Can U.S. border guards do warrantless searches? If I am a U.S. citizen entering the United States by car from Canada or Mexico can border guards legally search my car without a warrant?
Yes. At international borders and international airports (because those are the equivalent of a border), US customs officers may do searches of people and belongings without a warrant and without any particular reason to think they'll find contraband. This includes the authority to do some level of disassembly of the car, if they then reassemble it. See United States v. Flores-Montano, 541 U.S. 149. This is known as the "border search exception." Moreover, police normally don't need warrants to search your car if it was mobile when they found it and if they have probable cause to believe they'll find contraband. This is known as the "automobile exception" or the "motor vehicle exception." It was established in Carroll v. US, 267 U.S. 132. Individual states may have stricter requirements on police searches, but the Fourth Amendment doesn't require police to get a warrant to search your car if, say, you drove it up to a checkpoint and they have probable cause. The difference at a border is that they don't need probable cause and the car never had to be mobile: they can search you on a hunch.
Texas and California are actually what are called Presumed Speeding states, unlike most others which are Absolute Speeding states. (There is a little known third category called Basic, but this is uncommon). In a presumed speeding state, a speed-limit violation offers someone in your shoes far more flexibility in building your defense than the more common absolute state. In states that use this presumed system, such as California and Texas, it is not illegal to drive over the posted limit as long as you are driving safely and this can be established. For example, if you are driving 50 mph in a 40-mph zone, you are "presumed" to be speeding, yes. However, despite this prima facie evidence (meaning "on its face") of speed in excess of the posted limit, if you can show you were driving safely you may be able to mount a pretty decent defense. Just because you got a ticket is not prima facie evidence beyond a reasonable doubt that you were speeding. You are presumed innocent. If they prove you were speeding this is all they need to make their case, unless you rebut it. But there is a lot of room to rebut this presumption &ndash; and that is if they prove it. They must (as with all criminal cases) prove you did what you are accused of beyond a reasonable doubt &ndash; the highest standard of proof in the U.S. So, if everyone was going 80 MPH in a 70MPH zone, you would argue that the road was (I'm assuming) dry, unmarred, you were traveling in heavy enough traffic that to slow your speed to the posted limit would actually be less safe than traveling with the flow of traffic. You can talk about the state of your vehicle (repair, handling, etc.), how you stayed in one lane, and you can describe your skill at driving &ndash; especially if you have no other tickets and you have been driving for a long time. If you were weaving in and out of traffic, riding someone's bumper, if it was pouring rain, the road was bumpy or under construction, or if you admitted speeding (if you did this you can still rebut with a showing of safe driving, but ignore all info regarding challenging radar or other means of determining speed), or if any other evidence exists that the officer would testify to that shows you were not driving safely, this will not be successful. A successful example of a speeding defense in Texas: on a clear, dry morning with no other cars on a wide, straight road, a man is pulled over for being clocked going 50 mph in a 40 MPH zone. He had a perfect record and had been driving 22 years. He was driving a 2-year-old car. He convinced a judge that this was driving safely given those conditions and was acquitted. That's because facts presented were sufficient to "rebut the presumption" that by going over the posted limit he was driving at an unsafe speed. NOTE: Never bring up your driving record unless it is spotless. Unless you are a habitual offender it cannot be used against you or be brought into evidence at all, unless you open the door. You can also mount a defense based on the radar detection device, if one was used. You can seek records as to when the calibration fork was last checked, when the last time it was professionally calibrated (rather than self calibrated). You can ask, in a leading way (only if you know) how close the car behind and in front of you were (you don't want to be too close to the car in front of you, however if the cars were tightly grouped it is more likely the radar detector could have read another vehicle): e.g., "Isn't it true that the car behind me was only 1.5 car lengths behind me?" Only do this if you know, but if you can get the officer to admit that the car behind you was close, that can be used to rebut the radar detection and goes to the argument that driving slower would have been dangerous and you were driving safely with the flow of traffic. You should be prepared to put on an entire trial if you fight the ticket. In Texas, I believe speeding is considered a Class C criminal offense (rather than a civil offense as in most absolute states); hence, they have to build the prima facie case against you and prove it beyond reasonable doubt. If you can afford one, get a good traffic violation attorney. Always choose a jury in this type of case. Everyone speeds a little and you are far more likely to be acquitted by a jury than a judge. You should also ask to have the case assigned to the county seat; request this in writing ASAP. If you are trying the case, be prepared to go after the officer. Note any distinguishing marks on your car (if any), recall what you wore, what time of day, the lighting, all that. Even go back to the scene at the same day and time and take video showing the flow of traffic, (hopefully) the straightness of the road, etc. Cross-examine him on all facts with confidence and in a leading manner. Always ask for the calibration reports and you will get all evidence against you in discovery. This thing about 10mph being the minimum they can give a ticket for: ignore that, it's rubbish! It's meant to get you to admit to him that "you were only going 8 or 9 over." Also, that whole percentile argument is not relevant and will not work at all. You must show that you were driving safely given all the facts and circumstances to rebut the presumption that you were driving unsafely by speeding. It is worth fighting as you will also incur surcharges, increased insurance rates, and points on your license that are cumulative and stay for 3 years &ndash; a certain amount of which gets you suspended if you get (or have) more violations.
