Post details: Appeals Court Audio Recording of Roadblock Hearing Now Available

2008-11-27

Permalink 23:40:33, Categories: Privacy, Right to Travel, Roadblock Lawsuit, Checkpoints, 314 words   English (EU)

Appeals Court Audio Recording of Roadblock Hearing Now Available

As previously announced, a three judge panel in the United States Court of Appeals for the 9th Circuit heard oral argument in my five year running civil rights lawsuit on the morning of November 20, 2008. The lawsuit, filed in December of 2003, stemmed from an illegal joint task force roadblock I ran afoul of on December 20, 2002. A full account of this incident spanning the past six years is available here.

[More:]

The court case, no. 07-15931, is an appeal from the United States District Court for the District of Arizona, case no. CV-04-264-JMR. The three judges who conducted the hearing consisted of:

  • Senior Circuit Judge William Canby
  • Circuit Judge Kim Wardlaw
  • Visiting Illinois Senior District Court Judge Richard Mills

Representing myself at the hearing were attorney's David Euchner and Jim Harrison. Representing the appellees was Roger Frazier for the four named police officers. Additionally, a Mr. Ferraro from the U.S. Attorney's office (on behalf of assistant U.S. Attorney Gerald Frank) represented the United States regarding the lawsuit's malicious prosecution claim.

Each side was granted 15 minutes to present their case to the panel and answer any questions from the judges of which there were many. It's unknown when the panel will issue its ruling but it will most likely be sometime in the next month or so.

To my pleasant surprise, the United States Court of Appeals creates an audio record of each hearing and posts it online a day or two after it takes place. As such, I've downloaded the audio file for this hearing from the 9th Circuit's website and make it available here.

For those who have trouble with the wma audio file format, I've also converted it to mp3 and make it available for here. When the panel makes its final ruling, an update will be posted to this blog.

Many thanks to all those who made this hearing possible.

Comments:

Comment from: Kneverr [Visitor]
This case's outcome will affect us all, may it fall on our Constitutional ability to move freely within America... Read & research history people, the Nazi "Papers Please" mirrors what is happening now.

I can only hope that the Justices value our Constitution and realize what will be unleashed upon Americans if they allow this travesty of police power to continue unchallenged.

Good Luck Mr. BRESSI
Permalink 2008-11-28 @ 08:52
Comment from: APATRIOT [Visitor]
I SENT THIS TO DHS AND I AM CONSULTING LAWYERS ETC.. On 11/27/08 at 6:53 pm Myself my wife and our son were stopped at a checkpoint while in our car[az plates!] on highway 80 just north of tombstone ARIZONA which is still a part of the UNITED STATES, at this check point a border agent asked us if we were US citizens, I in turn asked if we were being detained and he ordered us to park off to the side. he apparently was untrained in how to respond to such a complex question , at this point I should mention that we had been recording this encounter with a video camera due to the fact that this checkpoint within what we believe to be the US and a checkpoint stopping free travel appeared to be a violation of the CONSTITUTION and only the most corrupt of government workers would violate that...So we pulled off to the side as ORDERED without a warrant or probable cause, and a different agent came to my side [passenger] of the car he then repeated the same question [although he did not ask my name as in any legitimate investigation] which I then answered -yes he also directed this question toward my four year old son in the backseat however did not receive an answer since he is autistic and is incapable of speech, I then asked the agent his name three times however he refused to answer me[also on the tape]and walked away. we were then allowed to leave. the actions of these agents are illegal and unacceptable. this is the UNITED STATES OF AMERICA not communist Russia, an agent that is afraid to identify himself is showing his guilt, these agents had no visible federal ID they could have been anyone, they were miles from the border and are violating US law, that's why my recording and those of other citizens who's rights were violated are now being sent to the ACLU and others. I also may pursue this in court. other people will be going to that same checkpoint and documenting these violations, and that particular checkpoint is now public knowledge. which means its now mostly useless , maybe it should be moved to the border where it belongs.
Permalink 2008-11-29 @ 09:38
Comment from: Anti-czechpoint [Visitor]
I live near the checkpoint east of Jamul, Ca. and that is one of the worst one's I've been to. It's amazing how they are allowed to burn the constitution in so many way's and nobody even turns an eye. I remember my first experience with that checkpoint, it was a time-consuming, humiliating and aggravating circumstance.

They asked us to pull over, questioned me as to why I pulled over 4 miles east of there (which is close to the Tecate border) and I answered truthfully, that I had to urinate. They asked to search the vehicle and I declined yet they persisted, and threaten the 'drug-sniffing dog' routine on me. I just laughed and said "I have nothing to hide, but your wasting my time, hurry up with the damned dog."

