Agricultural Checkpoint question

[JDay]

[Chris M]

Wow, necro thread!

I guess seeing possible contraband in open view gave her probable cause for a search.

At least I used the search and didn't start a new one...Damned if I do, damned if I don't.

Why not just lock threads that fall off the first page, so that people can't reply to them?

[dfletcher]

This past weekend I got stopped at the I-40 checkpoint, driving my mother from Austin, TX to San Jose. It was late at night, I was tired, I don't even remember if the lady asked if we had any fruit - she just started shining her light in the back of the van, and spotted a small case of Clementines. She asked where we got them. I said "Whole Foods". She confiscated them and told me "I need you to unlock the rear of the vehicle." She then proceeded to dig through the cooler and move our stuff around. She spotted some apples, but let us keep them as they were grown in washington.

I hadn't driven into CA from out of state for about 10 years, and had completely forgot about the Agricultural Checkpoints.

OK, I'll bite - what's a Clementine?

[Glock22Fan]

At least I used the search and didn't start a new one...Damned if I do, damned if I don't.

Why not just lock threads that fall off the first page, so that people can't reply to them?

Hey, Chris, I wasn't mad and didn't mean to be critical, just amused and amazed that anyone had gone back so far. No offense intended.

As far as starting it anywhere but the first page, that's the first I've heard of that idea. To me, a necro thread is one that's really old and someone resurrects it.

To answer Fletch, it is a small citrus fruit, like a baby orange, very similar to a tangerine.

[thegratenate]

When the I15 check station was not funded for a few years I got used to driving through without turning off the cruise control, I think I may have scared the inspectors the first few times I barreled in at 75. It also spooks passengers when you go between the barrels at full speed(I don't understand why it's not like the increased speed makes the gap any smaller).

[GrizzlyGuy]

I know this is a necrothread, but I got curious about agricultural checkpoints after reading about DHS abuses in the DHS Checkpoint, is this legal? thread going on over in Off-topic. I thought I'd document a few things from my research in case someone finds this thread while searching (like I did).

It looks like People v. Dickinson is the controlling case law. A few excerpts:

"The first question is whether motorists can be stopped at the inspection stations. To that extent the situation is comparable to fixed border patrol checkpoints designed to intercept illegal aliens. United States v. Martinez-Fuerte (1976) 428 U.S. 543, [49 L.Ed.2d 1116, 96 S.Ct. 3074], determined that checkpoints do not constitute a Fourth Amendment violation of the rights of motorists and their passengers. The court found that neither warrant nor probable cause was required to briefly stop motorists at the checkpoint to ask a few questions. The same held true of singling out some of the motorists and their passengers for further inquiry which caused an additional three- to five-minute delay in most cases."

----

"The scope of our decision is simply that the quarantine officers may stop motorists at the inspection stations and request to look into the trunk of the vehicle. This is in accord with United States v. Ortiz and United States v. Martinez-Fuerte. If the motorist voluntarily opens the trunk of the vehicle, the quarantine officer may look therein and, as here, remove any plant materials in plain view for further inspection. We do not address the full scope of search which may be available for quarantine purposes as that is unnecessary to our decision. We also do not decide anything concerning the refusal to allow search for that is not the case before us."

Anyhoo, back to the dead-pile this thread shall go.

ETA: This case about a stop at a Fish & Game checkpoint is a funny read. Reminded me of PullNShoot's 'how not to do a 12031e check' video, but this is for real.

[Unit74]

Question: If they were to ask me to remove the seat and I allow it, am I "consenting" to a search of my tow vehicle as well?

Al

No. The inspection must be limited to the area in question. They are inspecting, not searching your PWC for mussels. There would be no reason to enter any other place other than where the mussels may be found.

Simply say specifically you can look in my bilge, no problem. If they go anywhere else, tell them you did not submit to a search of your property and ask them what their reasonable suspicion is for looking elsewhere.

[DrjonesUSA]

They don't want us bringing any fruits or nuts into this state because there are already so many here.

[guntntteacher]

How the hell does all the mexican fruit and veggies get in then?

[RudyN]

I came back from Las Vegas this past Thursday and was just waived through.

[Meplat]

Are you sure it was an AG inspector? Lots of Border Patrol check points that far south.

Obviously you didnt see my post in the 2admedment forum, where I was serached by a ag inspector coming from vegas a few months ago.

[SNEAKS]

If you have any type of watercraft that you are towing they will stop you and ask a few questions and check if you plug is out and craft is fully drained. They are looking for the quagga mussels. They also search any trailers that carry livestock.