The 5th amendment protects you from self-incrimination. If by possessing a firearm you are in violation of the law you cannot be compelled by law to reveal this information. If the police discover you have a gun in violation of the law you can be arrested and prosecuted for that offense. They cannot additionally prosecute you for not telling them about a gun. I thought there was a supreme court case about this specific situation, but the closest I can find for now is Haynes v. United States. The 7-1 majority held that people prohibited from possessing firearms cannot be compelled to register their firearms that they are possessing illegally. They are stopped by the police and asked this question. They answer truthfully. Then they can be arrested and prosecuted for the illegal possession of the gun. How does this square with the right not to self-incriminate? Or is asking the question considered to be a search? Police can generally ask whatever they want. If you choose to waive your 5th amendment rights, that's your mistake. Can the state prosecute this person for carrying the illegal weapon? The state can generally prosecute crimes it knows about. So yes, in this case they can. Suppose that next to the weapon a stash of illegal drugs is discovered, which was only found due to the action taken to secure the weapon. Can the state prosecute for that? The state can generally prosecute additional crimes it uncovers during investigations or other lawful actions. So yes, this can be prosecuted.
In most U.S. states, a citizen's arrest using proportionate non-deadly force is authorized when the citizen has witnessed the crime or has been asked by a law enforcement officer to assist in making an arrest. The U.S. Constitution is not violated by this authorization. For example, in Colorado, citizens arrests (not made at the direction of a law enforcement officer) are authorized by Section 18-1-707(7) of the Colorado Revised Statutes, which states that: A private person acting on his own account is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to effect an arrest, or to prevent the escape from custody of an arrested person who has committed an offense in his presence; but he is justified in using deadly physical force for the purpose only when he reasonably believes it necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force. Generally speaking it is illegal in the context of a citizen's arrest to use: disproportionate force, force applied to punish rather than detain someone, or deadly force, although there are times when deadly force is authorized for reasons similar to those that would apply for self-defense in the absence of a citizen's arrest. Deadly force is generally not authorized to protect tangible personal property or most forms of real property, but some places authorize the use of deadly force to protect a residence. I've heard before that a thief have "right" to flee, and trying to knock him out is not justified because you can only use violence to protect your self, instead of your money. While it is understandable that you might think this based upon U.S. Supreme Court cases like Tennessee v. Garner (1985), the law is actually more nuanced and that case held that: when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others." It was found that use of deadly force to prevent escape is an unreasonable seizure under the Fourth Amendment, in the absence of probable cause that the fleeing suspect posed a physical danger. Thus, it is illegal to shoot to kill a fleeing thief or shoplifter, even though it is not illegal to restrain a shoplifter physically to prevent that shoplifter from fleeing the scene prior to the arrival of the police.
Short answer: tinted windows are banned in most of Mexico, and rolling down the windows (at least the front windows) should keep you out of trouble in &gt;99% of cases. Long answer: First, the law (mirror) seems to say that tinted windows are forbidden in most (all?) Mexico: [In all] Mexico, tinted windows are prohibited. They are banned. Except some tinted windows made by manufacturers. http://forums.bajanomad.com/viewthread.php?tid=46637: This article says the Mexican federal highway police will now be confiscating cars with tinted windows so dark that they cannot see inside, until the owners remove the polarizing paper. This is in accordance with Article 13 of the federal tranportation rules. It does not say what will happen with cars with factory tinting, since that cannot be removed. Second, on the enforcement of this law, it is sometimes enforced: TIJUANA – Hundreds of drivers have been stopped in Tijuana and ordered to remove after-market tint from the windows of their vehicles this week after a new law intended to help reduce crime went into effect. More sources. The enforcement seems very random. I did witness it myself that it is still currently enforced, at least in Tijuana. Regarding the effectiveness of rolling down one's windows to avoid triggering the police, http://www.city-data.com/forum/san-diego/321508-warning-message-those-who-driving-their.html says: I talked with the Police at the Ocho Street station last week. When driving in Tijuana, rolling down your front windows is OK for a tourist. Do it as you approach the border and while in Tijuana. It is only a ban in Tijuana, Rosarito and south is OK. https://www.tripadvisor.ca/ShowTopic-g150774-i256-k1967450-Dark_window_tint_banned_in_Tijuana-Rosarito_Baja_California.html: I went to the 8th street Police station (Tijuana) to find out what was up. I was told that the ban applies to only the front side windows. Rear side and back are OK (as in California). NO tint (other than factory) is permitted, even my light tint. They told me that, as a tourist, when in Tijuana just keep the front windows down, no problem. It's what I do, and -- no problem. https://www.reddit.com/r/tijuana/comments/92grg1/tijuana_window_tint_info/ When I get lit up, I immediately roll down all four windows in the car and when I pull over, I turn on the interior lights for them if it's at night. In the very unlikely event one gets pulled over despite having rolled down one's windows, one can use this trick: And while I have not had to do this, several of my Amigos have had great luck with not speaking Spanish to the cop (whether or not they know Spanish) and then saying they don't understand the cop's accent or why they were pulled over - being polite the entire time - and say they are going to call 078 to get help translating (078 is the Baja California tourist help line - it is staffed by English speaking operators). Invariably, the cops all the sudden get a more important call and have to leave immediately and let you off with a verbal warning. https://www.bajanorte.com/en/assistance-078/ Note that, from the same source: if you have Cali plates, you are at a higher likelihood for being pulled over, regardless of tint or actions.
