Roadblock Revelations:
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- Susan Paul
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1 Roadblock Revelations: Exposing the police state one checkpoint at a time Websites:
2 Day (and night) Job: Engineer/observer for astronomical research group University of Arizona's Lunar & Planetary Lab 21 years of commuting to Kitt Peak National Observatory Primary route from Tucson: SR-86 East-West highway, 40+ miles North of border Passes through Three Points, AZ & Tohono O'odham Nation
3 SR86 in Southern Arizona Commuting to work in Southern AZ: DEA Surveillance Camera Array: CBP Roadblock at MP ~146.5 DEA camera array at ~MP CBP Roadblock:
4 DEA Camera Surveillance Array: SR86 MP 145.8
5 CBP Roadblock: SR86 MP 146.5
6 SR-86 CBP Roadblock Background Established January 2008 Stopped & seized ~ times Exercise rights every time Refuse to answer investigatory questions Refuse consent for extended detentions Refuse consent for searches Video record every encounter Create record of encounter Protect myself legally Educate others Seek accountability
7 CBP Roadblock Video (next slide) November 2008 th 50 time through roadblock Agent's knew my immigration status BP Union campaign to: Get me fired Shutdown website Charge me with violating ARS Escalated encounter & extended detention anyway
8
9 First Roadblock Encounter December 20, TOPD 'sobriety' roadblock U.S.B.P. & U.S. Customs agents present K9 units, trunk searches, joint task force ops Everyone ID'd, wants and warrants checks How to Survive a Traffic Stop - Criminal defense attorney Marc Victor: Your main goal should be to survive the traffic stop with your life and liberty intact. A traffic stop is a terrible time to be testing out new legal theories or arguing about constitutional law What I did: Argued constitutional law with reference to City of Indianapolis V Edmond (2000)
10 What Happened? Dragged out of vehicle, arrested, handcuffed Ringside seat to checkpoint ops for ~3 hours Charged with: ARS B - Failure to exhibit drivers' license ARS A - Failure to obey traffic control officer
11 The Charges December 2002: Hired criminal defense attorney Marc Victor January 2003: Charges dismissed without prejudice June 2003: Filed Notice of Claim June 2003: Charges refiled a few days later December 2003: TOPD refused to provide subpoenaed docs December 2003: Charges dismissed with prejudice
12 The Lawsuit Attorney of Record: David Euchner Lawsuit joined by: The First Amendment Project (2006) Ralph Ellinwood (2010) Dec 2003 May 2012: long, tortured procedural history AZ Superior Court, U.S. District Court, 9th Circuit Settled in May 2012
13 So What's Wrong With Roadblocks Anyway? Seize, detain, interrogate & search absent suspicion Presume guilt & demand proof of innocence Control & intimidate as opposed to serve & protect Highway equivalent of Stop & Frisk programs Oftentimes operate outside legal limits Ineffective at stated goals Security Theater
14 Immigration Roadblocks Legal Background Immigration & Nationality Act (INA) of 1952: 8 USC 1357 Powers of immigration officers & employees: (a) Powers without warrant (1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States... (3) within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle...
15 What constitutes a reasonable distance? Promulgated in rule & regulations not statute 100 air miles from any external boundary Engulfs 2/3 of the U.S. population 11 states are almost entirely within the zone
16 INA Enforcement Prior to SCOTUS Intervention Roving patrol stops questioning Absent reasonable suspicion Roving patrol stops & searches absent consent, reasonable suspicion or probable cause Roadblock stops & questioning absent reasonable suspicion & extended detentions Roadblock stops & searches absent consent, reasonable suspicion or probable cause
17 SCOTUS INA Cases Almeida-Sanchez v U.S. (1973) U.S. v Brignoni-Ponce (1975) U.S. v Ortiz (1975) U.S. V Martinez-Fuerte (1976)
18 U.S. V Martinez-Fuerte Brief stops: Permanent Immigration Roadblocks Along nexus points for border traffic Within reasonable distance of border To allow for: Brief visual inspections of vehicle exteriors Brief immigration queries
19 U.S. V Martinez-Fuerte Roadblock Limits: Stops must be brief Minimally intrusive Limited in scope Extended detentions require consent or pc Searches require consent or pc
20 U.S. V Martinez-Fuerte: "It is agreed that checkpoint stops are 'seizures' within the meaning of the 4th Amendment." "(secondary) Referrals are made for the sole purpose of conducting a routine & limited inquiry into residence status that cannot feasibly be made of every motorist where the traffic is heavy."
