Family ARRESTED for Refusing ILLEGAL Search!

FB is not allowing to post a comment to your video . thought I d let you know

What crimes were they all charged with?
What was the bail amount?
Can you post copies of any documents?
What happened to the children?
You really should provide more details.

Too many people like Mcgowan who don’t care about the Constitution and don’t understand what makes America different than China. We have individual rights and though I might not handle the situation the same way, this family correctly stated their Constitutional rights. All these type of searches are illegal and they need to be stopped. The rights provided to the people of America that we are born with are fundamental to our nation. If the basis of our law is destroyed we are no longer living in freedom.

If this happened 2 weeks ago why has it not shown up anywhere on Facebook or anywhere else? How could it be suppressed so completely? If it is factual it needs to be shown everywhere. Were they jailed? Did they get the children back. Breaking that window in front of children is outrageous. The arrogant contempt was evident.

First of all these agricultural checkpoints, as much as I disagree with them, have essentially been found to be constitutional by the highest courts. What they do is not considered a search requiring probable cause as it’s considered an administrative check at a border crossing, and they operate on consent: you are allowed to turn around, leave, and enter the state at a different crossing where there is no checkpoint. Of course I disagree with the spirit of these checkpoints as a liberty minded person but you really have your work cut out for you to challenge this since again, we’re talking about decades now of case law upholding these acts as constitutional.

The next issue is that when the police stopped you, they were acting lawfully under Terry v. Ohio. This is what’s known as a Terry stop. They had the right to momentarily detain you if they believed a crime had been committed, which it had, technically, since you illegally crossed an agricultural checkpoint– again, whether I or you like it or not, a legally and lawfully upheld checkpoint by the highest courts in the land. And although there is no stop and I.D. statute in California, under the vehicle code you’re required to provide license, et al. if you’re operating a motor vehicle, so there is another crime. In all of this they’re willing to write a ticket… But the situation continues, and at one point you were essentially being placed under arrest, and of course you later were. Yet in all of these scenarios, it would not involve 4th amendment rights violations.

So we’re not talking about hard rights violations per se, we’re talking about the gray area of law and your protest of that law. We’re talking about an act of activism. I encourage anyone to protest and activism and I praise them for their attempts, and sympathize for their losses, as I indeed extend all of that to you. All I can say is, truly, know what you’re getting into. Have a plan. Know the law as it stands, not how it should be. Have a lawyer retained, and have a battle chest with the better part of your legal fees locked up tight before you decide to take your stand and protest.

And please, don’t do it when your child’s in the car. Especially not in California. You are so unbelievably lucky you got your kid back as quickly as you did. Commentary on that unbelievably immoral system of CPS, etc. would require another post, of its own, entirely, so I will leave it at that.

The arrested family are just acting like a bunch of rude, selfish jerks.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things …”

A simple agriculture inspection to protect all of the people and businesses of California IS reasonable.

Thank you for standing up for us all.