I've been riding my bike and driving to San Diego and LA several times a year for a long time. There are "agricultural inspection" stations as soon as you cross into CA on I-8 and I-10. Never saw anyone in a non-commercial vehicle get stopped. There are a few Border Patrol checkpoints on I-8, but I don't think I've seen any on I-10. Anyway, I read on another forum that the Border Patrol is now pulling cars from AZ over and then sending them to a local sheriff patrol car down the line for a "secondary inspection," which you might imagine entails asking about guns in the car. I know the Constitution is pretty much suspended for the purpose of Border Patrol activity within 100 miles of the border. But how the hell can they turn such a stop into sending you to a local sheriff patrol car for a secondary? There's absolutely no RAS or PC for the local sheriff stop, if Border Patrol lets you go. Even if I had no guns in the car, I think I'd have to make a fuss over a non-consensual contact with a state or local cop that had no RAS or PC for the stop. Anyone run into this?

Not true.

I go from San Diego to Yuma, and back, two to four times a month and the only consistent I have noted is a car with Mexican plates being talked to a bit longer by the officers.

I suspect that if anything they're looking for stoned drivers and searching the vehicles (pot is a federal offense).

just that they don't catch them all
http://wcfcourier.com/news/loc...eb-87f4210bd416.html

I don't know about this particular scenario specifically. Never heard of such a thing. Seems a bit far-fetched to me.

But theoretically, besides border checkpoints, there are certain other checkpoint stops, like DWI checkpoints, that the courts (including the Supreme Court) have held are legal under certain limited circumstances.

It could conceivably be that these secondary checkpoints after the Border Patrol checkpoint may be similarly allowable in the eyes of the courts, provided they follow the same strict set of restrictions as a sobriety checkpoint (of which there are several, including that the initial checkpoint stops are exceedingly brief, that cars picked for the checkpoint are random, and that the checkpoints are publicized in advance).

If so, such a checkpoint wouldn't provide PC for a search, but might allow the deputy to briefly inquire at the checkpoint about the presence of guns, and then either request for consent to search (to which the driver is under no obligation to consent), or potentially develop PC based on things observed during the brief initial contact (like a gun in plain view).

But as I said, I'm just spitballing here. And specifically singling out Arizona cars wouldn't be allowed at checkpoints anyway, if that's even truly what is occurring and it's not merely bullshit internet rumormongering. Checkpoints have to be truly random, with no discretion by the officers on the ground as to which cars to select. They have to have a system decided by the admins ahead of time, such as every car gets stopped, every 5th car, every 10th car, etc. "Every Arizona car" isn't a valid random system for a checkpoint.

However, as to the idea in general of such a gun checkpoint modeled on the sobriety checkpoints, while it seems pretty far-fetched, it wouldn't surprise me that California courts and the notoriously liberal 9th Federal Circuit over California would be more open to the idea of "gun checkpoints" than those in other states.

If the border patrol agent asks if you are a citizen of the United States of America, simply answer yes. Doing otherwise is simply not worth the hassle.

Now a sheriff's deputy wanting to search your car has no grounds to do so absent a reasonable articulable suspicion that a crime is a foot, probable cause, or a search warrant. The fact that there is a border checkpoint somewhere in the vicinity does not change that.

So if a sheriff's deputy at or near a border patrol checkpoint asks to search her car tell the deputy that you refuse to allow a search on consensual grounds. If the deputy can provide reasonable articulable suspicion that a crime is afoot, has true probable cause, or has a valid search warrant issued by a court of competent jurisdiction, you have no choice.

quote:

Originally posted by Rick Lee:
I know the Constitution is pretty much suspended for the purpose of Border Patrol activity within 100 miles of the border.

That is absolutely untrue, as in zero truth attached. None.

When you pass through an agricultural inspection station, it's exactly what it appears. It may be colocated with a commercial weigh station, and there may be vehicle inspections in progress.

When a vehicle is inspected for agricultural purposes, particularly in California where the Medfly was a big issue, there are specifics for which personnel are looking. Whether law enforcement looks at the same time, or moments later, is irrelevant.

You're allowed to have weapons in your vehicle, but if you're transporting them into California, you'd better not be carrying anything contrary to state law, or in a manner contrary to state law.

