This litigation is complete. The Supreme Court of the United States refused to hear the appeal and failed to make good on its assurance to the American people that the Fourth-Amendment-Exception it created would be limited, brief, and minimally intrusive with the principal protection of our rights being the scope of the stop.
For Rynearson's response on the third branch of government's purposeful failure to do its job, please read his blog post on the subject.
Thank you to all great Americans who supported this never ending fight against the fascism that has replaced our once great nation.
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."
- Rynearson, Fifth Circuit Court of Appeals, 2015
"Did we say the principal protection of the Fourth Amendment, during the exception to your rights that we created, would be the limited scope of the stop? LOL! We lied. Moose out front should have told ya."
- Rynearson, Supreme Court of the United States, 2016