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Re:My journey through the American immigration system as a c... by ddorian43 on Wednesday May 11, 2022 @12:21PM (#31342102)
Why did you deny an x-ray? I understand anal probing but don't understand x-ray?
Re:My journey through the American immigration system as a c... by gumby on Wednesday May 11, 2022 @12:32PM (#31342274)
The commenter had done nothing wrong, and anyway had no need for gratuitous exposure to radiation.

If you look at your comment, apart from the 4th amendment issues, it's kind of like a "have you stopped beating your spouse?" kind of question.

Re:My journey through the American immigration system as a c... by tablespoon on Wednesday May 11, 2022 @05:32PM (#31346105)
> The commenter had done nothing wrong...

Honestly, I'm not so sure about that, given the commenter. IIRC, in a couple of previous threads they've taken pretty strong positions that they'll do what they want regardless if the law says it's illegal and they're risking jail. Given that, I wouldn't be surprised if there was some suspicious or belligerent behavior on their part that they left out of the story.

Re:My journey through the American immigration system as a c... by notch656a on Wednesday May 11, 2022 @05:59PM (#31346421)
You know it all don't you, even though you weren't there? Care to use your 'belligerence behavior' to embellish more tales?

>they'll do what they want regardless if the law says it's illegal and they're risking jail

So go ahead and quote that, assuming it was said, and go on and explain where it creates articulable probable cause for an x-ray.

I honestly can't believe I'm even responding to this victim-blaming garbage. Try reading Ms. Cervantes complaint, who's circumstances were incredibly similar to mine but she was treated even worse, and think again about your opinion here.

https://storage.courtlistener.com/recap/gov.uscourts.azd.985...

Re:My journey through the American immigration system as a c... by tablespoon on Wednesday May 11, 2022 @06:17PM (#31346609)
> You know it all don't you, even though you weren't there? Care to use your 'belligerence behavior' to embellish more tales?

The situation is this: I don't know what happened, but I also don't trust your account of what happened.

>> they'll do what they want regardless if the law says it's illegal and they're risking jail

> So go ahead and quote that, assuming it was said,

Here you are advocating that convicted felons should manufacture guns that would be illegal for them to possess: https://news.ycombinator.com/item?id=29985376

Here you are claiming that you would continue to trade cryptocurrency from a prison ass-phone, in a hypothetical world were it was illegal: https://news.ycombinator.com/item?id=29922956

> and go on and explain where it creates articulable probable cause for an x-ray.

Why? I never claimed that at all.

Re:My journey through the American immigration system as a c... by notch656a on Wednesday May 11, 2022 @06:25PM (#31346718)
1) A felon can in fact legally manufacture certain firearms, such as working replica black powder rifles and pistols. These are not covered under federal law.

2) I stand by my belief that felons ought to be able to protect themselves with firearms of any type.

3) My belief that felons have 2nd amendment rights is not probable cause of having drugs.

4) There's no nexus by which officers inventing an alert or falsifying evidence is justified by my exercising of my first amendment right regarding belief in second amendment right of felons.

>Here you are claiming that you would continue to trade cryptocurrency from prison, in a hypothetical world were it was illegal: https://news.ycombinator.com/item?id=29922956

Again not probable cause of possessing drugs.

Your whole argument is a red herring. None of this is probable cause for possessing drugs.

>Why? I never claimed that at all.

So how is this even relevent? None of this first amendment protected activity and opinions provide any legitimacy to falsely accusing someone of having drugs up their ass.

Re:My journey through the American immigration system as a c... by tablespoon on Wednesday May 11, 2022 @06:31PM (#31346791)
> 1) A felon can in fact legally manufacture certain firearms, such as working replica black powder rifles and pistols. These are not covered under federal law.

That thread was not discussing "replica black powder rifles." It was discussing stuff like the FGC-9 (https://en.wikipedia.org/wiki/FGC-9), under the assumption that guns like that were illegal for felons to possess.

> Your whole argument is a red herring. None of this is probable cause for possessing drugs.

I never said nor thought it was "probable cause for possessing drugs." It's evidence of an attitude, and attitude affects the probability of certain behaviors that you may not have reported in your account.

Re:My journey through the American immigration system as a c... by notch656a on Wednesday May 11, 2022 @06:48PM (#31346942)
1) I never directed a felon to manufacture a FGC-9, although I would be pleased to find out they had. At various times I have praised the idea of felons and prohibited possessors carrying, which by the way can be done completely legally for example by carrying a black powder six shooter that will work as good as any other revolver.

2) Felons can in fact legally own and manufacture modern firearms after having their rights reinstated.

3) Felons can in fact own firearms legally by leaving the jurisdiction of the united states.

4) None of this first amendment protected opinions provide any justification at all for CBP officers faking a dog alert or manufacturing evidence during a strip search.

>It's evidence of an attitude, and attitude affects the probability of certain behaviors that you may have not reported in your account.

Ergo illegal detention and causeless strip searches (which even at border require PC) are justified? I take it Ms. Cervantes was also an HN poster? Did you even stop to think about whether you would like to live in a world where some low level podunk border patrol officers can fabricate evidence merely on the extremely unlikely chance they happen to read my HN and decide to target me because of my absolute stance on 2A and 1A?

