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Yeah, I know the title is too long, so is the post...
Last spring NYS troopers had a program where they would set up "information stations" i.e. traffic stops along roads frequented by bikers, by which I mean, by and large, rolling parades. These aren't the wicked curvy back roads but rather main scenic routes; the kind you might bring your family on a Sunday cruise. Bikers ONLY were stopped, and, of course, given various equipment violations and citations for non-DOT helmets, not having motorcycle endorsements etc. I will not defend the violations, although I can't help but wonder if such profiling actions ( stopping ONLY motorcycles )is not illegal. Gov Patterson apparently foresaw the budget shortage if nothing else ( yes, cheap, blind guy joke ) and figured to fix it with a road tax.

This Sunday, while traveling down I-87, about 30 or 40 miles from Canada, I was surprised to see a traffic stop manned by not NYS troopers but BORDER PATROL. Now, I could be confused , but I thought NY being 1 of the original 13 Colonies meant we were part of the US throughout the WHOLE state, and we didn't have any borders internally. OK, other than Native American borders. They didn't search our vehicle, maybe because they didn't want to unpack 2000lbs of sound equipment, or maybe because they were already busy tossing some glum looking lads car.

I'm all for defending our nations borders. At the same time, I can't help but wonder why armed border patrol agents are stopping people's egress at a non-border crossing. I wonder what one's rights are in such a situation...MUST I consent to border patrol tossing my vehicle when I am NOT crossing a border, nor have been in another country? Do we have ANY rights left?
 

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I'm all for defending our nations borders. At the same time, I can't help but wonder why armed border patrol agents are stopping people's egress at a non-border crossing. I wonder what one's rights are in such a situation...MUST I consent to border patrol tossing my vehicle when I am NOT crossing a border, nor have been in another country? Do we have ANY rights left?

Here is your answer:
http://www.wired.com/threatlevel/2008/10/aclu-assails-10/
 

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Yeah, I know the title is too long, so is the post...
Last spring NYS troopers had a program where they would set up "information stations" i.e. traffic stops along roads frequented by bikers, by which I mean, by and large, rolling parades. These aren't the wicked curvy back roads but rather main scenic routes; the kind you might bring your family on a Sunday cruise. Bikers ONLY were stopped, and, of course, given various equipment violations and citations for non-DOT helmets, not having motorcycle endorsements etc. I will not defend the violations, although I can't help but wonder if such profiling actions ( stopping ONLY motorcycles )is not illegal. Gov Patterson apparently foresaw the budget shortage if nothing else ( yes, cheap, blind guy joke ) and figured to fix it with a road tax.

This Sunday, while traveling down I-87, about 30 or 40 miles from Canada, I was surprised to see a traffic stop manned by not NYS troopers but BORDER PATROL. Now, I could be confused , but I thought NY being 1 of the original 13 Colonies meant we were part of the US throughout the WHOLE state, and we didn't have any borders internally. OK, other than Native American borders. They didn't search our vehicle, maybe because they didn't want to unpack 2000lbs of sound equipment, or maybe because they were already busy tossing some glum looking lads car.

I'm all for defending our nations borders. At the same time, I can't help but wonder why armed border patrol agents are stopping people's egress at a non-border crossing. I wonder what one's rights are in such a situation...MUST I consent to border patrol tossing my vehicle when I am NOT crossing a border, nor have been in another country? Do we have ANY rights left?
By law they can't search your vehicle. Second, they can only ask you if your a US Citizen. Last, they can't even legally ask you where your going or comming from. If they do, tell'em to kiss yer arse. They can set up a Border Control Check Station but they have no authority to stop and search unless they have probable cause. This is the limit of there authority by law!

Cheers
Jeff:motorbike2:
 

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Watch out for the Sniffer Dogs, they might give probable cause - they were doing that on the 10 in Texas - wicked place! Just got back from the UK, which looked real smart, very logical roads and stuff and loads of small cars, a few Chrysler 300's though - but the friggin' cameras, talk about GAALT and the fascist groove thang!:)
 

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Remember that our local town justices in NYS are a motley bunch. There are some good ones. but by and large they are reallty and truly a bunch of local yokel blow hards with little or no legal qualifications. Many are law and order types who side with the cops all the time and take joy in screwing over an argumentative out of towner, and logic be damned.


http://www.nytimes.com/2006/09/25/nyregion/25courts.html

"Some of the courtrooms are not even courtrooms: tiny offices or basement rooms without a judge’s bench or jury box. Sometimes the public is not admitted, witnesses are not sworn to tell the truth, and there is no word-for-word record of the proceedings."

and

Nearly three-quarters of the judges are not lawyers, and many — truck drivers, sewer workers or laborers — have scant grasp of the most basic legal principles. Some never got through high school, and at least one went no further than grade school. "

and
..." several people in the small town of Dannemora were intimidated by their longtime justice, Thomas R. Buckley, a phone-company repairman who cursed at defendants and jailed them without bail or a trial, state disciplinary officials found. Feuding with a neighbor over her dog’s running loose, he threatened to jail her and ordered the dog killed.

“I just follow my own common sense,” Mr. Buckley, in an interview, said of his 13 years on the bench. “And the hell with the law.” "

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I have had local small town judges mock me, insult me , lecture me and throw out my objections even when I was 100% dead nuts right and had written proof of my innocence (such as missing highway signs).In the local towns around here we have what are known as "hanging judges". Guys(hesitate to call them justices) who screw every defendant they see just because they think its amusing. A friend of mine is a local lawyer who did some time as an assistant DA. He told me the DA can completely bull sh*t the local judges because the local guy doesn't know anything and so relies on the DA for advice!!!!! Talk about a kangaroo court! Once, while waiting for my turn, I witnessed some tourists being raked over the coals. They had been subjected to a random search and gotten mouthy with the State Troopers which caused about 20 Troopers to show up in support of the cops who harassed them. The cops were laughing as the defendants explained that thier car ws ripped apart and their trip ruined for nothing more than standing up for their rights. The judge lectured them and fined them in front of the laughing cops.
 
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