How to Refuse an inland Checkpoint

 

All suspicionless checkpoints 100% illegal. We must refuse them.

 

Read details about this stop here: http://callmegav.com/2014/03/congress….

You can also get some tips for filming police and officials on this post: http://callmegav.com/2014/05/tips-fro…

CHECKPOINT TIPS:

– Relax, sometimes we have to stand up to stay free. Now is the time

– You will be nervous. It takes courage to stand up to bully and it’s not without any risk, but it’s worth it.

– Do not answer citizenship questions. It’s all about making you comply.

– If you wish to speak to them make eye contact and ask “Am I being detained – Am I free to go. You can banter if you want but you don’t need to.

DO NOT pull over to secondary. When you are in the road THEY are under pressure. If you pull over they can just ignore you and make you wait. They win.

Talk to the camera. You can also talk to the camera and pretend they are not there. This throws them off and can also help you stay clear headed.

– You have the right to remain silent.

– Lock the doors, put it in park and wait. Keep the camera rolling.

There is a lie being spread that treating disrespectful behavior with open disdain is to disrespect authority — In truth rebelling against the rule of unjust law in order to oppose tyranny and immorality is by action to show utmost respect for law, order and justice. It is and always has been the epitome of human courage.

Question and challenge government all the time — Otherwise they will trample you every time. The idea that we must me patriotic of the State itself rather than the freedom we hold dear is a lie.

Gavin Seim

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DETAILS ON THIS STOP:

We are being stopped at an in inland checkpoint near Alamogordo New Mexico. This is not a border crossing of ANY kind – http://twitter.com/gavinseim – http://seimstudios.com

I also posted the video to FB.. http://on.fb.me/10LJweX and Vimeo… http://vimeo.com/63508451 in case it gets removed from here.

I am traveling the US with my family on a three month road trip (http://bit.ly/Wu2Gq0). I value your freedom and mine and I’ve had enough of the tyranny – Maybe I’ll run for Congress next year. I’m not joking, I am fed up.

We must stand for freedom, else we WILL lose it. More about this stop on our blog as well as alternate video sources… http://bit.ly/122V8O5

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CHECKPOINT LAW:

United States v. Martinez-Fuerte

Government surfs love to cite this one – In reality the 4th amendment of the US Constitution is supposed to protect us from stops like this. Here is what the court said.

“While the need to make routine checkpoint stops is great, the consequent intrusion on Fourth Amendment interests is quite limited. The stop does intrude to a limited extent on motorists’ right to “free passage without interruption,”While the need to make routine checkpoint stops is great, the consequent intrusion on Fourth Amendment interests is quite limited. The stop does intrude to a limited extent on motorists’ right to “free passage without interruption..” – United States v. Martinez-Fuerte, 428 US 543 – Supreme Court 1976

While the Supreme Court ignored the Constitution in regards to these checkpoints that does not mean we have to comply and certainly does not mean they can detain us without cause. In my option is was tant amount to treason as they admitted that this was a violation bit allowed it anyways.

“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety” – Benjamin Franklin.

Free nations don’t have arbitrary check points.

 

 

