Help Defend Our Liberty





Rynearson has funded this lawsuit, and another similar ongoing civil suit, entirely himself.  He is now appealing this civil suit to the Fifth Circuit Court of Appeals.  Even when this suit is eventually victorious, there is a real chance attorney fees will not be paid for by the government.  Those interested in helping defray the costs of this suit can donate here.  Any money not used for this litigation will be donated evenly between The Peaceful Streets Project, Photography is Not a Crime (PINAC), CopBlock, and the American Civil Liberties Union (ACLU).  Thank you for any help you can provide!










Click Here to Read Fifth Circuit Ruling

Click Here to Listen to the Fifth Circuit Court of Appeals Oral Argument

Click Here to Read the Fifth Circuit Court of Appeals Brief with Replies
 

Click Here to Read the Texas Civil Rights Project amicus brief in support
 

Click Here To Read the District Court Documents

 
 

Sadly, the Fifth Circuit three-judge panel ruled against Rick Rynearson's appeal, declining to ask or determine whether or not agents violated the Constitution. Judge Jennifer Elrod issued a powerful dissent.  Rynearson is considering his options for further review.

Two-Judge Fifth Circuit Majority and Dissent by VAPA-AgainstCopAbuse

 

 

"The principal protection of Fourth Amendment rights at checkpoints lies in appropriate limitations on the scope of the stop. See Terry v. Ohio, 392 U.S.; United States v. Brignoni-Ponce, 422 U.S... And our holding today is limited to the type of stops described in this opinion. "[A]ny further detention . . . must be based on consent or probable cause." United States v. Brignoni-Ponce."

- Martinez-Fuerte, Supreme Court of the United States, 1976


"We have already noted that the permissible duration of the stop is limited to the time reasonably necessary to complete a brief investigation of the matter within the scope of the stop.  The scope of an immigration stop is limited to...determining the citizenship status of persons passing through the checkpoint."

 

- Machuca-Barerra, Fifth Circuit Court of Appeals, 2001

 



"In United States v. Machuca-Barerra, we addressed those limitations in detail and noted that 'The scope of an immigration stop is limited to...determining the citizenship status of persons passing through the checkpoint...'  It bears repeating that the permissible duration of an immigration stop is the time reasonably necessary to determine the citizenship status of the persons stopped."

- Portillo-Aquirre, Fifth Circuit Court of Appeals, 2002

 



"We have not discovered nor been shown any authority supporting Rynearson’s claim that the constitutional rights he chose to stand on [the right to be detained only as long as is reasonably necessary to briefly investigate citizenship status] were clearly established."

 

- Richard Rynearson, Fifth Circuit Court of Appeals, 2015