Should the 4th Amendment protect you from having to answer questions at a border patrol check point? Joe’s guest Steven Anderson was roughed up my DPS and Border Patrol at a stop on I-8…did law enforcement do what was necessary or act inappropriately?
Here’s Susan Boyle…you might not think she’s all that attractive…but man does she have a voice…why do you think people dig her so much?
http://www.youtube.com/watch?v=9z0h1NNk1Ik
This pastor is not college educated according to his own website. That alone should shed some light on his stupidity
Look at this freaks other youtube videos. He has been trying to provoke the police time a time again. I can get a few little scratches on my face, not clean off the blood then claim that I was beaten. This pansy must have never been in a single fight in his life. When I was eight we took a heaver beating and we didn’t cry. As a christian it disgusts me that he is putting this nasty image of Christ before people.
If a person under arrest has a right to remain silent, why doesn’t a citizen minding his own business not have that right?
They are wrong to force people to answer questions, and they were wrong to use that amount of force. I believe an amount of force that can cause serious injury (such as possible blindness as a result of shoving somone’s face into broken glass) is defined as “lethal force” by THEIR standards. Is that amount necessary for someone that is not resisting and is already being tazed?
These agents just have an ax to grind against him b/c he stood up against them for his rights.
Steven Anderson is obviously a nut. Wow.
Man alive. That first woman caller is way off base. Because 9/11 we have to give up our rights for safety? She is in the wrong country. The Founding Fathers left us a free country because they GAVE UP SAFETY FOR OUR RIGHTS. America does need to wake up. This country is toast because everyone watches CNN and Fox News.
i think this guy is crazy. its not like they are asking “personal” questions. just a simple(vague) question. “where are you headed?” reply, “home to phoenix” “have a nice day” done. its not like they want to know exact details. i have drove through that same point several times and politely answer their simple questions. no problem. i am not asked to admit guilt for any crime, or detailed personal info. just a simple vague answer, “thank you have a nice day”
In respect to the Steven Anderson discussion, by LAW he did everything he HAD to do.
-He doesn’t HAVE to answer pointless questions.
-All he HAS to do is STOP, and wait till he’s allowed to pass.
The BP MADE-UP boogus claims of suspicion, just to allow themselves they’re little power-trip.
Steven, I totally have your back, and I hope your sacrifice helps push for a change in the BP.
To Joe: I’m done watching your crumby show…
Joe you are a complete fool. You are a discredit to the free people of The United States. You need to really read the 4th amendment. Regardless of what you think or say the 4th trumps all other laws. The constitution was written to protect all of us from tyranny and when people like you so willingly give up those rights it becomes a sad day in america. At no time was he being unreasonable for voicing his rights. The border patrol does need probable cause according to the constitution. Lets get this right first he was going from phoenix to san diego and he encounters border patrol? Is this a police state? Nazi germany? papers please? This is ridiculous american people have lost there way and all you people reading this better WAKE UP!!!! Steve I praise your efforts defending the constitution and my freedom
Joe, you really are a potted plant, man. You completely missed the fact that Steve had the right to remain silent. And the woman who brought up 9/11 is a lunatic, the fact that she got past your screener speaks volumes about the quality of your show. I feel sorry for us all, we allow the government to chip away at our freedoms for the illusion of safety and security. If Joe Crummey and the crazy lady are representative of the greater public, our country is doomed. Fight the power Steve. Repeal the Patriot Act and shut down the Department of Homeland Security.
In United States v. Massie, “during a routine fixed-checkpoint stop, border patrol agents may question individuals in the absence of individualized suspicion about their citizenship and immigration status and request documentation.” 65 F.3d 843, 847-48 (10th Cir. 1995). Furthermore, “agents may briefly question individuals concerning such things as vehicle ownership, cargo, destination, and travel plans, as long as such questions are reasonably related to the agent’s duty to prevent the unauthorized entry of individuals into his country and to prevent the smuggling of contraband.” Id. at 848 (citation and quotations omitted). Nevertheless, as a whole, the stop must remain brief, unintrusive, and must “not exceed the scope of a permissible routine checkpoint stop.” Id. at 849.