You give no jurisdiction but in general: First, police have no obligation to be honest. So, yes they can collect this without consent by e.g. taking hair from your hairbrush (with a warrant) or giving you a glass of water while interviewing you and getting it from your fingerprint oils (which may not actually be technically possible but never mind that). No, they can't take it by "force" by sticking a swab in your mouth. Yes, it will almost certainly go into a database. Of course, there are some jurisdictions where police are entitled to decide you are guilty based on the fact that you didn't pay them a bribe.
You will still have to pay A ticket can be ammended if the state so chooses (they can look up what color and model your car is). The car is probably on video. The officer can testify if they wrote your car info down somewhere else. And if they identified you inside the car as the violator, the car's color hardly matters. The idea that minor mistakes or omissions on tickets can get you off is a myth. From an actual lawyer
Main Question: Most likely not under Magnuson-Moss or U.C.C.. Question 1: If a charge payable before hand was not set forth in any written warranty, it is most likely not legal to deny remedy to the consumer. However, even if it was, it is possible that it would not meet the federal minimum standards for warranties as, per paragraph (d) a warranty has to provide for remedy without a charge. If there is absolutely no way for you to obtain the information to prove that a remedy is due — for e.g. no third party has legal or technical capacity to diagnose the vehicle — that is likely also a term to be found unconscionable and void, and may be found fraudulent, malicious and/or oppressive which may entitle one to collect punitive damages. (It is worth obtaining written confirmation of whether this decision is made in accord with their policies or on a line that they announce to be recorded) Question 2: Most likely same as Question 1. Question 3: Most likely same as Question 2. According to 15 U.S.C., subsection (a) of Section 2302 entitled &quot;Full and conspicuous disclosure of terms and conditions; additional requirements for contents: &quot;In order to improve the adequacy of information available to consumers, prevent deception, and improve competition in the marketing of consumer products, any warrantor warranting a consumer product to a consumer by means of a written warranty shall, to the extent required by rules of the Commission, fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty. (4) A statement of what the warrantor will do in the event of a defect, malfunction, or failure to conform with such written warranty—at whose expense—and for what period of time.&quot; (5) A statement of what the consumer must do and expenses he must bear. (6) Exceptions and exclusions from the terms of the warranty. (7) The step-by-step procedure which the consumer should take in order to obtain performance of any obligation under the warranty, including the identification of any person or class of persons authorized to perform the obligations set forth in the warranty. (12) The characteristics or properties of the products, or parts thereof, that are not covered by the warranty. (13) The elements of the warranty in words or phrases which would not mislead a reasonable, average consumer as to the nature or scope of the warranty. It may, in addition to any or all of the above, be a violation of paragraph (8), (9), (10) and/or (11) based on specific fact patterns. To the 2nd point added: If the manufacturer stated that the vehicle would run at least a certain number of miles on a full charge for a certain number of miles driven or number of years, and did not stipulate it otherwise, they would have to remedy this. It is highly likely that they tried to evade making such written statement (if not written, it's not a warranty under Magnuson-Moss). If they did, and they did not define the scope of what they would have to do in the case of a defect or malfunction, they would have to remedy it by repairs within a reasonable time; if they fail, they would have to refund or replace. This does not mean that it is likely worth pursuing the matter in court other than maybe in small claims (See: ohwilleke's reply to this question for a general explanation). Moreover, most auto manufacturers put arbitration provisions in their sale contracts and/or their warranties and generally it may be required of one to opt out of it within 30 days of entering into the agreement. If that took place, first the dispute would likely need to be disputed through a qualified dispute resolution mechanism of the manufacturer, dealer, distributor and/or sellers choice depending on who gave the warranty. The specific State's lemon laws may provide for civil penalties for willful violations which may or may not be a very high bar to meet depending on the State's case law, and which is more likely to make it worth for &quot;lemon&quot; lawyers to take the case, but generally they are not a great deal more like hyenas of this segment of the law. It may still be worth considering for one depending on the specific facts, including State jurisdiction and the impeding nature of the nonconformity. (Please specify a State for the State's lemon laws applicable in this hypo)