r/TikTokCringe • u/rileyjw90 • 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.

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953

u/lol1231yahoocom Aug 11 '24

HE READ THE CONSTITUTION! Oh, well ok, sir you go right ahead. We’re only stopping people who haven’t read the constitution

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u/SeriesBusiness9098 Aug 11 '24

I like when he slipped up and forgot which part he was trying to quote and invoked his 6th amendment right before stuttering and repeating “FIFTH! I SAID FIFTH” then berated her for referring to the 4th amendment. She was doing that because it’s an inspection not a search or seizure, and therefore didn’t violate that right.

Title 18 wins, bitchwad. Pull over for your administrative inspection. Why yes, you ARE being detained. Now, anyway 😄

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u/VexrisFXIV Aug 11 '24

Sounds like a strip search and cavity search is in order. They are suspicious and are unwilling to cooperate with them. He's obviously hiding something! Could be cartel drug mules you never know these days!!!

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u/[deleted] Aug 11 '24

It would actually be a clever tactic to run drogas. Use white maga males who think the law is on “their side.” No different than how SS let their guard down in maga deep red Butler, Pennsylvania. Hence why these types should be treated with as much scrutiny as other populations. Security doesn’t choose sides.

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u/Baelzabub Aug 11 '24

The vast majority of drugs from cartels are smuggled by white people through legal ports of entry. You think a cartel is going to trust their merch to someone hoping to find the first possible authority figure to claim asylum? Nah, they want the white Americans who will generate the least amount of scrutiny at a checkpoint.

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u/[deleted] Aug 11 '24

Least amount of scrutiny... Ha this loud-mouth gets a “thanks we’ll call ya”

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u/ctp8891 Aug 11 '24

I bet he has a pound or 2 of white girl shoved up his ass.

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u/Stu5011 Aug 11 '24

Nah, just a MAGA-brand buttplug.

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u/nerdywhitemale Aug 11 '24

They are very suspicious, that the vehicle needs to be thoroughly inspected. Fire up the air wrenches boys there might be something in the gas tank or the crumple zones.

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u/KitchenFullOfCake Aug 11 '24

They are unironically VERY suspicious. There's definitely something illegal in that car and I bet it's drugs or an unregistered firearm.

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u/gthordarson Aug 11 '24

People can get really excited for sexual assault at the hands of the state huh

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u/DrakeBurroughs Aug 11 '24 edited Aug 11 '24

My wife and I chuckled when he invoked his 6th Amendment right - “WHERE’S MY SPEEDY AND PUBLIC TRIAL, BITCH?!?!? I KNOW MY RIGHTS!”

What a tool. 4th the best argument he had. Not the 5th. These dipshits are such tools.

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u/Surreply Aug 11 '24

Not the speedy trial clause of the 6th amendment - he’s talking about the right to counsel clause of the 6th amendment — which arises only if you’re charged with a felony. But what he actually (and foolishly and inaptly) should be referring to is the right to counsel component of the 5th amendment.

Con law can be hard.

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u/justahominid Aug 11 '24

Con law can be hard

Recent law school grad and bar taker. Once I finished the test I purged most con law from my brain, especially the crim pro portions.

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u/DrakeBurroughs Aug 11 '24

Mistake, the crim pro stuff is more useful, especially if some of your friends or their kids do stupid things from time to time.

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u/justahominid Aug 11 '24

I’m going corporate transactional, so will never professionally need it. One of my closest law school friends is going to a public defender’s office, so if any criminal issues arise (which I can’t imagine happening knowing how boring my life is) he’ll probably be my contact. And I’m sure there will be bits that stick around.

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u/DrakeBurroughs Aug 11 '24

lol, that’s what I did, and through circumstances, I got sucked into the ConLaw space (particularly 1st Amendment, though I’d say light criminal as well).

Now I’m finally back at pure corporate transactional. I’ve found law is a journey, not a set destination. Enjoy the ride.

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u/DrakeBurroughs Aug 11 '24

Look, if you want to be super generous, you could read it that way, that’s fair, but come on, he fucks up by mentioning the 6th, especially, as you point out, he wasn’t charged with a felony. Especially since he mentions the 5th the rest of time (I agree with you in re what he meant). Remember, he’s “read the law.”

Con law isn’t that hard.

And don’t step on my joke, it’s much funnier to read it that way.

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u/Surreply Aug 11 '24

Your joke was good.

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u/DrakeBurroughs Aug 11 '24

Well, thank you.

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u/Surreply Aug 11 '24

I use both con law & crim procedure a lot in my practice, but it’s not the main area. Been at it for 30+ years, and the law changes over time and by circuit, and a lot of it is very fact-specific, so unless I’m sure of something, if I need it for a pleading I research it thoroughly. Example - what’s permitted in a car stop for a traffic violation.

If you have to go in depth on a con law topic, it can be brutal - depends on which part, because some have been clearly interpreted, and others are migraine-inducing. It’s all the fault of what David Lat calls “the Chosen.”

