Right now we have probable cause to believe that you're here for alien smuggling, which means before we pull you out of the vehicle you need to turn the ignition off. You're going to need to stop talking so I can explain it to you. Go ahead. Hi Nelson, you need to put your phone down. I'm not going to I'm not I don't agree to be recorded, so. Uh this is my first amendment right. It's not actually. I don't need your constitution. I'm not interested in it. I'm not interested in in don't want to see my constitution? How can you feel good about yourself, huh? What did you do? That was [ __ ] bold. You pointed to it. Your dog did not alert. before I You [ __ ] liar, dude. You're a [ __ ] scumbag. Welcome back to the Lackluster channel. Today's story was submitted by a viewer named Luke on July 11th, 2021. Luke was vacationing in Jacumba Hot Springs to take pictures of the abandoned buildings and railroad tracks. Shortly after leaving the small town, he was pulled over by the CBP. What's going on? How's it going? How can I help you guys? What is the reason for the stop, please? You got to You got to turn your phone off, please. No, no, no, no. have to turn the engine off first things first. No, I don't know what's going on. I'm driving. Okay. Yes, I understand. Right now we have probable cause to believe that you're here for alien smuggling, which means before we pull you out of the vehicle you need to turn the ignition off. What Agent Ryan said that is most concerning is quote, "We have probable cause to believe you're here for alien smuggling." Reasonable articulable suspicion is discussed often on this channel, but probable cause is an entirely different animal. Probable cause is central to the Fourth Amendment, 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 warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. The Fourth Amendment doesn't define probable cause, but today we know it to be the standard by which police have reason to arrest or search a suspected criminal or acquire a search warrant. The principle behind probable cause was to limit the power of authorities to perform random or abusive searches and to promote lawful evidence gathering. No warrants shall issue but upon probable cause supported by oath or affirmation. An oath is a promise to a deity and an affirmation is a pledge on one's personal honor. In claiming that she has probable cause, Agent Ryan is declaring that before her God and on her personal honor, she has enough evidence to arrest or search Luke for alien smuggling. Let's see how this pans out. Smuggling? Wait. You need to turn off the engine, please. Yes, sir. I don't have anything to smuggle. I don't know what I'm Keys are on the dash. At least turn off the engine. No, no, no. Stop. Stop. This is my constitutional right. Your No, sir. No. officer safety. This is not No. to be turned off. This is my constitutional right. You can still have to turn off the the Constitution in my dash. I will We don't care about any of that stuff. Want the engine turned off and we'll go from Yes, sir. It's off. Okay. Thank you. This is my constitutional right. I do not I do not want to be searched illegally. I'm driving. What is your probable cause for stopping me today, please? explained that to you. Then go ahead, ma'am. Okay. So, I can I can do it again, but you're going to need to stop talking so I can explain it to you. Go ahead. And also need you to put your phone down. So, I'm not going to I don't I don't agree to be recorded, so Uh this is my first amendment right. It's not, actually. You cause of alien smuggling, we're allowed to actually pull you out of the car and search your vehicle. What are you going to find? I have nothing to be wary of. that you're trying to be so evasive, though. No. a normal interaction. Most people are sir people are just like, "Hey, man, we'd like to be on our way." Can I explain? It's best to never explain anything to law enforcement. At this point, they've clearly made up their minds that they will do what they came to do and anything you say will only be used against you. As an example, Luke asked what their probable cause is as probable cause should be clear and defined, but not a single agent on scene has offered Luke any probable cause by oath or affirmation. Instead, they claim that they've already told him and that most people are nice and allow the Border Patrol agents to perform warrantless searches and seizures. You're going to need to stop talking so I can explain it to you. Go ahead. Hi Nelson, you need to put your phone down. I'm not going to I'm not I don't agree to be recorded, so Uh this is my first amendment right. It's not actually. No. This is a normal interaction. Most people are Most people are just like, "Hey man, we'd like to be on Can I can I explain? Next, they'll threaten him with a multiple hour detention for not allowing them to search his trunk. But, if they had probable cause, all they had to do was arrest him and force the search. If we have probable cause of alien smuggling, we're allowed to actually pull you out of the car and search your vehicle. Which leads me to believe that there is no probable cause for