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I agree with Everything Denis and Moses have said about this.
The woman started out very, very calm, asking what any citizen has the right to ask and, by law, the officers are obligated to answer - or if they will not or cannot, to let her go.
She has every right to ask, first, whether or not she is being detained. In the absence of an affirmative answer, she is free to leave - in her car, as she arrived. None of this b.s. that she can walk away, but her car has to stay.
If answered in the affirmative, she then has every right to ask for their "RAS" -reasonably articulated suspicion. If they are unable to provide that, she is again free to leave and, again, in her car. "You look nervous" does not qualify - they must reasonably articulate what they suspect her of doing or having done.
She legally does not have to wait more than about ten to fifteen minutes for their dog to arrive. Courts have ruled on this time and time again - they get a "reasonable" amount of time to detain you without arresting you and leveling specific charges.
Granted, the woman could have simply moved when asked. She was, however, a good 20 feet off the road and posed no danger to herself or anyone else. Pure battle of egos at this point, but the woman was still in the right.
I cannot believe some of you are standing behind this border patrol agent. He violated a good number of her civil rights, with no justification of any kind for holding her. His conduct was not only unprofessional, it was illegal. He needs to be held accountable.
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Jeff
'72 911T 3.0 MFI
'93 Ducati 900 Super Sport
"God invented whiskey so the Irish wouldn't rule the world"
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