21 U.S. V Martinez-Fuerte: "The principal protection of Fourth [428 U.S. 543, 567] Amendment rights at checkpoints lies in appropriate limitations on the scope of the stop. See Terry v. Ohio, 392 U.S., at 24-27; United States v. Brignoni-Ponce, 422 U.S., at We have held that checkpoint searches are constitutional only if justified by consent or probable cause to search. United States v. Ortiz, 422 U.S. 891 (1975). 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, supra, at 882. None of the defendants in these cases argues that the stopping officers exceeded these limitations.
22 Common CBP Roadblock Abuses Law enforcement/drug interdiction investigations Extended detentions/searches absent consent or pc Ignorance of law and agency rules/regulations Misapplication of 8 USC 1357 (INA) Misapplication of 18 USC 111 USCBP Law Bulletins FOIA - Freedom of Information Act violations General intimidation & harassment Operation Stonegarden
23 18 USC 111 Misapplication According to USCBP: Exercise of right to remain silent == forcibly interfering with immigration inspection under 18 USC 111 (a) In general. - Whoever (1) forcibly assaults, resists, opposes, impedes, intimidates or interferes...shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year... U.S. Attorney's Criminal Resource Manual: Force is an essential element of the crime. Long v. United States, 199 F.2d 717 (4th Cir. 1952). Whether the element of force, as required by the statute, is present in a particular case is a question of fact to be determined from all of the circumstances
24 Truck Driver Roadblock Encounter Video November 2014 Falfurias CBP Roadblock incident Truck driver exercises rights Supervisor (falsely) claims trucker isn't being seized Supervisor (falsely) claims he can detain indefinitely Supervisor breaks trucker's window Trucker forced out of truck & arrested
25 Truck Driver Roadblock Encounter
26 2012 CBP Law Bulletin A subject's 'bad attitude' or refusal to answer questions, without more, does not constitute 'reasonable suspicion' and does not justify 'detention'
27 ACLU Involvement Dedicated border litigators hired in 2013: James Lyall in Tucson Mitra Ebadolahi in San Diego Roving patrol complaint in Tucson Sector Roadblock complaint in Tucson sector FOIA lawsuit for roadblock docs in Tucson sector St 1 Amendment complaint in Tucson sector Video interview w/san Diego legal director
28 2013 Interview with ACLU Legal Director David Loy (San Diego)
29 Tucson Sector I-19 Search Attempt (video) Driver cooperates with immigration queries Agent requests to search trunk Driver politely declines Agent diverts driver to secondary for not consenting to search
30 Tucson Sector I-19 Search Attempt
31 Steven Anderson Tazing Video May 2009 Yuma, AZ Roadblock incident Agent claims dog alerted Anderson claims no dog alert Anderson refused to move to secondary Border Patrol called AZ DPS AZ DPS busted out windows & tazed him Border Patrol slammed head into broken glass & dragged him out of vehicle No contraband found in vehicle
32 Steven Anderson Tazing
33 Bus Passenger Removal Video Falfurias, TX checkpoint bus stop November 2014 Agents board bus & demand ID One passenger refuses ID demand Supervisor threatens to sue over videotaping Bus driver kick passenger off bus Passenger detained at checkpoint absent pc
34 Bus Passenger Removal Video
35 Operation Stonegarden Checkpoint Encounter (video) SR-86 CBP Roadblock 30 April 2014 PCSD Operation Stonegarden deployment Sheriff deputy Avila on-scene Deputy Avila paid overtime by DHS to deploy at roadblock for 8 hour shift Avila assists CBP with detention Avila conducts traffic stop after roadblock stop Avila cites me for an ARS B violation
36 Operation Stonegarden Checkpoint Encounter
37 Is This The Future We Want? The loss of essential liberty for faux security? Find out more at:
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