Border check station

[sookandy]

For work I was dealing with a repo in San Diego, trying to price it out I was looking at the car and asked the guys what the heck happened to this one. Border guys had cut the bumpers in half long ways and tore off every panel and all the carpet. We had no recorse for what they did to the car and had to sell it like it was.

[CC Italian]

Like I said hirundo82. You technically don't have to show them your CHL this has been talked about over and over again because they are not peace officers and magistrates. I just knew somebody was going to call me out on that. I do like that Texas code of criminal procedure. I also wondered what that law was worded under. Like gigag04 said "As a courtesy show both". When I was referring to "laws changing" I meant just because they are federal doesn't mean they are going to have some kind of special law that voids all Texas laws. As for showing them your CHL, I would!

[C-dub]

The few times in my life I've rolled through a BPC I was never even really stopped. They just looked at me and waved me through.

So, I'm not legally bound to show my CHL to a BP agent. However, I'm also wondering if they actually have any authority over me at all if I'm a US citizen and not crossing the border returning to the US?

[CEOofEVIL]

Maybe someone from down El Paso way will correct me, but I've been through that station east of El Paso numerous times (but not in the past 5 years) and I recall it being clearly marked as an "Agricultural" checkpoint.

Hmmm, last time through I didn't notice any signage indicating it was an Agricultural CP. Which I've always found odd, as the only times I've ever been asked if I had fruit or what not in the vehicle, were times when I was actually in CA or AZ. ::shrugs::

The other CP around El Paso is on the way to Alamogordo, NM. Same with that one to my knowledge. Last time I went through that one was with another buddy whom I was going shooting with in the mountains. Agent was nice, and saw the gun cases and just asked if we were going hunting. Again, no big deal, but the questions were more indepth (didn't ask for ID or anything). I always have to resist the urge to want to pet the Service Dogs (ususally German Shepards/Malinois) cause' their so darn pretty .

[Jumping Frog]

If we have readers out there who might be tempted to follow this advice at a border check station,

If I am actually trying to cross a border into the US, sure, I expect to prove my identity. However, my attitude is different when I am stopped at an interior checkpoint, some of which are 25 to 75 miles from any actual border. I still have the right to not answer questions. If we never exert our rights, we lose them.

[Slowplay]

If we have readers out there who might be tempted to follow this advice at a border check station,

If I am actually trying to cross a border into the US, sure, I expect to prove my identity. However, my attitude is different when I am stopped at an interior checkpoint, some of which are 25 to 75 miles from any actual border. I still have the right to not answer questions. If we never exert our rights, we lose them.

I think that ship has already sailed. The border zone is considered a "Constitution Free" area and Customs and Border Patrol folks will treat it that way. They can stop you, tear your vehicle apart, interogate you without counsel, and then tell you to grab your dismantled/broken property and hit the road. Even when they discover their efforts were fruitless, don't expect an apology.

The best you can expect is to complete a "Claim for Damage, Injury, or Death" form (was Standard Form 95, OMB No. 1105-008, not sure if it's changed) and wait over a year to be reimbursed for repairing the property they damaged. Btw, you don't have to be exerting any rights to be subject to search and interogation (although that might not help your odds). It could be a simple mistake by them (looking for someone/something else that matches you, your passengers or vehicle).

[speedsix]

...we can get treated that poorly in another country...yet they treat illegals and immigrants like kings here...and we're payin' their salaries...is somethin' wrong here?!!!

[hirundo82]

...what a surprise!!! how'd you come across this little snippet???? looks like ICE is covered...is ICE under Homeland Security? this doesn't seem to cover any other types like ATF, FBI, ETC...nice to know...

Most of the common federal alphabet soup agencies are covered under that statute; I just did some judicious trimming to only leave the part relevant to this thread. The full statute is here if you're interested.

[speedsix]

...thanks for the cite on the site...quite!!!