the now five agents to be on scene. I'm driving down here. I'm from Orange County. I'm just searching. I'm checking out the area. So, you got anything in your trunk? No, I do not. Okay, so we can look in it? No, you cannot. That's my fourth amendment right. a K9, which means you're going to have to stay here for a couple hours. Which is fine. I have nothing to be wor- worried about. You guys are absolutely What's your Sir, what's your name? I Look, my name's Luke. I I don't I'm not here to steal anything. Okay. I I think you're overreacting. I think you're the one overreacting. Everyone here is just talking to you normally and you're raising your voice. Sir, you came at me with guns. You have three vehicles. There's no guns. There's no guns. You have three vehicles. You got a gun on your hip. I I have a gun on my hip. That's that's preposterous. I I have a right to be kind of concerned what's going on, okay? Not really. No. I got these three guys, four one. Sir, what's your name again? Agent Parker. Okay, what's your badge number? I don't have to tell you that. Okay. Um So, what are you doing? What are you What are you here for? Like I said, this is really it's a basic simple thing here. I mean, I don't see No, I No, so you guys are going to try and antagonize me to give in to search my vehicle. I got nothing to be worried about. You have the right to refuse the search of the vehicle, but we have the right to call a canine. I'm Yes, sir, you do. I'm going to go I'm going to reach into this. You can watch. It's my Constitution in my glove box. Well, I don't need your Constitution. I'm not interested I'm not interested in want to see my Constitution? not need to see that. That is not Did you take an oath to the Constitution? Yes, I did. You know what? I don't think you did cuz you're not following the Constitution. How do you figure? What's your reason for stopping me, sir? We have reason to believe that you might be here to smuggle. Smuggle? You're not from You're coming down from Orange County. You're Do I have the reason to Do Do I have the right to travel? Yes. Yes, so why am I being stopped? Because Articulate the probable cause. You guys want to laugh. Look at you. You're laughing. You can't even articulate it. No, you're not letting us check your vehicle. You're yelling. No, no, you're not letting us check your vehicle. You cannot articulate a reason a suspicion for traveling down here. Articulate it. person does not act the way you do. Okay, I can't person the way you're acting is not the way a reasonable person acts in a vehicle. Look, sir, there's five of you surrounding me. I I'm going to get anxiety a bit, okay? Just everyone calm down. We're just talking to you. We're just asking questions. Yeah, it's it's CBD, sir. It's CBD. It's CBD. Look at that. Here, I'll I'm going to roll down the window, okay? I'm going to roll down the window. Look. Yeah, you can roll down the window all you want. We We can look in your vehicle. You're No, no, you can't. Yeah, we can look in your vehicle. Look, sir, it's an investigative detention as long as we can come to the fact that you're not committing a crime. No THC. No, we can look No, sir, there's not, okay? Uh He has Put right now unless he put them back in. No, sir. My keys are right here. My keys are going to stay on my hip. Look, there's nothing on me. I don't have any any weapon on me. There's a knife right here. I'm not going to reach for it. That's good. Please don't. I'm not. My hands are up. Are there any other weapons right here? No, sir. There is not. That's cool. Well, just sit tight. We got a canine unit. We're going to Yes, sir. quick sniff on your vehicle and then uh Yeah, I know. That's That's how it goes. I get it. You know, you have a right to uh call a canine in, but I'm just here. I'm look I'm exploring pretty much is what I'm doing, and you guys are making a fool out of yourselves cuz I'm not doing anything wrong. We're doing our job. That's what we No, you're not. Well, that's why you're being stopped. the fence right there? We're patrolling the border. Yes, sir. Right here at the border. No, no, no. You came You guys followed me. You followed me for For what did you pull me over for? You cannot articulate it. You think I'm just a dumb kid. I I'm not I'm no fool, dude. I am no fool. You cannot pull me over like this, and you cannot even articulate why you pulled me over. No, sir. You have not. Because I'm traveling, and I I'm driving with a backwards hat. I'm traveling I'm driving 40 mph. You think I'm smuggling. I'm a white Caucasian male. What am I going to smuggle? Here we go. We have a Karen right here. Yes, you're looking at it right in your selfie collection. Yep. All right. Here's the Here's the skinny on the situation. guys? No, seriously. This is why people This is why people hate cops. This is why people hate cops, and I don't hate cops. But, you know, you guys pull people over for no reason. You cannot articulate why you pulled me over. And you guys want to search my car for what reason? What reason? You guys think I'm stupid, huh? I have the Fourth Amendment right. My Constitution's in my glove box. I have the First