Being Detained Part 2
Where Border Patrol Agents have "reasonable
suspicion" that a vehicle contains illegal aliens, they may
stop the vehicle and briefly question those occupants reasonably
believed to be aliens as to their right to be or remain in the
United States of America. Such "detention" may last
for a reasonable period of time while the Border Patrol Agent
conducts lawful "investigative activities" to quickly
confirm or dispel their suspicion.
In many parts of the United States of America all
the roads leading away from the southern border area are sealed
off with US Border Patrol Agents. These Agents operate "checkpoints"
as deep as 60 miles inside the United States. Tens of thousands
of illegal aliens and drug smugglers are caught at these checkpoints
Federal officers can freely stop vehicles for inspection
at these checkpoints without any required level of suspicion or
justification. That is the law. Most of these checkpoints have
separate areas reserved nearby where a vehicle can then be nearly
stripped under what is called "secondary inspection".
The referral of a vehicle to "secondary inspection"
needs only to be "selective" and does not require any
It is best if you do not annoy, abuse, alarm, alert,
tease, torment, or disturb a Border Patrol Agent at any of these
Border Patrol Agents cannot and will not take your
drivers license away from you. (The federal agent working at a
legal Port of Entry can take your driver's license or almost any
other documentation away from you.)
The Border Patrol Agent will engage you in "consensual
conversation". "Consensual conversation" is not interrogation.
Consensual conversation is ... conversation.
"Good morning, how are you, that's a nice
gun you have in your pocket", are all simply one side
of a consensual conversation, but in polite society they do require
that you make some verbal response.