Driver Invokes The Fifth Amendment At Border Patrol Checkpoint

Added: 2026-05-19

[00:00:00]Do you have reason to suspect I am not a US citizen?

[00:00:04]>> know who you are. I don't know who you >> know either. I don't know any of you either. If you suspect a person is an illegal alien, do you suspect I'm an illegal alien? I don't know who you are.

[00:00:13]I'm going to ask you again, are you going to give us your citizenship? If not, we're going to take you inside and roll you. A man pulls up to a Border Patrol checkpoint where officers immediately ask whether he is a US citizen. Instead of answering, he states that he is exercising his Fifth Amendment right to remain silent and turns the question back on them. Do you have any reason to suspect that I've committed a crime? As the situation grows more tense, he remains calm and explains that he is a Native American and does not recognize the authority they claim to have over him. More agents soon arrive on the scene and what began as a simple refusal quickly escalates into a tense confrontation. Watch the video and tell us, who do you think was in the right and who crossed the line?

[00:00:51]What's your name and badge number?

[00:00:55]Name and badge number.

[00:00:57]I don't know if you're a citizen or not.

[00:00:58]Name and badge number.

[00:01:00]You got to see my name, of course.

[00:01:02]Recite your name and badge number.

[00:01:07]I'm going to I'm going to tell you to sit down and I'm not going to answer.

[00:01:10]Recite your name and badge number.

[00:01:13]You got to get a supervisor to talk to me or I'm not talking.

[00:01:18]Recite your name and badge number. Until I understand that I should talk to you or not. Okay. Name and badge number. Y A M O N A M O N Here they come.

[00:01:52]You move up over here.

[00:01:54]All right.

[00:01:55]Are you going to answer your citizenship?

[00:01:56]>> Name and name and My name is Samuel Peters. I'm a supervisor here at the Papago station.

[00:02:01]Okay, you don't have a badge number? I'm Foxtrot 67. Okay. What about you?

[00:02:07]This isn't This isn't an immigration checkpoint.

[00:02:10]>> I understand that, but I have a Fifth Amendment right to remain silent, correct? Yeah.

[00:02:17]Where is your body camera? Do you suspect that I'm not a citizen? Sir, I don't know if you're if you're a US citizen or not. I don't know.

[00:02:22]>> I speak better English than everybody here.

[00:02:24]>> It doesn't matter if you speak English or not.

[00:02:28]Who are we dealing with? Very good legal authority. Can you get him to obey him, okay?

[00:02:33]The US immigration checkpoint legally operates in accordance with the judicial rulings based on INA section 273 and 8 USC 1357a3.

[00:02:44]Border Patrol agents may question a suspected alien's questions regarding their citizenship or right to be in the United States.

[00:02:50]Border Patrol agents may forward a search for aliens in any vehicle.

[00:02:54]Border Patrol agents may say that they can consider evidence. Supreme Court ruling Virginia versus 428 US 530 543 The Supreme Court held that immigration checkpoints are constitutional. Yes, it says you may ask. It doesn't say I have to answer. You do have to answer.

[00:03:13]Sir, look.

[00:03:14]Pull over to the side there. We'll We'll We'll We'll deal with this over there if you please.

[00:03:18]You're impeding my travel.

[00:03:19]>> Okay, that's fine. We're already taking pictures. Probably not.

[00:03:25]What's your name?

[00:03:26]>> Name and badge number.

[00:03:28]Reyes.

[00:03:30]Guerbelli.

[00:03:32]Garcia. Badge number 374. You. Rodriguez 42.

[00:03:38]743.

[00:03:43]I already told you. I already read you the laws down there, okay?

[00:03:46]Are you going to come out or not?

[00:03:48]Because if you don't come out Are you going to Oh, oh, Are you US citizen? Are you going to answer our questions?

[00:03:55]Do you have reason to suspect I am not a US citizen?

[00:03:58]>> I don't know who you are. I don't know who >> know I don't know any of you either, but you This is an immigration checkpoint.

[00:04:04]>> You directly read off there if you have suspect suspicion whether I'm a illegal alien or not.

[00:04:11]Well, are you That's what you read, correct? Yeah, well, are you Are you an alien or are you Wait a minute.

[00:04:17]You asked right you read right from that. Yes, I did.

[00:04:20]>> You said you have the right to inspect if you suspect a person is an illegal alien. Do you suspect I'm an illegal alien? I don't know who you are.

[00:04:30]Do you suspect because that's what you just read off?

[00:04:33]>> I suspect you're an illegal alien. I don't know who you are. Why do you suspect I'm an illegal alien? I speak better English than everybody here.

[00:04:39]Look.

[00:04:41]18 USC 111 is impeding a federal agent or officer. I'm going to ask you again, are you going to give us your citizenship? If not, we're going to take you inside and roll you.

[00:04:49]I'm a Native American. You're a Native American?

[00:04:52]>> a Native American.

[00:04:53]>> have any identification or anything? I'm not going to give you ID, but I'm a Native American. You're a Native American?

[00:04:58]>> I'm a Native American.

[00:04:59]>> Do you have a driver's license?

[00:05:00]>> I do. Can I see it?

[00:05:02]Why do you need to see it? You did I just told you I'm a Native American.

[00:05:05]Well, where were you born? I'm a Native American. Where What kind What tribe?

[00:05:09]Like There's identification cards for that.

[00:05:14]I ain't got time for this. I was born in the United States. Is that better?

[00:05:17]That's That's fine.

[00:05:18]>> That's a Native American. There's no other Native Americans. Have a good day, sir. Thank you.

[00:05:22]All this because someone won't answer a question, huh?

[00:05:26]Have a good day, sir. Thank you.

[00:05:28]Go [ __ ] yourselves. This incident demonstrates that knowing your rights and remaining calm can protect you from unnecessary government overreach. The Fifth Amendment guarantees every individual the right to remain silent, and a citizen cannot be stopped or arrested simply for refusing to answer a question. The agents were unable to provide any clear or lawful justification, repeatedly falling back on the claim, "We don't know who you are," which does not meet the legal standard. Rather than de-escalating the situation, they summoned additional agents and applied increasing pressure.

[00:05:59]Despite this, the man remained composed, identified himself as a Native American, and ultimately compelled the agents to release him as they had no lawful grounds to detain him.