Violation of Fourth Amendment rights

[wg2001us]

What is the name of your state (only U.S. law)? Florida
I was stop by US Customs and Border Protection on the highway, and held there until Florida Highway Patrol showed up. There was no border search and seizure authority, isn't that a violation of my fourth amendment rights? Can I sue CBP? This was a traffic stop is that allowed?

 

[justalayman]

What was the violation you were stopped for?
Did the state police arrest you for something? If so, what?

How did border patrol effect the stop and detention?

 

[CdwJava]

I cannot navigate the FL statutes all that easily, but, in virtually all states, federal law enforcement do have the authority to affect a detention for a public offense committed in their presence. Not to mention that you did accede to their authority by pulling over.

If you were cited for a traffic offense by the state officers, then you can always try and argue the initial detention at trial. If you were not cited, then it might cost you many thousands of dollars - to even begin trying to sue anyone (assuming an attorney would take the case at all). Ultimately, I suspect that there is no legal issue here.

WHY did they pull you over?

 

[LdiJ]

I cannot navigate the FL statutes all that easily, but, in virtually all states, federal law enforcement do have the authority to affect a detention for a public offense committed in their presence. Not to mention that you did accede to their authority by pulling over.

If you were cited for a traffic offense by the state officers, then you can always try and argue the initial detention at trial. If you were not cited, then it might cost you many thousands of dollars - to even begin trying to sue anyone (assuming an attorney would take the case at all). Ultimately, I suspect that there is no legal issue here.

WHY did they pull you over?

I am wondering what US Customs and Border Protection were even doing there at all? I do not know of any FL highways that are in conjunction with any ports in FL, although there may be spots I missed. This just sounds very odd.

 

[wg2001us]

I was head to a family members house when I start to fall asleep. I decided to pull over, catch a breather when an unmarked vehicle pulled behind me and turn on he police lights. He never came to talked to me just held me there to high patrol showed up. He told them he saw me going in and out of line and believe I was intoxicated. I received a wreck less driving violation but I pull over on my own and Highway patrol never observed me driving. The CBP offer can initial a stop for traffic infractions.

 

[FlyingRon]

I was head to a family members house when I start to fall asleep. I decided to pull over, catch a breather when an unmarked vehicle pulled behind me and turn on he police lights. He never came to talked to me just held me there to high patrol showed up. He told them he saw me going in and out of line and believe I was intoxicated. I received a wreck less driving violation but I pull over on my own and Highway patrol never observed me driving. The CBP offer can initial a stop for traffic infractions.

So you were already stopped? Well then, they don't even need a reason. This is called a consensual stop. They're free to ask you questions. They don't need to see you drive. You mean reckless driving? If they don't have evidence of you doing anything unsafe, then you probably can beat that. However, anything you say can be used against you.

 

[Silverplum]

You were napping on the shoulder of the highway?

 

[CdwJava]

Yeah, that doesn't sound very much like a stop. You were already stopped on the side of the road and the state police came along and did what they did. You can argue the matter in court.

What code section(s) were you cited for?