Nope, nope, nope. There are a number of exceptions to the Fourth Amendment. One exception is for border searches; customs has the authority to do routine searches without warrant or any cause for suspicion whatsoever at an international border. There are others, like searches incident to arrest, exigent circumstances (which includes Terry stops), and objects in plain view.

Is this the authority to search your vehicle or your person?

Is this the authority to search your vehicle or your person?

​Both (in fact, it frequently applies when there is no "your vehicle," because the exception also holds at international airports since they're effectively the same as an international border). It only covers routine searches, though -- customs can't strip-search you because you talked back to them and justify it as a border search, nor can they rip the floormat off your car and justify it as a border search (both those need probable cause and/or a warrant).

​Both (in fact, it frequently applies when there is no "your vehicle," because the exception also holds at international airports since they're effectively the same as an international border). It only covers routine searches, though -- customs can't strip-search you because you talked back to them and justify it as a border search, nor can they rip the floormat off your car and justify it as a border search (both those need probable cause and/or a warrant).

​Giving up freedom for security is a complicated thing. As it turns out, the TSA isn't exactly keeping us safe, and they're constantly abusing their power. But the fruit checkpoint guy doesn't seem to be having the same problem. 

If we followed the Constitution to the letter under every circumstance, the country would be a mess. I don't see anything wrong with a fruit checkpoint if its protecting the environment, since its the government's job to protect the people and the land. Its kind of like how the CDC can quarantine a person when they have Ebola. Is it against the person's constitutional rights? Probably. Same general concept as the fruit checkpoint guy. We shouldn't be willing to give up our rights, but we should accept that there are specific situations that the founding fathers didn't exactly have in mind.

​Giving up freedom for security is a complicated thing. As it turns out, the TSA isn't exactly keeping us safe, and they're constantly abusing their power. But the fruit checkpoint guy doesn't seem to be having the same problem. 

If we followed the Constitution to the letter under every circumstance, the country would be a mess. I don't see anything wrong with a fruit checkpoint if its protecting the environment, since its the government's job to protect the people and the land. Its kind of like how the CDC can quarantine a person when they have Ebola. Is it against the person's constitutional rights? Probably. Same general concept as the fruit checkpoint guy. We shouldn't be willing to give up our rights, but we should accept that there are specific situations that the founding fathers didn't exactly have in mind.

​Actually, this has nothing to do with the TSA or freedom vs. security. The border search exception is primarily for customs and immigration (i.e. regulating the flow of people and goods through international borders); TSA and customs are completely separate entities with different procedures, different laws, different functions, and different goals. TSA searches are consensual, because you can always choose to avoid them by traveling some other way besides flying. Border searches can be imposed even if there's no way to avoid them when entering the country (and US citizens always have a right to enter the US).

On the topic of the video - that guy is an idiot and Billy is awesome. I want to see more videos of Billy.

Edit: Just started from the beginning and noticed there are kids in the back. I REALLY hope they aren't his children. 

Edited June 9, 201510 yr by willpv23
Correction: kidS

so the moral of the story is... When life gives you lemons, exercise your constitutional right?

The title of the video is even better "Seim Refusing Fruit Nazi Checkpoint & Driving Away". What the hell is a fruit Nazi? Do they discriminate against citrus and send you to the juicer. Is this the sort of checkpoint Keith Lemon can't get through?

I have to give credit when credit's due. This killed me. 

On the topic of the video - that guy is an idiot and Billy is awesome. I want to see more videos of Billy.

Edit: Just started from the beginning and noticed there are kids in the back. I REALLY hope they aren't his children. 

​Oh yes they are, if you look at the guys other videos where he's in a car he has his family with him. It's a day out for them! It's like eye spy but they look for checkpoints. And they also play a game similar to wheres Wally?, but instead they look for (as to quote the title of the vid) "fruit Nazi's" 

No, it isn't. It's not a border checkpoint. It's not manned by a CBP worker. It's not even manned by a federal employee and not checking for any illegals. You're OP was mostly about how you're against  border checkpoint. The video was just random and had nothing to do with your statements. 

 

I've been civil through my posts, so I'm not sure why think I'm angry. 

No, it isn't. It's not a border checkpoint. It's not manned by a CBP worker. It's not even manned by a federal employee and not checking for any illegals. You're OP was mostly about how you're against  border checkpoint. The video was just random and had nothing to do with your statements. 

 

I've been civil through my posts, so I'm not sure why think I'm angry. 

​Its a state border. Still a border checkpoint.

Nope, nope, nope. There are a number of exceptions to the Fourth Amendment. One exception is for border searches; customs has the authority to do routine searches without warrant or any cause for suspicion whatsoever at an international border. There are others, like searches incident to arrest, exigent circumstances (which includes Terry stops), and objects in plain view.

​Of course, but this isn't an International border................. THAT'S the problem people are having with them. If I'm coming back to the States from another Country, I understand searches. But not if I'm driving to another State, from another State.

​Of course, but this isn't an International border................. THAT'S the problem people are having with them. If I'm coming back to the States from another Country, I understand searches. But not if I'm driving to another State, from another State.

​I didn't see that it wasn't an international border. My bad.

Why doesn't this guy just comply with the officer, instead of making it hard on others & this guy. The officer is not "infringing on the constitution" if this guy has a problem with these checkpoints, take it up with the dang government.

Anybody who thinks border patrol checkpoints are unconstitutional and illegal please do some research on the topic first. Took me five seconds and I found the case law where the Supreme Court ruled they are legal. Check United States v. Martinez-Fuerte.

Also they do have these kinds of checkpoints on the northern border. Probably not as many but why would you spend money and resources on a border that isn't as big of a problem? We don't have shit tons of Canadians trying to illegally cross into the US and the drug and weapon smuggling on the Canadian border isn't nearly as bad as the smuggling coming from the south.

I went through my first checkpoint near El Paso, TX somewhere. I told that guy who is boss. I said yes I'm a US citizen and thanked him for his service. Damn I'm a rebel.

so the moral of the story is... When life gives you lemons, exercise your constitutional right?

The title of the video is even better "Seim Refusing Fruit Nazi Checkpoint & Driving Away". What the hell is a fruit Nazi? Do they discriminate against citrus and send you to the juicer. Is this the sort of checkpoint Keith Lemon can't get through?

All this needs is a meme and it's perfect!

Seriously though I understand that some Americans like to exercise their rights but only the crazy ones do it a fruit checkpoint.

"ZE FUHRER DOES NOT TOLERATE FILTHY ORANGE SCUM!"

"HEIL STRAWBERRIES!"

"REPORT ALL PEOPLE GROWING ORANGES TO ZE GESTAPO."

I imagine that is what a fruit nazi would act like.