Re:My journey through the American immigration system as a c... by tablespoon on Wednesday May 11, 2022 @07:39PM (#31347422)
> Ergo illegal detention and causeless strip searches (which even at border require PC) are justified? I take it Ms. Cervantes was also an HN poster?

No. I'll repeat the situation: I don't trust your account of what happened. That is all.

Re:My journey through the American immigration system as a c... by notch656a on Wednesday May 11, 2022 @08:31PM (#31347777)
That's your opinion. I invite you to read this excerpt [0] affidavit and decide for yourself whether that reads like anything other than made up garbage designed to fabricate probable cause. Then ponder why I would be released uncharged, and why if the allegations were true I would even be publicly discussing it online.

There are a few other paragraphs in the affidavit that are entirely uninteresting to read and offer no evidence whatsoever. I can tell you '10' and '11' here are the entirety of their argument 110%. Maybe I'll get around to redacting the other paragraphs but they offer nothing. If you want to know the 'other side' -- there it is.

I also have a pile of medical paperwork with doctors documenting there was zero evidence whatsoever other than being 'defensive' of being accused of this crime and being 'anxious' to be dragged up and down 60 miles from city to city in cuffs.

https://imgur.com/a/7kgVj5O

Re:My journey through the American immigration system as a c... by yowlingcat on Wednesday May 11, 2022 @09:12PM (#31348029)
You shouldn't have to defend yourself to some presumptuous asshole on the internet. I'm sorry for what happened to you. I'm also sorry you even have to defend what happened to you on this thread.

I remember after 9/11 getting detained on a flight out of the country than for no other reason than my family was the wrong kind of brown. I remember how unfair it felt watching my mom and my sister cry under the stress of what we all knew was security theater. I remember seeing my dad pull out some diplomatic reserves from somewhere I didn't know in order to de-escalate the situation and get us on to our flight.

We were lucky that day. Many people were not. These situations shouldn't have to be about luck. They should be about fairness, safety, practicality, and most of all respect.

Re:My journey through the American immigration system as a c... by notch656a on Thursday May 12, 2022 @03:15PM (#31358925)
Authorities regularly stop people who's flight itinerary include certain nations. When I flew to Iraq, I split my ticket.

I flew to Sweden, and then on an entirely different ticket paid for via Swedish company from Sweden to Iraq.

This isn't advice or saying to do that. But when I did it, the computer in the US didn't know to flag my flight -- I looked like a normal person just going to Sweden. It's all horse shit of course, going somewhere the government doesn't approve of isn't evidence of a crime.

Re:My journey through the American immigration system as a c... by tablespoon on Thursday May 12, 2022 @12:22AM (#31349260)
>> No. I'll repeat the situation: I don't trust your account of what happened. That is all.

> That's your opinion.

You are quite correct: that is my opinion.

> I invite you to read this excerpt [0] affidavit and decide for yourself whether that reads like anything other than made up garbage designed to fabricate probable cause.

Honestly: it could be made up or it could be true. There's nothing there to tell either way.

One thing I don't doubt is that you weren't, in fact, smuggling drugs.

Re:My journey through the American immigration system as a c... by Karrot_Kream on Wednesday May 11, 2022 @08:02PM (#31347593)
Good thing case law in the US doesn't revolve around attitude right? I'm aghast at even having read this thread. What victim-blaming nonsense. Attitudes like this are exactly why the US incarcerates more per-capita than any other G20 country.
Re:My journey through the American immigration system as a c... by tablespoon on Thursday May 12, 2022 @12:13AM (#31349202)
> Good thing case law in the US doesn't revolve around attitude right?

It doesn't, and it's pretty clear you're grossly misunderstanding me.

Re:My journey through the American immigration system as a c... by yowlingcat on Wednesday May 11, 2022 @09:02PM (#31347979)
What "situation" -- the one where you constantly doubt the story of someone you have never met, based on their "evidence of attitude" which is really just your opinion?

Are you employed?

Re:My journey through the American immigration system as a c... by tablespoon on Thursday May 12, 2022 @12:19AM (#31349235)
> What "situation" -- the one where you constantly doubt the story of someone you have never met, based on their "evidence of attitude" which is really just your opinion?

The situation in this thread.

Am I supposed to believe everything I read on the internet, or always believe I'm getting the whole story?

> Are you employed?

Of course.

Re:My journey through the American immigration system as a c... by notch656a on Wednesday May 11, 2022 @12:36PM (#31342340)
"Why wouldn't you just consent to an intimate unwarranted and unjustified search of your body that is completely medically unnecessary, with the expectation that the hospital will probably send you the bill afterwards?"

Every single 'search' along the way was used to fabricate evidence against me. Remember these people are professional psychopathic liers so every inch you give them, they just use it to justify something even worse.

1) The dog -- never alerted -- they lied and said it alerted on my anus (WTF!?!). Used to justify a scan of my body with some x-ray looking machine at the border.

2) The "machine" (IDK what it was, but looked like a body scanner type thing) -- there was nothing, but then someone claims they "Saw something" which turned out to almost assuredly to have been my belt buckle.