Amendment right, the Fourth, search and seizures. You cannot unless you have a warrant. But, you guys are going to But, you guys are going to bypass it by getting a K9 and then having the K9 false alert. You think I'm [ __ ] dumb? I'm not dumb. I'm not dumb, okay? K9 does not false alert, but If that K9 false alerts and you guys find nothing, that K9 should be taken out of service, okay? I'm just going to put my chair back. I'm going to just going to relax. Yeah, don't do anything. No, I'm just going to relax. I got nothing to be worried about, man. Eventually, a K9 unit arrives on scene. How's it going, sir? What's your name? Very good. Agent Canales. Yes, sir. My name is Luke. Okay. Um All right, so here's what's going on today. This individual pulled you over. Yes, correct. So, what I'm here for is I'm a K9 handler. I have a dog. Okay. My dog is trained to sniff, smell, cocaine, heroin, marijuana, methamphetamine, Mhm. and ecstasy, Yes, sir. uh concealed individuals. Yes, sir. Okay. My only question at this point is what does a concealed individual smell like? Do you have any of that in your vehicle today? No, sir, I do not. that whatsoever? No. No, sir. Okay. Well, do I have permission to run my dog on your vehicle? Uh I I can't say no to that yet. I mean Yes, you can. Do you Do I give Do you give me permission to run my dog on your vehicle? No, I don't, but either way you're going to do it, so that's Yeah, either way I am. That's why I'm asking you for permission. Yes, but no, I don't give you permission. around your vehicle. Go for it. Okay. Do you want to exit your vehicle? No, I want to stay in my vehicle cuz this is like my home. This is This is my vehicle. I don't do not want to get out. Okay. Well, I'm just going to tell you right now, if my dog alerts to your vehicle, you will be stepping out of your vehicle because at that point I have probable cause to search your entire vehicle. But you had no probable cause to pull me over in the first place. Yes, you do. Yes, you do. In the state of California, you do. to pull you over, sir. That is all we need. Can you articulate it? I don't need to articulate it to you. to to articulate it. I'm not the one who pulled you over. Then get the guy who pulled me over and have him articulate why he pulled me over cuz this is unconstitutional. It's not unconstitutional. You think I'm just a dumb kid, don't you? You think I'm just a fool. of fact, I No, my constitution's right in my glove box right there. You want to read the Fourth Amendment? No, I don't. the constitution does it say that we have to give you the reason we pulled you over? I never seen that Yes, sir. Go ahead. I never seen that in the constitution where it says that the where we have to right now at this point in time tell you why you pulled you over. We'll explain everything to you once we're done running the canine sniff. Look at this. We got 1 2 3 six cars, you know, and I got a canine. This is just This is just crazy. We got the canine right there. And you back these guys up? How can you feel good about yourself, huh? What did you do? Dude, that was [ __ ] bull. You pointed to it. Your dog did not alert. Sat before I You [ __ ] liar, dude. You're [ __ ] scumbag. Can I step out of the vehicle? Yes, sir. Yes, sir. I'll step out. The canine clearly alerted to Luke being in the vehicle and somehow they can legally pass that off as a hit for a concealed person. At this point, Luke alleges that his phone was grabbed from his possession and the agent searched his vehicle finding nothing. While in cuffs, he was allegedly threatened with arrest for his CBD cigarettes, which are legal in the state of California. They then allegedly offered to let him go if he unlocked his phone and allowed them to view the pictures he had been taking of the railroad tracks and abandoned buildings. He refused the offer and instead of arresting him, they ripped up his cigarettes and let him go. I say allegedly because Luke submitted a FOIA request for the dash cam and other footage on July 15th. The website claims that it would be ready by August 13th and that time has come and passed. Luke hasn't received any information or cooperation pertaining to why he was pulled over in the first place or for the release of the footage. If the CBP ever decides to do the right thing and release the records requested, I will be sure to update you all. Luke does not have a lawyer yet, but if you would like to help him with this case, please email me and I will get you in contact with him. You [ __ ] liar, dude. You're [ __ ] scumbag. Thanks for watching. If you have a video you'd like me to review, email it or send it in via Facebook Messenger. You can also view this and other content on my website. If you're new here, subscribe for future content. If you've been around for a while, remember to like, share, and comment down below of what you think of this interaction. Shirts and other goodies are available at the Teespring store linked below. Channel memberships start at just a buck if you'd like to further support the channel and get a slick lac logo next to your name. I'll see you in the next video. All links are down below.