A man who refused to have his vehicle searched at an Arizona highway checkpoint was tazed and beaten by police.
It is incredibly tragic when citizens who are attempting to defend their Constitutional rights are treated as criminals and abused by the very individuals how have pledged to "serve and protect" our society. I love that he goes so far as to name the names of the people who tormented him. The majority of law enforcement officers are good people, but there are a handful of thugs like these individuals who ruin their image. These people need to be fired, and I certainly hope the man sues the government for this unconstitutional action. I'm sure this won't make the mainstream news, which is a shame because this type of thing needs to get out to more people. Anyone who says the man is an idiot and should have just let them search the car doesn't appreciate how important our freedoms are in this country.
The scary part is I drove through one of these checkpoints just last week in New Mexico while on vacation. Orange cones lined the highway diverting everyone into the checkpoint. I pulled up and an officer asked me if they could search the trunk. When I told the officer that I could only open the trunk with the key from the ignition, he had me pull off to the side. I was got out, opened the trunk, and then stood off to the side with one officer watching me while two other officers and a dog rummaged through the trunk (my friends Daniel and Perry were sitting in the car the entire time). At the time, part of me really wanted to protest that they could not search my vehicle without probably cause, but I held back because I didn't to drag my friends into a mess like that, and we were trying to get to White Sands National Monument before dark. I'm glad there are people like this man out there who have more courage than I do to stand up to these violations of our civil rights.
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3 comments:
I am pretty positive that border patrol does not need "probable cause" to search a car at the border.
Justification: warrantless searches are allowed on bare suspicion. The U.S. Supreme Court said in U.S. v. Ramsey (1977) that "border searches…have been considered to be ‘reasonable’ by the single fact that the person or item in question had entered into our country from the outside."
"The Department of Homeland Security (DHS), claiming that national security is at stake, has asserted that it has the authority to set up checkpoints to stop and detain individuals anywhere within 100 miles of the land and coastal borders without first establishing reasonable suspicion."
See, it's not actually on the border. I was stopped on a highway in the middle of New Mexico. Since this guy was traveling from San Diego into Arizona, I don't think he was crossing an international border either.
I agree that people entering the United States from a foreign country can be searched. As for the Department of Homeland Security's ruling, I believe that is just flat out unconstitutional. Nearly two-thirds of the entire US population lives within 100 miles of an international border or coastline, which means the DoHS has the power to search and detain the majority of US citizens without probable cause. That is illegal.
The 4th Amendment:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
i just want to say that i appreciate you both being so informed. i wish more people could have such intelligent discussions.
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