famed Texas defense attorney Dick DeGuerin – who just lost a bid to have former U.S. Rep. Tom DeLay acquitted of money laundering – told Rolling Stone that he believes Nelson should challenge the propriety of the stop: The Sierra Blanca stop is meant to check for illegal immigrants, not just as a random check of everyone: "It's supposed to be a checkpoint only for aliens, and [agents] overstep their authority all the time," he told the magazine. "I've had several cases from that checkpoint and they just use the opportunity to check out anybody they want to. If you have long hair, if you're driving a van or it looks like you're from California or you look like a hippie, they do profiling." And that, as we all know, isn't exactly legal.DeGuerin's got a great point. In City of Indianapolis v. Edmond, SCOTUS held that checkpoints near the border for immigration enforcement are allowable but not if their "primary purpose was to detect evidence of ordinary criminal wrongdoing." Nelson's bus was driving east from California, not north from Mexico. And it's pretty certain nobody confused the Red Headed Stranger or his entourage for Mexican immigrants. Perhaps DeGuerin's right the propriety of the search deserves to be challenged. Notes Smith: "The question, of course, is why did they search the bus in the first place – because Nelson had done something wrong? At this point that isn't entirely clear."
RELATED: The Texas Tribune has a telling story on the Hudspeth County Sheriff's Office, which employs 17 deputies in a county that reported just 24 total crimes in 2009.