How to Handle ILLEGAL "Border Checks" [#borderchecks, #rights]

http://www.liveleak.com/view?i=b7d_1377692754#eOE1kJc927oT032t.01

This post refers to those "border checks" that are 75 or 100 miles inland.  On the real border that is a whole other story and they can do pretty much what they damn well please.  If you have never left the country, THE CONSTITUTION APPLIES, especially the 4th Amendment.  

You should never say more than this in a police encounter;

1. I know you are doing your job, but if you are not detaining me I'd like to leave.
2. I do not consent to any searches.
3. If I am not under arrest, I'd like to leave.
4. If you wont' let me leave I must assume that I am under arrest and I'd like to see a lawyer.

If he says he is detaining you, like this goof, he needs to have "reasonable suspicion" and it has to be "articulable."   If he can't put it in words, because she is not breaking any laws, then at this point he unlawfully detaining her, or has put her under unlawful arrest.  This goof doesn't know the law and for sure is ignorant of the 4th Amendment.  At this point HE is the one committing the crime and should be held accountable.

The girl should definitely file a complaint and this punk needs to be sued for unlawful detention.  He even said/admitted he was detaining her, and that is unlawful without a reason (of reasonable suspicion). The second guy says "he doesn't know" why she is being detained and that is why (with absence of a legal reason) he let's her go.  And, she shouldn't answer any of his questions about her dad or this home or that home.  That's a big mistake.  Just keep repeating if I am not under arrest, I'd like to leave.  If you don't let me free, I must assume that I am under arrest and I'd like to see a lawyer.   That punk knows she's American and he's on a power trip. Bottom line, if you are NOT under arrest you don't have to answer any questions other than your name (as per the Hiibel decision) and maybe not even that.

Think about it, you have the right to remain silent when under arrest.  You do not have LESS rights if you are NOT under arrest!   You don't have to say a damn thing.

Just give your name, say I don't consent, and "if I am not under arrest, I'd like to leave."

She should have said, if you are detaining me, then I must assume that I am under arrest, and I would like to remain silent and have a lawyer present.

Here's two great videos on this subject;

https://youtu.be/ok3Kh8726m8

https://youtu.be/yqMjMPlXzdA

*This is NOT legal advice nor am I a lawyer.  This is an opinion.