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Old 11-16-2006, 10:23 PM   #1 (permalink)
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Border Patrol question

A while back a cousin was stopped by a border patrol after losing control of the car. DRs+ wet pavement= not a good idea. He was going into the highway (the part where you speed up to merge) when the car in front suddenly applied the brakes to come to a full stop. Cousin didn't apply the brakes as it would only skid and hit the car, so he tried to change into the right lane (the one you stop for an emergency) but lost control and hit the wall.

After the car came to a stop, a border patrol was passing by and put his emergency lights on. My cousin thougth about leaving, since he hadn't hit no one. But he decided to stay to see what's up. Border Patrol got out and asked if he was okay and what had happened. Well he explains and all, so the BP calls the police and a unit comes by. He cop gives him a ticket (not sure for what violation)-I'll get details on it....the ticket is paid already so doesn't matter now.

Now my question is this. If a border patrol stops you and you are not detained by them, can you leave? I mean the border patrol probably stopped to see if he was okay and needed an ambulance or something. Seeing that he was the only one involved in the accident.


FSVTFan go easy

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Old 11-16-2006, 11:01 PM   #2 (permalink)
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Border patrol is just another form of an LEO. It's kinda like being pulled over by a Game Warden for speeding, they can do it.
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Old 11-17-2006, 06:27 AM   #3 (permalink)
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Quote:
Originally Posted by Riddlaontheroof
A while back a cousin was stopped by a border patrol after losing control of the car. DRs+ wet pavement= not a good idea. He was going into the highway (the part where you speed up to merge) when the car in front suddenly applied the brakes to come to a full stop. Cousin didn't apply the brakes as it would only skid and hit the car, so he tried to change into the right lane (the one you stop for an emergency) but lost control and hit the wall.

After the car came to a stop, a border patrol was passing by and put his emergency lights on. My cousin thougth about leaving, since he hadn't hit no one. But he decided to stay to see what's up. Border Patrol got out and asked if he was okay and what had happened. Well he explains and all, so the BP calls the police and a unit comes by. He cop gives him a ticket (not sure for what violation)-I'll get details on it....the ticket is paid already so doesn't matter now.

Now my question is this. If a border patrol stops you and you are not detained by them, can you leave? I mean the border patrol probably stopped to see if he was okay and needed an ambulance or something. Seeing that he was the only one involved in the accident.


FSVTFan go easy
If a traffic stop is effected by Border Patrol, you must stop. All that you need to do is ask if you are free to leave and they will answer one way or another. It all depends on the circumstances and why they are stopping. If he was close to the Border they were probably checking to see if he was a Coyote or a Smuggler.
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Old 11-17-2006, 06:29 AM   #4 (permalink)
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Border patrol is just another form of an LEO. It's kinda like being pulled over by a Game Warden for speeding, they can do it.
While Border Patrol are L.E.O.s, they are Federal and enforce Federal Laws not state and local laws. They dont write tickets no do they pull people over to enforce traffic laws. The violation of a traffic law gives them more P.C. for a stop. But according to Federal Law they only need reasonable suspicion to make a stop, not P.C.
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Old 11-17-2006, 08:00 PM   #5 (permalink)
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If a Border Patrol Agent witnesses a crime they do not enforce, they can detain you for the appropriate law enforcement agency.
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Old 11-18-2006, 09:44 AM   #6 (permalink)
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If a Border Patrol Agent witnesses a crime they do not enforce, they can detain you for the appropriate law enforcement agency.
It all depends on the crime, the circumstances and the which field office they are out of.

Under the State Crimes Directive, they can arrest for State Felonies committed in their presence or for State Felonies that they believe to have been committed. They can only arrest for misdemeanors committed in their presence.
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Old 11-18-2006, 04:51 PM   #7 (permalink)
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I should have been more specific, I did not mean speeding violations, etc.
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