Video has emerged showing a man, woman and their 4-year-old child being ordered and pulled from their vehicle and taken into custody by Border Patrol agents after refusing to answer a question and pop the trunk at an inland California checkpoint.
The footage, recorded by a dashboard camera, shows the family pulling up to a border checkpoint 35 miles north of El Centro, just east of San Diego on March 12.
An agent asks the man, identified as Rick Herbert, “How are you, where are you going to today?”
“I’m sorry, sir,” Herbert responds. “I don’t have to answer that question.”
After repeating the question and ordering the man to pull to the curb, the agent reaches into the man’s open window.
“Get your hands out of my car,” Herbert says before pushing out the agent’s arm. “This is assault. What is your reasonable suspicion?”
The agent then begins to question the family, who are obvious U.S. citizens, whether or not they are in they are in country illegally before attempting to pull the man from his vehicle for refusing to pop the trunk.
“No, you cannot look,” Herbert says, making clear, “I do not consent to any searches or seizures. What is your reasonable suspicion?”
The video then shows the agent grabbing the man’s arm and wrestling him to remove him from vehicle, twisting his hand and arm in the process.
“Dude what is your problem? I’ve got to unbuckle my seat-belt,” Herbert says. “You’re being recorded.”
Herbert is then pushed against the side of the vehicle, ordered to spread legs, while his 4-year-old son cries in the car. Another agent says to Herbert, “You brought this on yourself.”
Herbert is taken away while another agent gets in the driver’s seat of the car question the woman.
The woman at that point breaks down in tears and says, “My God, I’m coming back from a doctor’s appointment.”
The agent instantly jumps, “Is there any medication in the vehicle?”
“Your husband put us in this bind,” the agent says. “Okay, step out.”
The agent then opens the back door and tries to order the toddler out of the car, but the boy cries uncontrollably screaming, “No, I don’t like you!”
The video ends with the woman, using a cane, following the agents with her child saying, “I’ve never been arrested.”
Watch the raw footage:
The Fourth Amendment of the U.S. Constitution is supposed to protect Americans from random and arbitrary stops and searches.
The U.S. governemnt however, has determined that basic constitutional principles do not apply fully at our borders. Immigration officials enjoy broad extra-Constitutional powers. Specifically, federal regulations give U.S. Customs and Border Protection authority to operate within 100 miles of any U.S. “external boundary.”
This means Border Patrol can operate immigration checkpoints and search your property as deep as 100 miles inland. Consequently, about two-thirds of the United States’ population, or about 200 million people, live within this ‘Constitution-free zone.’