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Old May 28, 2010, 11:20 AM   #124
VAPA
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Join Date: May 21, 2010
Posts: 63
Gc,

Glad to be of service and thanks for the great research. Your argument from above is good but requires clarification for this instance. You cited Fuertes accurately..."Martinez-Fuerte allows a person to be detained to determine immigration status." That is true. But in this video the agents clearly did not detain to determine immigration status. They detained for some other reason that we don't know (we only know the reasons they gave were false). We do know it wasn't for immigration status. So the detention was unlawful.

In Mimms you say that once a detention is done, they can order a driver out of the car. That presupposes probable cause. Again, it doesn't apply in this video. There was no probable cause of a crime being committed.

Your case law is good...it just doesn't support the agent's actions in this incident.
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