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Harrased by Border Patrol

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DougForeman

Junior Member
What is the name of your state (only U.S. law)? Maine
I was driving to a friends house to go to the bar and saw my brother in the town park with his friend so I stopped to see what he was up to and ask if he wanted to go to the bar with us. I pulled in next to him (I was in his truck and he was in a friends car) He got out and I asked him if he wanted to go to the bar, he said no, he was going to catch up with his friend. He got back into his friends car and an Unmarked SUV pulled in behind us with its lights flashing. A Border Patrol Agent got out and asked me what I was doing there, I told him I was just talking to my brother. He then asked me where the Pot was. Nobody was smoking, nor had anyone smoked that day (in my opinion he said to hell with the whole innocent until proven guilty thing and just decided to pin us as guilty and we must have just done a Pot deal) He then told me he was going to search the truck I was in (not belonging to me) and he was going to have his dog come and check it. His dog got a "hit" on the truck I was in so they took me out
patted me down and locked me in the back of a truck (at 10:30PM about) they were nice and left the windows down so I would freeze for the 3 hours they kept me there on a windy night.They then questioned my brother and his friend and put them in the back of another truck while they took 30 minutes to "get a hit" on his car too. This was a complete lie beacuse the owner of the car was against pot, and worked for a federal company where he is randomly piss tested for this reason he never smokes, or even allows it around him. After their fake "hit" they tore his car apart and found nothing...(big supprise...they found nothing beacuse there was nor had there ever been pot in that car.) There was ~3grams of pot in the truck I was in so I can understand them holding me to ask questions (not for 3 hours in the middle of a freezing winter night locked in a truck with the windows wide open tho).
They called the sherrif but none wanted to respond probably beacuse it was only ~3grams, a misdemeanor.
They then took us out of their trucks, and made us stand in the town park while one agent screamed at us and belittled us refering to us as "****ing morons, ****ing idiots, ****ing scum" then went on to tell my brothers friend that he keeps "pretty ****in ****ty company" and that he shouldnt hang out with shuch "****ty ****ing people" he should avoid "****ing terrible people like us" He then told me he was going to "****in hunt me down" and he "better not see me out in town or hell ****in pull me over every chance he gets"

Is it legal for them to swear and scream and belittle us?
Can they barricade me in and search me beacuse I went to the park to talk to my brother?
How long can they hold me withought any charges? How long can they hold you in a freezing cold truck withought any updates?
They "let us go" can they later change their mind and charge me for something they already took from me?
Was it legal to detain my brother and his friend for approx 3 hours after getting a fake "hit" on their car after 30 minutes of walking around it? Even after they found nothing (beacuse there was never anything in the car) they still kept my brother and his friend locked in for a while for doing absolutely nothing wrong.
I already have anxiety problems and now I am afraid to go out into my own town and to my work beacuse I will run into this lunatic Border Patrol who thinks im "****ing Scum" or beacuse hes going to be "hunting me down".
Is it legal for BP to lie to their backup? The lunatic BP told us we were ****ing morons for lighting up and passing **** around infront of a BP...(i was only in the park for a minute or less before getting "pulled over" leaving no time to light or pass anything around) He also said that we had "a couple ounces" which was total crap, I had ~3grams (1/16 of 2 ounces).
 
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OHRoadwarrior

Senior Member
You are having anxiety attacks because you are waiting for the charges to be filed against you. Forgive us if we have little compassion. You should be grateful if all he did was yell at you and take your weed. Your friend is free to sue the dog for falsely hitting on his vehicle. I assume he has taken it to be sniffed by other dogs for proof, correct? A false positive could come from some weed heads clothes, sitting in the friends car. Your brothers perhaps!!!
 
Been seeing a lot of this lately. Feels like the leo's overstepping their bounds to see how much they can get away with. In my mind the border patrol screamed at you to try to convince you the whole thing wasnt contrived from the start. If you were not smoking pot or in the middle of a drug transaction it feels to me like they were not supposed to detain you(im not an expert). The only caveat is, is there a curfew on your parks?

In a police contact you are free to terminate the interview/interrogation at any time. I usually state that Id like to excersize my constitutional right not to speak with them as they approach me. Then you should ask if your free to leave. If your not free to leave then ask to have a lawyer present. I follow those simple steps at every police contact and 99% of the problem is solved before it starts. No unconstitutional searches. No 3 hours in the back of a patrol car for a misdemeaner and no screaming matches at 2 am.

OHW do they usually run dogs around a vehicle with the occupants(stinking clothing) inside the vehicle? I remember reading a study where the dogs were found to be 97% correct (thereabouts) but the handlers were less than 80% correct, i.e. created false alerts for unlawful searches.
 
I have an anecdote to tell you. My reading comprehension is pretty high. I memorized the driving manual cover to cover. I aced the written and retook it 20 years later and aced it again without studying. My first car was a 1976 ford granada. Silver in color. Ive seen this car in movies and it is always driven by a serial killer or a rapist. The car looks like a creepier version of the ford ltd. Thats the setup for what happened next. I was 17, cleancut, in good shape. Had never touched a drug or alchohol in my life. I got pulled over 17 times in 12 months. No citations were issued, I really hadnt committed any infractions to begin with. At this point I got tired of the harrassment and amended my approach to dealing with the police. When I sold the car I quit getting pulled over.

If your not free to leave, and your not waiting for a citation to be issued, I do not think it is a roadside detention any longer but perhaps and arrest. If you are under arrest you are allowed to have a lawyer present during questioning. I was not implying that the questioning would continue at the roadside.

Pop quiz. When should you make a statement to the police? Never
 

HighwayMan

Super Secret Senior Member
I aced the written and retook it 20 years later and aced it again without studying.
What's your point? Why would one retake a written test once one has their license unless it had been revoked?

My first car was a 1976 ford granada. Silver in color.
I had two friends with the same car. How many times did they both get stopped over the course of a few years? Not once. Blaming your car is a little ridiculous.

If your [sic] not free to leave, and your [sic] not waiting for a citation to be issued, I do not think it is a roadside detention any longer but perhaps and [sic] arrest. If you are under arrest you are allowed to have a lawyer present during questioning.
Yes, during questioning if you invoke that right. Meanwhile, you have no such right during a traffic stop, especially if you're just sitting there waiting.
 
Lapsed not revoked.

It was the car. I drive by the book. Always have. My pullovers went down 4000% after I sold it and I only owned it 1 year. Id even go so far as to say I drove even better then because I was more cautious than I am now. Now I suffer from arrogance and overconfidence.

If your waiting for what. To be cited or waiting for 3 hours while the police perform an illegal search on you and your brothers car? Ill wait to be cited in the extremely unlikely event that I actually make an error. Sounds like you just really like to abuse your power against those that choose to remain ignorant. Powertripmuch

The only thing im curious about is wether or not there is a curfew.
 

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