4 ms·

Border agents may lie about your rights? Is there no Miranda equivalent for this type of detainment?

by vageli 8y ago

efficax 8y ago
The border agents are in fact correct. The Supreme court has ruled that US citizens have no constitutional protections against search and seizure or basically anything else on the border of the US: https://www.aclu.org/other/constitution-100-mile-border-zone https://www.aclu.org/other/constitution-100-mile-border-zone Also police are allowed to lie about anything they want during interrogations.
- kemitche 8y ago
  I feel like there's a difference between "lying about the facts of an investigation, including what they know or don't know, during questioning" and "misrepresenting the rights of the accused." The latter feels like a serious problem that should get rectified.
Dangeranger 8y ago
There is not. Customs and Border Patrol operate under a special set of circumstances within ports of entry. You do not have the right to have an attorney present during the interrogation, you can have your personal belongings confiscated, you can be held without charge for up to four hours for any "reasonable" suspicion. These same rules apply within one hundred miles of the United States border. So if you live near the any ocean, Great Lakes, the Mexican border or Canadian border, you live under a different set of rights than the rest of America.
- sangnoir 8y ago
  You forgot "any international airport" on your list of ports of entry used to determine the 100-mile constitution-free zone.
- 0815test 8y ago
  > So if you live near the any ocean, Great Lakes, the Mexican border or Canadian border, you live under a different set of rights than the rest of America. Interesting. You'd think that "real America" was just a turn of phrase - turns out that it isn't, that there is a Real America and that it does care far more about protecting individual rights.
  - lisper 8y ago
    > there is a Real America and that it does care far more about protecting individual rights No, there isn't. Civil rights get trampled regularly outside the 100 mile Constitution-free zone too, just under different pretexts.
- Balgair 8y ago
  Or an international airport. Sorry Denver!
- altmind 8y ago
  > [100-mile] border zone is home to 65.3 percent of the entire U.S. population, and around 75 percent of the U.S. Hispanic population
  - fernandotakai 8y ago
    this ACLU article shows exactly this https://www.aclu.org/other/constitution-100-mile-border-zone https://www.aclu.org/other/constitution-100-mile-border-zone
skoskie 8y ago
He was detained, not arrested. Miranda was unnecessary in this case.

Border agents may lie about your rights? Is there no Miranda equivalent for this type of detainment?

by vageli 8y ago

Border agents may lie about your rights? Is there no Miranda equivalent for this type of detainment?

The border agents are in fact correct. The Supreme court has ruled that US citizens have no constitutional protections against search and seizure or basically anything else on the border of the US: https://www.aclu.org/other/constitution-100-mile-border-zone https://www.aclu.org/other/constitution-100-mile-border-zone Also police are allowed to lie about anything they want during interrogations.

kemitche 8y ago
I feel like there's a difference between "lying about the facts of an investigation, including what they know or don't know, during questioning" and "misrepresenting the rights of the accused." The latter feels like a serious problem that should get rectified.

Dangeranger 8y ago

There is not. Customs and Border Patrol operate under a special set of circumstances within ports of entry. You do not have the right to have an attorney present during the interrogation, you can have your personal belongings confiscated, you can be held without charge for up to four hours for any "reasonable" suspicion. These same rules apply within one hundred miles of the United States border. So if you live near the any ocean, Great Lakes, the Mexican border or Canadian border, you live under a different set of rights than the rest of America.

sangnoir 8y ago
You forgot "any international airport" on your list of ports of entry used to determine the 100-mile constitution-free zone.
0815test 8y ago
> So if you live near the any ocean, Great Lakes, the Mexican border or Canadian border, you live under a different set of rights than the rest of America. Interesting. You'd think that "real America" was just a turn of phrase - turns out that it isn't, that there is a Real America and that it does care far more about protecting individual rights.
- lisper 8y ago
  > there is a Real America and that it does care far more about protecting individual rights No, there isn't. Civil rights get trampled regularly outside the 100 mile Constitution-free zone too, just under different pretexts.
Balgair 8y ago
Or an international airport. Sorry Denver!
altmind 8y ago
> [100-mile] border zone is home to 65.3 percent of the entire U.S. population, and around 75 percent of the U.S. Hispanic population
- fernandotakai 8y ago
  this ACLU article shows exactly this https://www.aclu.org/other/constitution-100-mile-border-zone https://www.aclu.org/other/constitution-100-mile-border-zone

skoskie 8y ago

He was detained, not arrested. Miranda was unnecessary in this case.