3) The machine was used to justify strip searching me.

4) Fabricated evidence from the strip search was used to justify dragging me to hospitals for an x-ray.

Now what was to be expected next? It just doesn't end. I did nothing wrong.

Re:My journey through the American immigration system as a c... by ROTMetro on Wednesday May 11, 2022 @01:01PM (#31342733)
Don't forget the 'good faith' deference that the Courts give to these people. They can lie, you can have actual evidence to show they are lying, but the court will extend 'good faith' to their testimony and hold it above the facts you demonstrate. Reality can literally be trumped by their lies. The USA has gone crazy in its support of the authorities. Oh, what, your evidence wasn't kept secure, and no one filled out any of the required logs of who took it out? Well, we'll throw out all of the rules and still accept it, because we extend 'good faith' to the officers. Why even have rules then if the officers aren't required to follow them and they know they will be given an excepts because of 'good faith'
Re:My journey through the American immigration system as a c... by jka on Wednesday May 11, 2022 @12:55PM (#31342655)
I believe it, and that's a heinous series of events. Perhaps someone got confused, or there was an identity mismatch, or something. They're no excuse, but clearly something happened.

It's understandable (and not necessarily wrong) to vent here, and I'm not going to ask whether you have done this already, because it's not useful to draw out an answer, but: if you can, find the relevant anti-corruption agency and report the events to them.

There's a chance that doing so might increase the likelihood of harassment again in future -- I have no idea how these things show up on border entry systems -- so it's your choice, but the key idea is to get a paper trail in place that will show up if (and hopefully when) investigations are later taking place.

I haven't worked in law enforcement, but I imagine that the same way that good policework involves collecting statements and records of events to put together a case, internal (or independent) investigations into misconduct require similar records. The ability for individuals to get away with bad conduct is, I'd guess, based on people believing that it's not worthwhile to file reports against them. They do get caught when they are.

Re:My journey through the American immigration system as a c... by notch656a on Wednesday May 11, 2022 @01:01PM (#31342742)
Appreciate the advice.

>There's a chance that doing so might increase the likelihood of harassment again in future

I'm probably already at max likelihood already. I am detained 4+ hours everytime I enter the country. In 2015 I fought alongside the Kurdish militia YPG in northern Syria against ISIS, and ever since the CBP has targeted me. There is a flag on my passport that basically says 'harass him' as best as I can tell.

>if you can, find the relevant anti-corruption agency and report the events to them.

Still in the process of filing the complaints against the relevant medical professionals who violated patient consent. I am currently working in order of operations from where I expect justice to be most likely (complicit medical workers) to where I expect justice to be impossible (CBP officers).

Re:My journey through the American immigration system as a c... by jka on Wednesday May 11, 2022 @01:33PM (#31343202)
You're welcome. That's a tough situation; I don't know if there's much I can say.

Sounds like you've got a good, considered approach, so keep up the work to improve the environment and keep in mind other ways you can develop (and enjoy) your time is probably the best platitude I can offer (and one you probably already understand).

Re:My journey through the American immigration system as a c... by ROTMetro on Wednesday May 11, 2022 @01:05PM (#31342801)
Maybe 20 years ago the system worked, but it does not work currently. While I was incarcerated all of the decent COs quit or descended into drug/alcohol abuse if they had to keep the job. One was like 2 years from retirement and he just couldn't work in such a messed up system anymore. We had one counselor who actually helped people. They demoted here to a horrible work situation because she was helping people with COVID release paperwork because we had no access to the law library due to COVIDE. It was actually part of her job description to provide that help with copies (and optionally charge us per copy depending on if we were indigent), but that didn't matter. She was too helpful so she had to go.
Re:My journey through the American immigration system as a c... by notch656a on Wednesday May 11, 2022 @01:16PM (#31342982)
It's also worth noting that the COs you refer to are part of a jobs pipeline that feeds into immigration related officers. Immigrants will be treated by the same COs you met while incarcerated, and this time there is not even the pretense there has been a 'justified' conviction.

Criminal 'justice' in US is in dire need of overhaul, and an actual plan on how to get our imprisonment rate down to other first world nations.

Re:My journey through the American immigration system as a c... by sudosysgen on Wednesday May 11, 2022 @09:06PM (#31347999)
Your story deserves to be published.
Re:My journey through the American immigration system as a c... by ddorian43 on Thursday May 12, 2022 @03:16AM (#31350285)
I just thought it would maybe help you and not be a lot of medical problem. I wasn't saying that they were right, you just needed to get out of the situation.
Re:My journey through the American immigration system as a c... by notch656a on Thursday May 12, 2022 @03:09PM (#31358837)
I understand you're thinking from the lense that CBP are neutral fair observers. This is far from the case.

Persons such as Mr. Eckert who went through the x-ray, found that after that there were even worse things to come such as a colonoscopy [0]. Thes entities just want to dig deeper and deeper, and there will basically be no stopping until they even knock you out and insert a camera into your colon. The only winning move is not to play.

[0] https://www.cnn.com/2014/01/16/justice/new-mexico-search-set...