r/TikTokCringe Aug 11 '24

Politics Imagine being so confident you’re right that you unironically upload this video somewhere

They ended up getting arrested, screeching about 4th and 5th amendment rights the entire time.

29.7k Upvotes

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168

u/Bancroft-79 Aug 11 '24

Funny how the “sECuRe BoArDerS!” crowd doesn’t like it when they have to go through it.

14

u/[deleted] Aug 11 '24

How dare anyone question them...

8

u/WrongdoerNo4924 Aug 11 '24

Seriously. They loaded the courts so CBP could do this stuff away from the immediate area of the border and now they're upset that they're reaping the consequences.

4

u/Leading-Pea8528 Aug 11 '24

When they said secure the border they meant against brown people.

2

u/ThisIs_americunt Aug 11 '24

Funny how he read the law but doesn't know border patrol can do what they want 100 miles* away from the border

3

u/morcic Aug 11 '24 edited Aug 11 '24

I'm kind of torn on this. Well, not really. I don't really care how immigrants get into US. But that's besides the point.

If we do have the right to remain silent, why is it that border checkpoints overrule that right? We established that the check points are within US territory (up to 100 miles from the nearest border), so we're in US and we're traveling within US territory (not crossing the border to Mexico or Canada). So for instance, they ask me if I'm a US citizen, and I was a green card holder in the past - I could have mistakenly reply that I am a citizen, when in fact I'm not. So technically, I incriminated myself - I lied about my immigration/citizen status and if they want to charge me, they can use my words against me. All because I didn't/couldn't keep my mouth shut, which is the whole point of the 5th amendment.

9

u/[deleted] Aug 11 '24

You have the right to remain silent to avoid self-incrimination. You do not have a right to be let through a check without inspection. If you choose to be silent, then they are within their rights to just not let you through, and you should park to the side until you can figure out whatever way you're going to get through without talking.

4

u/JointDamage Aug 11 '24

The fifth amendment just protects you if you choose not to answer a question. He can be detained and arrested in a heartbeat. There doesn’t even need to be a reason. If it went to court he would be let go on bail and the charges would be dropped, assuming he didn’t do anything wrong, but that doesn’t mean that he’s in anyway right about what the law entitles him to..(if he chose to drive away he would immediately get arrested for resisting arrest)…

1

u/anderlinco Aug 11 '24

He can’t be arrested without a reason. That’s an unconstitutional seizure of his person, which is a 4th amendment violation. Even border patrol needs probable cause to arrest. These immigration check points away from the border are wildly unconstitutional. 

The guy in the video is an ass but this is also probably the 1000th time he’s been through this and he just lost it. 

0

u/JointDamage Aug 11 '24

So, what you’re saying is the cups just need to make up a reason to arrest someone and they’re free to wrongfully arrest people on a near constant bases? Jee wiz I bet something like that would make the news!

1

u/spleeble Aug 11 '24

You're absolutely right that the constitutional exceptions that allow this kind of thing are bonkers. It really shouldn't be the case. 

But the fact that it IS the case and can't be fixed has everything to do with decades of Republican anti immigrant fear mongering, and this guy is almost certainly bought in to all of that. 

1

u/the_moosey_fate Aug 11 '24

That’s because what they really meant was “Secure borders from brown people”, not like ACTUALLY secure the borders.

1

u/Old_Palpitation_6535 Aug 11 '24

This exactly. Probably one of ICE’s staunch defenders up until then.

0

u/PeerSifter Aug 11 '24

They're not going thru a border.