Man removes feds’ spy cam, they demand it back, he refuses and sues

Chris0nllyn

Well-Known Member
Last November, a 74-year-old rancher and attorney was walking around his ranch just south of Encinal, Texas, when he happened upon a small portable camera strapped approximately eight feet high onto a mesquite tree near his son's home. The camera was encased in green plastic and had a transmitting antenna.

Not knowing what it was or how it got there, Ricardo Palacios removed it.

Soon after, Palacios received phone calls from Customs and Border Protection officials and the Texas Rangers. Each agency claimed the camera as its own and demanded that it be returned. Palacios refused, and they threatened him with arrest.

Palacios' ranch is situated at the 35-mile marker due north from Laredo, along Interstate 35, just three miles south of the small town of Encinal. The nearest US-Mexico border crossing is at Laredo.

The precise distance between the border and Palacios' ranch matters: under federal law, agents can go onto private property that is within 25 miles of the border "for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States."

This is related to, but distinct from, the 100-mile radius that the CBP claims it can operate in and warrantlessly stop people and search bags, cars, electronic devices, and more. This is commonly referred to as the "border exception" to the Fourth Amendment, which protects against warrantless searches and seizures.

"Apparently, this lawsuit has rang their bell," Casso said. "On the one hand, it's good they're protecting us, but on the other hand, they're violating the Constitution. We have reason to believe that there are 4,000 cameras deployed throughout the region. Could there be more? Possibly."
https://arstechnica.com/tech-policy...-american-spy-cam-tied-to-his-tree-sues-feds/


This is the group of people that want to be included in the intel community so they can have access to the treasure trove of warrantless-search material captured by the NSA. The Constitution is becoming less and less meaningful because we let it.
 

This_person

Well-Known Member
https://arstechnica.com/tech-policy...-american-spy-cam-tied-to-his-tree-sues-feds/


This is the group of people that want to be included in the intel community so they can have access to the treasure trove of warrantless-search material captured by the NSA. The Constitution is becoming less and less meaningful because we let it.

35 mile marker, and 35 miles, are not usually the same thing unless the road is straight and flat. Most are not.

If they want it there, they should have received permission. However, threatening to sue and suing are two very different things.

The law should change. If we want a 25 miles demilitarized zone, we should pay for it and confiscate the land. Otherwise, personal property is personal property.
 
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