from borderpatrol.com):
"The Border Patrol Agent will engage you in "consensual conversation". "Consensual conversation" is not interrogation. Consensual conversation is ...
conversation. "Good morning, how are you, that's a nice gun you have in your pocket", are all simply one side of a consensual conversation, but in polite society they do require that you make some verbal response. While the Agent is having this consensual conversation with you you are -- essentially --
detained. You and your vehicle cannot leave. It is very important that you do not attempt to leave. Leaving the Agent without his permission will almost certainly be met with what is called in the vernacular of the profession a "Dynamic Apprehension". Civilians might call it ….. a chase and a tackle. "
It all still relies on consensual interaction between the individual (you) and the agent of the State.
(notice the word State with the Capital "S"- there is a HUGE legal difference between a state (defined as a particular condition that exists at a specific moment in time) and a State (which is essentially a corporation that wants to separate you from your individuality as a person and classify you as a "citizen" aka "subject" aka "peon" aka "serf".
From this point on, Alice's "rabbit hole" drifts into how and why US citizens have not been classified as "free and sovereign individuals" ever since Congress passed the 14th Amendment, which established the USA as a Corporation, and legally defined the "US Citizen" as subjects protected by a common Sovereign based in the newly formed "District of Columbia". The 14th basically converted slave owners into "serfs" rather than converting slaves into "free people".
I realize I'm probably drifting into what most people think is crazy conspiracy theory at this point, so I think rather than writing anything else, I will end here, and encourage everyone to do their own research and formulate their own opinions...
