Jump to content

Air Force pilot's unlawful detainment claim dismissed


Steve C

Recommended Posts

requesting $500,000 in damages for negligence, false arrest and imprisonment, intentional infliction of emotional distress and violation of his Fourth, Fifth, Sixth and 14th Amendment rights.

I do not understand. Why so much money for this? What damage was done in the argument that cost so much? It seems excessive but I cannot say I really understand how this works. Is that just some arbitrary amount you request in hopes you settle somewhere above a goal amount?

Link to comment
Share on other sites

I do not understand. Why so much money for this? What damage was done in the argument that cost so much? It seems excessive but I cannot say I really understand how this works. Is that just some arbitrary amount you request in hopes you settle somewhere above a goal amount?

From the few briefings I've received from Legal/JAG, it's my understanding that you can't get more money than you seek in civil cases, so they name an outrageous number in the initial suit to be the ceiling, including the possibility of discovering additional causes for damages in the procedures of the suit. They realistically expect to get only a fraction if they win.
  • Upvote 1
Link to comment
Share on other sites

PYB is a retard who thinks he is smarter than everyone else about the law. However, being an idiot and going about things in unbelievably stupid ways doesn't make him 100% wrong.

I was struck when I was traveling in Europe and one of my British friends told the other Brits to bring ID to an event, then looked at me and said: "You're American, of course you always have ID on you."

What right do police have to stop me if they do not suspect me of a crime? We scorn the Germans in old movies when they randomly stop people and ask for the "papers." How is this different?

  • Upvote 4
Link to comment
Share on other sites

From the dissent:

"Standing on one's rights is not an 'unorthodox tactic.' It is a venerable American tradition."

Maybe he's crazy, I don't know, but I do believe that unless you exercise your rights the authorities are more than happy to let you surrender them.

  • Upvote 5
Link to comment
Share on other sites

What right do police have to stop me if they do not suspect me of a crime? We scorn the Germans in old movies when they randomly stop people and ask for the "papers." How is this different?

In the case of USBP checkpoints, U.S. vs Martinez-Fuerte is the SCOTUS case law. While you're not being asked for papers, a general citizenship question can be asked, or nothing can be asked, all depending.

Link to comment
Share on other sites

In the case of USBP checkpoints, U.S. vs Martinez-Fuerte is the SCOTUS case law. While you're not being asked for papers, a general citizenship question can be asked, or nothing can be asked, all depending.

From the Martinez-Fuerte opinion: "[O]ur holding today is limited to the type of stops described in this opinion. ‘[A]ny further detention... must be based on consent or probable cause."

At what point does a USBP stop go from standard, 4th amendment valid stop to a "further detention." How long do I need to be stopped before any further delay requires consent or probable cause?

"Sir, are you an American citizen?" -Yes

"Where are you heading tonight?" -Home

"Are you transporting any illegal immigrants or illegal drugs?" -Am I free to go?

Edited by Homestar
Link to comment
Share on other sites

It was never a comfortable feeling having CBP agents treat you as if you're a potential perp just for driving down a highway. I'm not defending PYB because as rumor has it, he has a reputation for being just a little assholish.

But again, it never felt right handing them my CAC card with my two toddler boys in the back coming from a Big Bend camping trip being quizzed why I was driving from that area and why I had camping gear in back.

I really, really wanted to be smart and say "you DO realize there's a National Park not far from here, yes?"

  • Upvote 1
Link to comment
Share on other sites

It was never a comfortable feeling having CBP agents treat you as if you're a potential perp just for driving down a highway. I'm not defending PYB because as rumor has it, he has a reputation for being just a little assholish.

But again, it never felt right handing them my CAC card with my two toddler boys in the back coming from a Big Bend camping trip being quizzed why I was driving from that area and why I had camping gear in back.

I really, really wanted to be smart and say "you DO realize there's a National Park not far from here, yes?"

I do not know, I have no qualms answering (mostly) yes or no questions. It is their job to do so and I have nothing to hide. I understand as someone with a foreign accent but with an American name, I am going to have to be subject to a more pressing set of questions. In today's world I am willing to sacrifice a little more time at border patrol or TSA gates in lieu of letting something slip by.

  • Downvote 6
Link to comment
Share on other sites

I do not know, I have no qualms answering (mostly) yes or no questions. It is their job to do so and I have nothing to hide. I understand as someone with a foreign accent but with an American name, I am going to have to be subject to a more pressing set of questions. In today's world I am willing to sacrifice a little more time at border patrol or TSA gates in lieu of letting something slip by.

You are the problem.

  • Upvote 6
  • Downvote 1
Link to comment
Share on other sites

And this is why:

"Those who surrender freedom for security will not have, nor do they deserve, either one."

Benjamin Franklin

You are the problem.

Ok, so you're stopped at one of these checkpoints and they ask for your ID and if you're a citizen. You show them your CAC and answer yes, but they start asking you more questions...YOU HAVE THE MINIVAN

But seriously, I'm curious how you guys would handle it.

Link to comment
Share on other sites

Ok, so you're stopped at one of these checkpoints and they ask for your ID and if you're a citizen. You show them your CAC and answer yes, but they start asking you more questions...YOU HAVE THE MINIVAN

But seriously, I'm curious how you guys would handle it.

Trick question-- you make the assumption that I would immediately hand over my ID or otherwise answer any questions. They can lawfully stop you, but you are not legally obligated to answer any of their questions. The correct response is "Am I being detained?"

  • Upvote 3
Link to comment
Share on other sites

Trick question-- you make the assumption that I would immediately hand over my ID or otherwise answer any questions. They can lawfully stop you, but you are not legally obligated to answer any of their questions. The correct response is "Am I being detained?"

I'm guessing you're also not legally obligated to produce ID?

Have you been through one of these checkpoints and refused to answer questions/hand over your ID immediately? If so did that go over better than what PYB did?

Link to comment
Share on other sites

I'm guessing you're also not legally obligated to produce ID?

Have you been through one of these checkpoints and refused to answer questions/hand over your ID immediately? If so did that go over better than what PYB did?

Yes. UPT at DLF. Crack the window, no ID. "Sir are you a US Citizen?" "Am I being detained?" "No Sir" and I'm going like a fart in a hurricane. Key is to not come off as an entitled dick who is seeking confrontation. Inflection is key here.

Link to comment
Share on other sites

In today's world I am willing to sacrifice a little more time at border patrol or TSA gates in lieu of letting something slip by.

Also at the border and TSA gate agents are two things you voluntarily have to go through (by willingly buying a ticket) and I think everyone here agrees countries have the right to regulate their borders. These checkpoints are inside the country and in my opinion are pretty much the same as a cop stopping you on the street or pulling you over and asking you to prove your citizenship

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


×
×
  • Create New...