Comments

I cannot believe, that they told you you’re being detained because of the US Constitution. How ridiculous is that!!!!
The way the officials acted PROVES 100% that they KNOW that these checkpoints are unlawful. Period. Because, if the reverse was true, he would have been FORCED to stop, even if guns were needed.
I liked how you were talking to the camera, explaining the situation before ever saying a word to the border agents. Making sure they knew they were being videoed, and that they heard that you knew this checkpoint was constitutionally illegal. 👍🇺🇸 outstanding
Wow. I’m an Arizona resident and have been through many of these. Things have changed a LOT in 8 years and I commend auditors like you who have the guts to exercise your rights. Thank you. I’ll admit that I don’t have the willingness to do what you do, but people like you help the US not slide too fast (it’s inevitable that it is coming) into a police state.
You got lucky man.. I 100% agree what you’re doing and I thank you for standing up. But they are cracking down on stuff like this.. my father and I spent a week in jail and thousands of dollars for doing the same thing (exercising our rights).
Every time law enforcement realize they are not in control… Their heads literally explode.
Thank You! You have no idea how helpful and informative your videos are to ppl who are unaware of our constitutional rights such as myself so i Thank You for broadening my knowledge on these sad but true facts we are currently now living through in this corrupt “justice” system! I wish i would have recorded a few months ago i was tazzed for no reason at all but if i had the knowledge i now have of my rights thanks to your videos i would have been able to take matter into my own hands in a very different way and that officer would have payed for his violent act on me for using exessive force for no reason. Ga police is beyond RASISCT and CORRUPT!
the look on that border agent’s face as soon as the driver started talking haha
As a black man….I’d be scared as hell to try this.
Just to let you know, you do NOT have to tell them you’re even a US citizen. I am not a US Citizen but am legally in the US on a green card, I’d never let them hassle me like that. Not without probable cause, which is not driving on the road.
They ran his license plate to find if he is not on the homeland security list. When you buy or lease a new vehicle the dealerships have to report it to homeland security and check with them to see if you are allowed to purchase the vehicle.
I commend you for doing this. My children are TERRIFIED of law enforcement, and my pregnant girlfriend, was (just this week) arrested on a clerical error, on our sheriff departments’ side.
They ran your plates .. they knew you were an American, I don’t think DHS is as egregious as PD’s .. everyone who is tasked with dealing with ‘criminals’ or ‘illegals’ or whatever, is trained to be ready for action and belligerent attitudes trigger hostile reactions … I completely agree with auditing, and impolite and belligerent police deserve to be punished just like the people they impose their over reaching behavior on would be punished .. cops are not above the law, in fact, they should be held to a higher standard .. the days of cops beating people just because they are a-holes is fast fading … But picking a fight with DHS is dumb, the agent who said you were being detained because of the Constitution was obviously thinking as a DHS (immigration) agent, not a local cop , they aren’t local cops or state troopers, and they’re trying to deal with a problem that is way out of hand .. so I think your video in this case was you being stupid, and I’d rather have that agent have my 6 than some armchair protester who’s just trying to be a sensationalist and make a couple of bucks on YouTube, without any real analysis… or concern for anything except their ‘mantra’… go after the dirty cops and leave DHS and INS alone unless they are dirty too… they are trying to interdict problems, not bully you.. as soon as they ran your plates they let you go, they don’t want to deal with your juvenile attitude..
Btw, I don’t think you were being “pushy” at all in this one. The problem lies in the fact that those ‘enforcers’ are so used to imposing bullying tactics upon people and getting away with it that it has become acceptable in their eyes, as well as the general population who encounter them.
I believe you were subjected to a search that you were unaware of. These days there are technological means of searching your vehicle without the need for you to leave it. So your rights may have been violated unknowingly.
Interesting read from an interior border check point wiki: Constitutionality Internal checkpoints have also been criticized for violating the Fourth Amendment to the United States Constitution which prohibits “unreasonable searches and seizures”, although The United States v. Martinez-Fuerte has affirmed their constitutionality. The U.S. Border Patrol has stated: “Although motorists are not legally required to answer the questions ‘Are you a U.S. citizen, and where are you headed?’ they will not be allowed to proceed until the inspecting agent is satisfied that the occupants of vehicles traveling through the checkpoint are legally present in the U.S.”[17]
I live in Washington state, it’s shocking to see this (among other things) happening here, thank you for your work and efforts.
Coming back from Nevada I refused to let an idiot and angry border patrol guy board my #VanLife van. He told me they would detain me all day. I told the dude I wasn’t on a schedule, lol, and turned off the ignition. After 15 minutes, they told me they must board to see the contents of my refrigerator. I told them no, again. But I told them I would happily pull out both baskets contained on both sides of my fridge, and put it on the floor so they can see. They told me to do so, and as soon as I opened the top-loading fridge and pulled out the first basket, the guy told me to forget it and slammed my slider shut. Then he yelled through my open driver’s window to hurry up (putting the basket back in the fridge) or he would arrest me for trespassing. When I was done and got back up front and buckled up, he told me they called the State Troopers and I would be pulled over and arrested within the next few minutes. I told him I would just pull up, into the inspection area and wait for them and talk with them when they arrived. Then I told him I knew he did not call the State/Highway Patrol. Then he says “Just get the f*ck out of here, *sshole.” I let him know my DashCam had filmed all of this. I laughed at him, told him to be nicer to everyone, and to have a nice day. I did not get pulled over of course. #ScareTactics PS: You also don’t have to show any employee or security guard your receipt when leaving a store (WalMart, Costco). Just politely say “No, thank you.” and exit the store with your purchases.
So… seeing the kids in the back and not wanting to traumatize them, the BP simply ran your plate, Identified you against the DL photo of the cars registered owner.  Confirmed you were at such and such check point at such and such time with their video camera. Confirmed you’re a citizen, then let you go. Not sure what you think you accomplished, they got everything they were looking for.       Now what I’d like to know is, are you now on a no fly list? BTW Random border check points are allowed 100 miles from the border.   
I’ve never lived in the US, but I can piece together that the border agency has the authority to establish inland check points and detain people until they establish the person’s citizenship. However, the person does not have a duty to answer questions about their citizenship. The irony is not lost on me, that this whole check point process is designed to lead to a Mexican standoff.
In Canada they’re allowed to go against the Charter according to the supreme court as long as they follow a set of rules. So unfortunately on my end I have to comply and show them my information for NO REASON. To actually be allowed to breach the Charter makes no sense to me. I hardly ever see them where I live at least luckily.
I see what your getting at but that going at your own pace at the end just wasn’t necessary man. You had got your point across, got out of there without answering questions and made them look like idiots so to go at a crawl at the end just pisses people off even someone like me who can’t stand authority or police, that last little bit was a dick move. You would get alot more support if you didn’t try make every stop an argument. You start off fine then if your not getting the reaction you want you start acting like a child. I realise views = $ but if you do these things with a bit more tact and class you could actually really achieve something very positive and powerful!
These guys are just following orders, if they where a family of color they would of pulled them over. You’re not supposed to racially profile but they do it. And yes if the tires are flatten, he will pay for them thru taxes he’s putting in anyways. I’ve driven thru this check point 100s of times, These BP agents are actually nice guys. This guy is just an instigator. He proved nothing. Once these guys see you’re a regular , they tend to not bother with the question. I had a friend not answer once, they pulled him over and took plenty of time checking vehicle and back ground just to irritate him at another check point. Im sure they’re trained to look for certain “things” like accents, crappy vehicles, attitude etc.

