Quote:
Originally Posted by Ethersync
They can ask him anything they want, but they have no legal right to make him answer and they have no right to detain him unless there is probable cause. Not answering questions is not probable cause as far as the law is concerned.
He was not passing across the border. This is an INTERNAL checkpoint.
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You are 100% correct. They can ask him anything they want and he has every right not to answer them. But not answering their questions will make them suspicious. When they get suspicious they want to look in the car. I'm sure they could argue that their probable cause was that he was being combative and that they suspected he was smuggling something.
To me it comes down to location. If you are diving down the street in your neighborhood and the cops pull you over and start giving you hell just because they are bored they shouldn't be allowed to do that and you should be allowed to not answer them and not be searched. You are not in suspicious area or acting in a suspicious way. However, they don't have checkpoints just for the fun of it. If you are in an area where there is a checkpoint it is because bad things tend to happen in that area. So there is already a heightened sense of suspicion when you are in that area. It is kind of like if you are just hanging out on a street that is know primarily for being a drug dealing area or a prostitution area, chances are you are not there just to enjoy some fresh air. So I can see why when they questioned him and he refused to answer they decided he was acting suspiciously.