Aserting Your Rights-The Right Way
Charles is a retired Attorney & a retired Pastor. He currently teaches at a small college in Brownsville.
Playing with “La Migra”
My nephew-in-law (if there is such a thing) wants to get in our Saturday morning falling plate pistol match, so I took him out for a practice round yesterday and to teach him the drill. He did very, very well. He is a real natural with a handgun.
Anyway, to come back from our range, which s hard against the Rio Grander river just eight miles up from where it flows into the Gulf of Mexico, we have to go through a Border Patrol checkpoint.
The little Yankee Migra from New York asked if we were US Citizens and we said yes. He then asked me if we had any guns in the vehicle. I said, hell yes I have guns in the vehicle, this is still Texas isn’t it. Nobody in his right mind would be down in this part of the world without a gun.
He grined and asked me if he could look in the back of the Ford Explorer. I said, sure, but after we establish the rules. At this point nephew started to panic. He eyes started to roll and he started to breath heavy. He looked like one of those Garfield cats with suction cup feet, folks used to stick on their car windows.
What rules said the Migra? Rule number 1 says I is that you are requesting a consent serch because you have no probably cause and no warrant correct? He said… Yes Sir.
Rule number 2 is that when I give consent, I can revoke it at any time and you must stop the search at that point. He said..Yes Sir.
OK with the rules established I will open it for you which I did. He just looked around and asked what is in my black range bag and I told him two 22 pistols.
He smiled, we shook hands and we went on our way. The nephew was about to have a stroke. He said, he knew we were going to end up in Jail. I told him no way, as I was withing my rights the these guys are highly trained professionals and know the rules.
I further said, I suppoort the Border Patrol and all they do to interdict drugs and wetbacks. But, says I, too many fine women and men have shed their blook since 1776 to obtain and maintain out rights as free Americans including the right from unreasonable serch as siezure per the 4th Amendment. Therefore, by G– all law enforcement folks are going to play by the rules. Those rules are too precious to take lightly.
Beside I am those guys worse nightmare. A retired old Fud with a law degree and time on my hands. They can make my life difficult for a few hours, I can make their lives a living hell for the next five years.He replied..”And you would do that!”. Yep..you can take that one to the bank. Never be intimidated by a badge and a gun. As long as you are firm and polite you are on firm ground.