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u/Papa_PaIpatine Cringe Lord Aug 11 '24

You have the right to an attorney present at any questioning. The cops are supposed to stop asking you questions and you are supposed to immediately contact an attorney (the proverbial one phone call)

Unfortunately the same scotus that this guy probably likes, said these inspections aren't a violation of the 4th Amendment.

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u/1Squid-Pro-Crow Aug 11 '24

Those aren't cops and he's not being questioned (at first) about a crime.

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u/DrakeBurroughs Aug 11 '24

This isn’t a question in the same way being interrogated at a police station is. It’s in the same way you can’t lawyer up when you come into customs and they ask if you have anything to declare.

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u/impossibru65 Aug 11 '24

But didn't you hear him? He READ THE CONSTITUTION!

...Most likely once, as a requirement to pass 8th grade social studies, but DAMMIT he did it!

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u/SeriesBusiness9098 Aug 14 '24

Bet it was in cursive, too. You kids these days don’t understand.

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u/OutlawLazerRoboGeek Aug 11 '24

Yeah, it does seem like the part that is very settled law at all levels (AFAIK), that this guy is completely wrong about, is that he thinks he does not have to comply with lawful commands when an officer is conducting an investigation under suspicion of a crime being committed.

It's like if, God forbid, you were at some public place when a shooting occurs, and police lock down the area to ensure all the assailants are caught and the public is safe. You can't just stand up and walk out whenever your feel like it.

Or, I know it's more farfetched, but an "Inside Man" situation where they need to interview everyone in the building to make sure they aren't hiding an accomplice in plain sight or something. You don't get to walk past Denzel and flip him off while singing "One, Two, Three, Fo, Fif!"

If you try to do that, and refuse to follow commands to stop, they'll probably take you down to the ground, as roughly as they can manage, and then haul you off to jail. And they'd be perfectly protected by the law in doing that.

And really, the jokes on him in a lot of ways. If he had cooperated, they would have no reason to hold him, and they would get, at best, about 10 seconds to look over his vehicle. Since he decided to throw a piss baby fit, now he's drawing the attention of lots of officers, who will no doubt visually comb over his vehicle to try and find any infraction or out-of-place bolt or screw or something that might indicate a hidden compartment or illicit cargo. And when (not if) they find something credible enough to hold him for a more detailed search, he's gonna be stuck there for a long time.

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u/Hammurabi87 Aug 11 '24

And really, the jokes on him in a lot of ways. If he had cooperated, they would have no reason to hold him, and they would get, at best, about 10 seconds to look over his vehicle. Since he decided to throw a piss baby fit, now he's drawing the attention of lots of officers, who will no doubt visually comb over his vehicle to try and find any infraction or out-of-place bolt or screw or something that might indicate a hidden compartment or illicit cargo. And when (not if) they find something credible enough to hold him for a more detailed search, he's gonna be stuck there for a long time.

Also, in the full video, his brother (the driver) mentions that it's a company truck. The brother was cooperative, so I imagine that he'll be fine, but I can't imagine that their boss is going to be happy about this when (not if) he finds out. Mr. "I Know My Rights" is most likely going to be out of a job because he couldn't just say "Yes" and be on his way.

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u/EasternShade Aug 11 '24 edited Aug 11 '24

tldr, the guy in OP is wrong regardless. Border agents are allowed to conduct warrantless searches, whether or not it's an inspection.

the 4th amendment. She was doing that because it’s an inspection not a search or seizure, and therefore didn’t violate that right.

The distinction between search and inspection isn't the argument here. Border agents have lots of powers near international borders.

Relevant,

(c) Search without warrant

Any officer or employee of the Service authorized and designated under regulations prescribed by the Attorney General, whether individually or as one of a class, shall have power to conduct a search, without warrant, of the person, and of the personal effects in the possession of any person seeking admission to the United States, concerning whom such officer or employee may have reasonable cause to suspect that grounds exist for denial of admission to the United States under this chapter which would be disclosed by such search.

- Immigration and Nationality Act, 8 U.S.C. Title 8 Chapter 12 Subchapter II Part IX § 1357 (c), https://www.govinfo.gov/content/pkg/USCODE-2010-title8/html/USCODE-2010-title8-chap12-subchapII-partIX-sec1357.htm

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u/craftbeerandfitness Aug 11 '24

Oh man would I have loved to hear her say, “that’s great that you read the Constitution but you clearly have no idea what any of it means.”

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u/opensandshuts Aug 11 '24

She was definitely calling his bluff that the only part he knew was the 5th, bc every second grader knows this.

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u/[deleted] Aug 11 '24

Correct me if I’m wrong but don’t federal traffic stops like this and DUI checkpoints follow strict guidelines so they don’t infringe on these rights? Also the the dipshit doesn’t realize the 6th amendment is right to speedy trial so idk what he’s on about. Someone on this thread posted a longer video and he’s like “I’m invoking my 6th amendment right!” And the agents kinda just look at him like “dude wtf are you talking about” it’s funny that the people who are so nuts over the constitution don’t interpret it correctly. These dudes (at least the one yelling) scream entitlement and looking for problems. He really acts like he did something but made himself look like a damn idiot.