Defense attorney Robert J. Campos demonstrates how to assert your legal rights at a border stop #2

This is an interview of Jess Torres, a former Arizona D.P.S. Highway Patrol Officer and former Scottsdale City Police Officer. This video helps explain more in depth what occurred when we were both stopped at the “border” inspection station just north of Tubac, Arizona.

Many viewers had questions about the stop and thoughts about what we should or should not have done. Some believed that it was error for us to proceed to the secondary stop area. Others believed that I should never have exited my vehicle. I had a lot of viewers wonder if Jess spoke to the Agents and that is why we were allowed to proceed on our way.

I am aware that there are other videos where people take a very aggressive stand and refuse to move to the secondary stop area or refuse to get out of their vehicles. I have had people comment that I complied too easily and that, in effect, I “lost” the encounter with border patrol. My video was not intended to display a “victory.” It is intended to show how to assert your Fifth Amendment Rights and that as citizens we do not have to comply with illegal orders. The law is never black and white. There is a lot of grey area when it comes to the scope of the stop and the time border patrol can keep you detained. These issues have not been fully litigated before our Supreme Court. However, I do not recommend that a citizen ever physically resist a command by law enforcement.

All I ask is that you please do some homework and not blindly accept that these “border” stops are a legitimate efforts to stop illegal migrants or that it works. I have been a prosecutor and defense attorney for 31 years and I have seen how law enforcement can abuse its authority if we let them, and do not speak out. I respect police officers, but we also deserve respect as citizens.

These border stops are an excuse to conduct drug interdiction. The Constitution provides that a person cannot be stopped unless an officer has a reasonable suspicion that a crime has been committed. These stops allow everyone to be stopped without any stated reason. But you still have the right to refuse to answer questions. Jess answers many questions about what is really going on at these “border” stops. Remember, we are not near an actual border.

For those of you who believe that these stops are working, I ask that you read the articles that I have attached below. Currently, as of April 2019, border patrol is busing migrants straight to Tucson, which is just north of this stop, and dropping migrants into the city. Which begs the question of why even bother to stop people and ask the ridiculous question, “Are you a citizen?” Is it so that border patrol can then give you a free bus ride into the city?

The ACLU has attempted to get statistics from the government on the effectiveness of these stops. The government refuses to provide any information. But I have attached a good article about this issue and what a federal magistrate thinks about the government’s position.

Border patrol agents have abused the rights of citizens and mistreated many people at these stops. I have attached an article about a minister who was severely beaten. He won his court case and the judge and jurors all applauded his brave decision to assert his rights. Our own former Governor, Raul Castro, was stopped, detained and mistreated.

After 31 years of courtroom litigation, I firmly believe that the government will strip away your rights if you fail to assert your Constitutional Rights. I am aware that it is much easier to just go along. But this is a dangerous precedent to set. I decided to assert my rights. Every American must make their own independent decision.

Let’s talk about the South Dakota National Guard and the missing point….

No Governor who participates in this political stunt can be president.
If they become president and get in a scandal, they will deploy troops to change the story.
This may seam like a “harmless” political stunt now, but if they become president, troops will come back in body bags.

“Hatemonger”: Author Jean Guerrero on Stephen Miller, Trump’s White Nationalist Immigration Henchman

A new book on Stephen Miller, the architect of the Trump administration’s unprecedented attack on immigrant communities and the immigration system, describes the White House adviser as a dangerous man bringing white nationalist ideology to the highest levels of government. “This is what shapes the immigration policy,” says Jean Guerrero, author of “Hatemonger: Stephen Miller, Donald Trump, and the White Nationalist Agenda.” Miller, descended from Jewish immigrants, has been obsessed with fighting multiculturalism since his teenage years and has steadily climbed the right-wing political ladder to become one of Donald Trump’s most trusted associates. He is credited with many of Trump’s most vicious anti-immigrant policies, including separating immigrant children from their parents. “Stephen Miller primarily has been targeting families,” says Guerrero. “It becomes clear that for Stephen Miller, this is not about national security, this is not about keeping out criminals. This is about reengineering the ethnic flows into this country to keep Brown and Black families out.”