Regarding Mr. Anderson’s story -
I agree with Joe 99% of the time, but I think calling this guy ‘crazy’ repeatedly is ‘crazy’. I don’t think it is crazy to expect law enforcement to follow the letter of the law with exactness. I think calling Mr. Anderson ‘crazy’ is an uncharacteristically ‘knee-jerk’, emotion-based reaction for Joe.
For me it comes down to a probable cause argument, and this is a case where ‘nitpicky’ semantics can literally mean the difference between life and death.
Crux Question #1: Is ‘failure to answer questions at a border checkpoint’ probable cause for search and/or detention? If it is, then Mr. Anderson is in violation of the law. If not, then he should have been allowed to proceed, baring any other probable cause to detain him.
Crux question #2: Did the Border Patrol truly have probable cause to SEARCH Mr. Anderson’s vehicle and/or detain him. I think it is extremely fishy that the border patrol dog ’smelled a body or illicit substances’ in Anderson’s car only AFTER he refused to answer questions, but of course a subsequent search revealed that the grounds for that ‘probable cause’ were faulty (the dog had a very coincidental ‘false positive’).
It is alarming how easy it would be to manufacture probable cause after the fact. It seems that at least in a few cases, law enforcement unjustly manufactures probable cause ‘to teach them a lesson’ or ’show them who’s boss’. And at that point, average citizens have little recourse but to submit to the unjust probable cause search/detention and then fight it out afterward in court with a ‘police officer’s testimony against mine’ argument, and all the legal costs that go along with it.
So what a lot of people (including Joe, it would seem) are saying is ‘just take it lying down’ because it’s just not worth the hassle; ‘You’re CRAZY’ to refuse questioning (even if you’re not legally obligated).
The permissiveness of government intrusion on personal liberties is enabling their erosion.
what are boarder patrols 50 miles into the usa? that is not a boarder pretty soon they will be in indiana? just the way hitler would have wanted it.
Joe you should be ashamed of yourself, you’re a bum. He better sue and he better get 5 million dollars. If Rodney King got 5 million and he WAS a criminal, they only difference is Rodney was black and Steven is white. Joe you are not a conservative, stop faking.
They can stop you but they can’t search his car without probably cause or a warrant.
this is the constitution free zone as outlined by the ACLU
http://www.aclu.org/privacy/spying/areyoulivinginaconstitutionfreezone.html
as much as I disagree with them I seem to agree with them.
Jon said: “In United States v. Massie, ‘during a routine fixed-checkpoint stop, border patrol agents may question individuals in the absence of individualized suspicion about their citizenship and immigration status and request documentation…”
However, does that same court opinion say that the individual being questioned is required to answer? I’ll bet not, because if it did, then the court would be in violation of the fifth amendment, which is part of the supreme law of the land. (More supreme than the supreme court.)
P.S. Joe Crummey, I’m very disappointed and disenfranchised by your attitude. Either you’re ignorant of constitutional principles, or you’re willfully deceiving the people.
Don’t be morons. Do we or do we not have rights and are we or are we not a nation of laws and can the police now do what they please? Sure, he could of just complied but that’s not the point. Freedoms are never lost overnight but overtime. To us modernist it seems strange to see someone evoking their right; however our founding fathers would have done the same.
Hooray and hugs to Pastor Steve Anderson, our active military and veterans, Dads, patriots, those who believe in or support and/or who post in defense or support of them, our freedom, liberty, rights, the U.S. Constitution, and opposition to government (i.e. injustice system) abuse of authority, citizens, power and taxes!
Our government is civil servants who answer, serve, submit to, work for and are paid by us, not vice versa!!
The Border Patrol, Dept of Public Safety, DHS, FBI, highway patrol, Clintons, Obama, police, State of Arizona, Maricopa Co. Sheriff Joe Arpaio, most judges, many of our arrogant, complacent and corrupt government officials are guilty of abusing power, intimidating, oppressive, punitive, terroristic and treasonous actions under color of law, including undermining, violating and warring against the U.S. Constitution. Globalist, socialist, badge-kissers, politician-kissers, Taser-kissers and tax-return-lovers defend and support them and their abusive actions.
These domestic/internal checkpoints/roadblocks, the supposed illegal immigration policy, the War On Drugs, and the War On Terrorism are really a conspiratorial cover and deception to criminalize, dominate and terrorize the American population, steamroll and wage a War On The Bill Of Rights, innocent citizens and their liberty and privacy, and search and seize their personal information and property as they please!