Whether the initial interview is conducted for screening purposes with the sheriff doing secondary screening if the interview is unsatisfactory, or whether another arrangement is in use, good luck making a scene.

Your statement that the constitution is suspended within a hundred miles of the border bears no truth at all, but the fact that you made it tells me that you have a bone to pick, preconceived and incorrect notions about what to expect, and it sounds like you're operating on unsubstantiated rumor.

If you're stopped by a law enforcement officer, it's reasonable for him to determine up front if you're carrying anything dangerous, and if you have any weapons. It doesn't matter what state you're in, or where you're from.

Has CA gotten to the point where you can't have a gun in your car, even if unloaded and in the trunk / lock-box ?

No.

quote:

Originally posted by sns3guppy:
Your statement that the constitution is suspended within a hundred miles of the border bears no truth at all, but the fact that you made it tells me that you have a bone to pick, preconceived and incorrect notions about what to expect, and it sounds like you're operating on unsubstantiated rumor.

I have no bone to pick at all and have never had any hassles from the Border Patrol or CA state or local police. But there has been a SCOTUS ruling that the Border Patrol can operate checkpoints within 100 miles of the borders and there will probably be another one coming about US Customs having warrantless and non-consensual access to people's cell and laptop data at ports of entry.

I've been through plenty of Border Patrol checkpoints, been stopped a few times and asked where I was coming from. If a state or local cop asked me that, I'd refuse to answer. All they need to know about me is on the documents I hand them. But refusing to answer that with the Border Patrol will certainly lead to a secondary inspection and more headaches.

quote:

Originally posted by radioman:
Has CA gotten to the point where you can't have a gun in your car, even if unloaded and in the trunk / lock-box ?

It depends on which gun. Some are illegal to possess.

quote:

Originally posted by Rick Lee:
But there has been a SCOTUS ruling that the Border Patrol can operate checkpoints within 100 miles of the borders and there will probably be another one coming about US Customs having warrantless and non-consensual access to people's cell and laptop data at ports of entry.

There's a border patrol checkpoint not far from where I'm typing right now.

There is ZERO truth to the notion that the constitution is suspended.

I make the trip between Phoenix and San Diego a few times a year.

Going west bound on I-8 there is a California Agricultural Inspection Station shortly after crossing the border from Arizona. It is supposedly for agricultural inspection but CHP uses it for other things. If the inspector asks you to pull off to the side, pretty much expect to see red and blue flashing lights in your rearview mirror in a few minutes. Then have a conversation with a Chippie, "Sir, do you know how fast you were going..." I found out that the hard way in college about 25 years ago.

There is a Border Patrol checkpoint on I-8 westbound in Campo which is closer to San Diego than the Arizona Border. It is strictly a Border Patrol checkpoint. I've never had an issue there.

There is a Border Patrol checkpoint on I=8 eastbound shortly after clearing Yuma. I've never had an issue there either.

Over the years I have seen some random checkpoints set up on I-8 westbound in California, but I have not seen one in the last several years.

I will be going through two of them tomorrow

will let you know

quote:

Originally posted by nhtagmember:
I will be going through two of them tomorrow

will let you know

His name was nhtagmember.

His name was Nhtagmember.

His name was NHTAGMEMBER!

I've been stopped at agricultural checkpoints and asked if I was bringing any fruits in.

In San Diego, the whole freeway was stopped by border patrol on a stretch where I didn't expect one to be. Everyone had to go through to talk with border agents. I don't remember being asked for weapons either then or at the agricultural checkpoints.

I suppose they ask you questions based on eyeballing you.

I have been through Border Patrol checkpoints near the border in San Diego County coming back from a range trip with multiple guns in the truck. Never a hassle or request to search.

quote:

Originally posted by Rey HRH:
I've been stopped at agricultural checkpoints and asked if I was bringing any fruits in.

In San Diego, the whole freeway was stopped by border patrol on a stretch where I didn't expect one to be. Everyone had to go through to talk with border agents. I don't remember being asked for weapons either then or at the agricultural checkpoints.

I suppose they ask you questions based on eyeballing you.

That stop is about 10 miles east of the Sunrise Highway and pretty much consistent with my observation too.