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The officer doesn’t allege any violations and suggests the detention is because he doesn’t know who is in the back seat.
He mentions the immigration and nationality act multiple times. Referring specifically to sections 287 and 387. There is no section 387, but section 287 covers the Powers of immigration officers and employees. Which allows them, without warrant to board and search any vehicle within a reasonable distance from any external boundary of the United States. Which The federal government defines as 100 air miles.
The issue with this definition is that 2/3rds of the nation’s population resides within that expanded border region. While technically legal, the powers of immigration officers are often argued as being unconstitutional.
Section 287 does not grant an immigration officer the authority to detain anyone without reasonable suspicion. When asked, officer Esparza suggests that the reason for the detention is because he can’t see who is in the back seat, which is not a sufficient reason to pull over a vehicle. Neither is the race or ethnicity of the passenger.
After speaking with Will, he told me that he spent about 3 years in prison for transporting undocumented aliens. The incident occured over 15 years ago, but he speculates that when an officer runs his license plate – that information is shown to the officer.
Probable cause/reasonable suspicion determinations are almost never decided based on a single factor. Generally they will be made on a “totality of the circumstances” test. Criminal priors may be a relevant part of that determination. If that is the case, that would mean that the officer pulled them over based on the ethnicity of the passenger and Will’s prior conviction, and probably neither would be acceptable reasons for a detention if taken to court.
#1stAmendment #Audit #CopsOwned
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