Law enforcement agents are more hinderance than help. I’ve been harassed many times unnecessarily. I know of at least four crimes committed against me or my family for which the authorities hav failed or refused to investigate or arrest. I think their main agenda are to deceive and entrap (regardless of guilt or innocent), consume coffee and doughnuts, hold a double standard between them and the public about: asking and answering questions - obeying laws - the right to carry and use arms - and shining flashlights at you, to interfere in civil matters, intimidate with badges guns and uniforms, invade people’s privacy, occupy the public like an invaded military, obstruct justice, help raise revenue through citations and fines, spend (waste) tax revenue, suspect and detain and interrogate people as guilty until proven innocent, and to terrorize and torture with guns, Tasers, and other means. Citizens and taxpayers are their masters. Law enforcement agents are public servants, just as any other government employee or official. They are hired to protect and serve but don’t really care about citizens’ families, justice, liberty, privacy, property, rights, safety, sovereignty, truth, etc.
like We The People do !
There’s a double standard and like a taboo between law enforcement officers/personnel and the public about the right to carry arms and use them or other force for defense. “They can but you can’t.” When civilians fight back, otherwise use force or shoot a cop they get “the book thrown at them”, are condemned and reviled by all other cops, the whole justice system and society. When cops beat up, demean, dehumanize, humiliate, intimidate, murder, mutilate, shoot, Taser, terrorize, torture or traumatize people they usually are only put on temporary “administrative” leave and the incident is merely cursorily or nominally “investigated” or “reviewed” before returning to work as usual. In civil and criminal lawsuits the decision is often in cops’ favor. Courts are usually persuaded by cops’ evidence and testimony over civilians’. Abuse and corruption of power is so prevalent among cops and other government agents that they each should be considered just as another armed individual and potential threat rather than legal and reliable protection. In a group they can be as dangerous as, and should be considered as, a criminal or military organization.
Wow. This Crummey guy is an ass. Talk about not sticking up for the Constitution. Try reading it Joe Crummey because they are going to be coming after you. He did nothing but assert his rights for being a human and an American citizen. Crummey has gone on the offensive against a citizen in much the same way as the Border Patrol people. I know who I will not be listening to on the radio.
As a Christian and a conservative… I’m shocked at the behavior of this Pastor. According to his church’s website he has memorized a whole pack of scripture. I guess he didn’t get to the part about obeying the government as long as it isn’t asking you to behave immorally. Have any of you actually looked at any of his sermons? No… I didn’t think so. This guy thinks that male doctors who look a female patients while acting within their vocation, without clothing on, are perverts. Don’t believe me… go read a few of his sermons. I wonder what he thinks about the disciple the good Dr. Luke. My favorite is “He who ****eth upon the wall”. Yep…he’s the real deal alright. He has been looking for a way to get his 15 minutes of fame. He wasn’t looking to protect his rights, he was looking for a windfall of cash that you and I are going to end up paying for.
Before any of you think for a minute that I’m not a patriot, you best check my 20+ years of active Naval Service including my service in Desert Storm. We are at war folks. Get used to it. I detest the current administration. They are out to destroy everything we hold dear. But American’s will be shrieking and screaming in outrage if a terrorist slips across our borders and we just have a ‘ho-hum’ attitude about our security.
My husband and I live in AZ and I’m from California. We have driven I-8 many times. How hard is it to be courteous to a border patrol agent? I don’t like the fact that we have to live under a cloud of suspicion, but I’d rather cooperate with law enforcement to assist in keeping my country free from these thugs bent on our destruction, than make a political point over something this stupid. Answer the question. “I’m going to TimBukTu Officer”. The Bible commands us to live as peaceably as possible with others. I guess he missed THAT part of scripture as well.
You guys are turning this opportunist into a national hero. Do a little snooping on the web. Red flags everywhere…………………
@ Rod:
Portraying a nasty image of Christ!?
Christ never was in a fight in his life, he never defended himself, how can you possibly say that? It actually sickens me to be lumped into a group called “christians” think that this man is being unreasonable for standing up for his rights as a citizen and peacefully protesting. I don’t see where he has done anything wrong.