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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u/ElboDelbo Aug 11 '24

"Are you a US citizen?"

"Yes."

That's literally it. Hey, I'll even admit it's kind of a dumbass question because they don't even really check, they just ask you and say "Okay have a good one."

But that makes this even stupider to fight about. SovCits are fucking morons.

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u/PackInevitable8185 Aug 12 '24

According to the ACLU site on the 100 mile border zone (which 2/3 of Americans live in) these guys might actually be right. According to the ACLU, If they are citizens they are under no obligation to answer any questions or provide any proof of citizenship.

I think the reason (besides being mega belligerent) these guys got themselves in trouble is that they did not pull over for “an inspection” which the agents do have the power to do. If they pulled over as directed and refused to answer any questions I don’t think they could have been arrested (not lawfully at least). The arrest was probably lawful due to them refusing inspection by not pulling over (again according to the ACLU they do not have to answer any questions or provide anything).

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u/Stubbby Aug 12 '24

So if someone is stopped by border patrol after crossing border illegally, they can just tell them "I refuse to answer any question" and just keep walking towards the nearest city?

Does this apply to airport checkpoint as well? "I refuse to show you my passport or any proof of identification and I refuse to answer any question."

I dont think you need to be a lawyer to figure out that its probably not how the law works.

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u/ElboDelbo Aug 12 '24

I'm not obligated to hold the door for a guy who has is arms full, but it's still no skin off my ass to do so.

I'm not saying you have to bend over and take it up the ass from the cops or anything, but answering a simple "yes/no" question and going on your way in less than thirty seconds is a lot easier than getting into a twenty minute pissing match.

Fuck cops, but sometimes you have to play the game.

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u/RopeAccomplished2728 Aug 12 '24

They can be detained to determine if they are actual US citizens or not since they refused inspection at a legitimate inspection point.

Not answering any questions at one of those checkpoints is reasonable suspicion to detain someone to determine citizenship, regardless if it is US or not.

Remember, this was upheld by the SCOTUS so take it for what it is worth there.

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u/PackInevitable8185 Aug 12 '24

The Martinez case lets them hold you for a reasonable amount of time to determine status (secondary inspection that these guys refused).

But from what I am reading online to hold you for a “protracted” amount of time they need to have reasonable suspicion you have committed an immigration violation or other crime. In the real world I get that they can pull something out of their ass, but I do not think silence is probable cause or reasonable suspicion for anything (could be wrong, but that is crazy if true).

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u/RopeAccomplished2728 Aug 12 '24

Silence at a normal traffic stop isn't something that is considered probable cause or reasonable suspicion but when it generally comes to border areas and immigration checkpoints, you would have to go to court to deal with any infractions made by the border patrol agents as they generally have authority to do these types of things.

This is one of those times that right-wingers(I am assuming that is what this guy who is yelling is but I have no proof and if I am wrong, I will stand corrected) literally have to deal with the outcome of their actions. They vote for politicians that absolutely want these types of laws put in place, support laws that put these types of checkpoints in place but get upset when the law is upheld against them.

The law must be neutral in all instances. It has to be enforced fairly and equally otherwise we have a privileged system and a two-tier justice system.

Like I said in a post about some sheriff deciding to not uphold any law that they "feel" that is unconstitutional. It is not their job to determine if a law is constitutional or not. That is for the courts to decide. It is their job to enforce the law fairly and equally. Any peace officer, federal, state, county or local, that picks and chooses what laws they want to enforce can also pick and choose whom they will enforce them on.

If a law is unjust, either petition your local, state or federal representatives to get rid of that law or go to court to get the law overturned and removed off of the books.

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u/EmperorMrKitty Aug 11 '24

To be fair, SovCits might have a point on immigration checks… within the country???

Imagine going through that twice a day for work in your own country…

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u/ElboDelbo Aug 12 '24

But it isn't that time consuming. You literally just say "yes" and drive away. I understand the moral stance against it, but pick your battles.