Suspicionless stops for routinely conducted brief questioning at permanent checkpoints are consistent with the Fourth Amendment in an immigration context. Validity of these stops turns on the length of the detention rather that the questions asked; LE may ask for ID, immigration status, proof of ID and immigration status and consent to extend the duration of the stop. Consent must be voluntary; factors include 1) the voluntariness of the subject’s custodial status; 2) presence of coercive police procedures; 3) extent and level of detained person’s cooperation with LE; 4) detainee’s awareness of his right to refuse consent; 5) detainee’ education and intelligence and 6) detainee’s belief that no incriminating evidence will be found. The court held that the 1 minute detention was not unreasonable and that consent was voluntary, finding the majority of the factors to weigh in the government’s favor.