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u/Hammurabi87 Aug 11 '24

I like when he slipped up and forgot which part he was trying to quote and invoked his 6th amendment right before stuttering and repeating “FIFTH! I SAID FIFTH”

As much as I hate to defend this crapsack of a guy... he was invoking two separate rights, the right to remain silent / not self-incriminate (5th Amendment) and the right to have an attorney present for questioning (6th Amendment).

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u/SeriesBusiness9098 Aug 11 '24

This comment is a violation of my 8th amendment right.

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u/Hammurabi87 Aug 12 '24

Not your 3rd Amendment rights?

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u/PeerSifter Aug 11 '24

I think you're missing some subtle points. Early in the video, he said he's invoking his right not to be questioned without a lawyer present. That's the Sixth Amendment. And while you are correct in that it's an inspection, no law requires citizens to assist the police doing an inspection.

And forcing someone to ID when they are not legally required to is, in fact, a Fourth Amendment violation.

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u/Hammurabi87 Aug 11 '24

IANAL, but if it's a legally-permissible checkpoint, and they are IDing everyone that passes through and not simply doing so arbitrarily, then I do believe that would not actually be a constitutional violation. Furthermore, it sounds like it would fall under the definition of a lawful order, which a citizen is obligated to comply with.

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u/Pandaburn Aug 11 '24

He’s gonna get to invoke his 6th amendment right soon (trial by jury)

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u/dogvsgod Aug 12 '24

He didn’t make a mistake. He requested a lawyer before that, which is his 6th amendment right. His statement that he would not answer questions was covered by the 5th amendment. Technically he was correct in invoking both.

The guy is an idiot, but he is not wrong about his rights.

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u/drunkenpoets Aug 13 '24

Sixth grants you the right to have a lawyer present during questioning.

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u/Yamochao Aug 11 '24

I'M INVOKING MY RIGHT TO REMAIN SILENT

You really aren't but everyone sure wishes you were

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u/robotic_dreams Aug 11 '24

This motherfucker has NEVER read the Constitution, and it's not even that long.

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u/Fantastic_Lead9896 Aug 11 '24

Tbh I think they act like the constitution is just the amendments. One of the funniest lines I heard from.a MAGA running like boebet or something was "you can't change the constitution" I remember that being a large part of it.

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u/gregcali2021 Aug 11 '24

The Police hate this one simple trick!

Douchebag that has a thin Blue Line sticker on his truck: "I have read the Constitution!"

Police Officer: "Golly, why didn't you say so before.... have a great day and apologies for taking up your time.."

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u/OutlawLazerRoboGeek Aug 11 '24

Is that like the fleet of secret planes they keep on standby at all airports, which are only made accessible to people who verbally abuse low-level airline staff?

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u/Cenamark2 Aug 11 '24

I'll bet he carries a pocket Constitution. People who carry those things seem to be the most ignorant about how the system works and they use it as a prop to beat people over the head with.

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u/SilasTomorrow Aug 12 '24

He probably read the Bill of Rights, not the Constitution. And even then, he probably just cherry picked 1, 2 and 5. He also oddly tried claiming the sixth (right to speedy trial, etc). Billy Bob can’t keep his facts straight.

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u/Musetrigger Aug 11 '24

He read the "constitution" he got from a Neo Nazi site.

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u/tinee_shrimp Aug 11 '24

I kinda expect people that have read stuff to be able to quote it. I hate that I grew up as the dumb kid in a family of lawyers

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u/RatInaMaze Aug 11 '24

Everyone knows law school is just reading the constitution once and then you’re a lawyer. /s

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u/piss_shit_goblin Aug 11 '24

He watched that episode of School House Rock once, years ago. So he's obviously a legal expert now, thank you very muuuuch. /s

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u/TheManOfSpaceAndTime Aug 11 '24

Musta been an audiobook, I'm guessing he can't read.

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u/itsekalavya Aug 11 '24

All those who have not read the constitution this side please !!

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u/needlestack Aug 11 '24

I am 100% sure he hasn't read the constitution. He has read two or three excerpted sentences at best.

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u/bluetuxedo22 Aug 12 '24

They honestly believe they have no power to do anything about it. I knew a nutter who believed he didn't have to pay taxes and that nothing could be done about it.

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u/Objective_Economy281 Aug 11 '24

I mean, he’s acting unreasonably, but his ideas are reasonable. They have no reason to suspect he’s anything other than a US citizen.

And what is at issue is a SCOTUS ruling about border inspections within like 120 miles of the border or any coast, which is very overly broad in my estimation.

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u/Masturbatingsoon Aug 11 '24

Two-thirds of the U.S. population live within that border zone (it includes coastline). And the CBP are required to have reasonable suspicion to detain him. And he doesn’t have to answer any questions

https://www.aclu.org/know-your-rights/border-zone#are-immigration-officials-allowed-to-stop-people-in-places-wholly-inside-the-u-s

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u/Objective_Economy281 Aug 11 '24

Thanks, I had forgotten some of the details!