Of course, the dog barked, sat down, jumped, flipped the hell out from the time it came from the back of their squad car all the way to mine. I just squinted and they said "The dog detects the odor of drugs we are going to search the vehicle."

At that point I was a little more irate because we were late for dinner and I'm diabetic. I asked ot get a power bar out of my glove compartment citing my diabetis and the dick replied "Oh so that's where your hiding your stash?"

I just looked at him and told him to hurry up and search my vehicle.
That took an hour, because we were moving and didn't unpack the car completely yet, so they went through every bit of clothing and house stuff we had.

I wrote a large complaint to the DHS and a few other agencies, never heard even a simple "Sorry for the inconvenience" from anybody.

We pray that all the BP cocksuckers and goons get what they deserve. Go 9th circuit!
Permalink 2008-12-05 @ 11:07
Comment from: Roy [Visitor]
After having read many of the USC cases and your Opening Brief.pdf, I have a difficult time discerning the difference between a checkpoint that is for "general crime control" and "public safety purposes".

My sister went thru a NC checkpoint this weekend and questioned me about it (knowing I feel these are Nazi-ism enforcement). She was stopped at a checkpoint, when questioned about why she was stopped, the officer replied seatbelt enforcement, then requested her license, they checked her license plate tags, and sent her on her way. She said she felt her rights were violated. IMHO, the point her rights were violated is when the officer requested her license without suspecting that any criminal offense or activity was present.

Can you email me your perception as to the difference of "general crime control" and "public safety purposes" is. Thank you.
Permalink 2008-12-15 @ 07:02
Comment from: Guy Mac [Visitor]
The arguments were odd. They seem to be saying that tribal police can demand a license w/out informing of what you're suspected of, but then arrest you under AZ law [which would require they tell you] for not providing the license. You probably can't talk about it, so it will be interesting to see what comes down.
Permalink 2008-12-30 @ 00:48
Comment from: anti_fascist_freedom_fighter [Visitor]
Just watch the video of the stop - it's a total bullshit shell game, the STATE has ZERO probable cause, so they use the Indian police as a FRONT to let them be their patsies to violate state law, and then the Indians demand you answer their questions, and search for drugs, for weapons, immigration, warrants, traffic tickets, etc. etc., and if it just so happens you're drunk they might even arrest you for that too, if they aren't too busy doing all their other searches to notice it. This whole DHS is a big fascist play to get everybody comfortable with a police state - do it long enough and even the JUDGES start warming up to it...
Permalink 2008-12-30 @ 04:58
Comment from: Oravla66 [Visitor]
TERRY!
BRAVO! There are no words to describe what I feel right now. I admire you!
Permalink 2009-02-13 @ 17:45
Comment from: John [Visitor]
I think you should expand and interview child molesters, rapists, and all around criminals and tell them that their actions are against the constitution. Those people take the freedom away from the innocent and I know freedom and liberty is the main topic in here.
Permalink 2009-02-26 @ 09:49
Comment from: John [Visitor]
I am sure some Agents may not like checkpoints either but they have to be there as part of their job as they are told by the Goverment. Putting Agents names and pictures on the web puts them and their family and children in danger. Liberty for some I guess. I would love to see more work on the checkpoints Mexico, I believe Liberty applys to all humans everywhere. Peace Out
Permalink 2009-03-10 @ 16:27
Comment from: Kirsten [Visitor] · http://crackerscentral.com/wordpress/
Agents who do not wish to conduct checkpoints do not have to be there. They are free to seek other employment.

Agents who do not wish their names and pictures to be posted on the web should not have sought nor should they keep a publicly-funded job where they are accountable to the people that employ them- the taxpayers.
Permalink 2009-03-17 @ 19:26
Comment from: Joe [Visitor]
It is our duty as citizens to "call out" any government official that does not uphold their oath and violates the rights of the people. Posting names and pictures on the Internet is the minimum we should be doing to call out the people responsible for violating our basic rights. These jack booted thugs should be scared because if they keep their actions up, they know what's coming....
Permalink 2009-04-29 @ 18:20
Comment from: Someguy [Visitor]
I have a question, How hard is it for Proud Americans to say that you are...... I say everytime and with pride and honor for what I am. An American Citizen, even more so an American Indian Citizen. But I guess that is hard for you, to say. Hmmmm I wonder why
Permalink 2009-05-18 @ 02:34
Comment from: Pafoofnik1 [Visitor]
"How hard is it for Proud Americans to say that you are......"

It's not hard at all for me, unless I am being forced to say it under threat of arrest.

I also find it very hard for me to say: Where I am traveling from, where I am traveling to, who my employer is, who owns the car I am in, what county I live in, what I have been doing that day...

All of which I have been asked at internal DHS checkpoints.
Permalink 2009-05-18 @ 07:12
Comment from: David [Visitor]
I've been reading through all of your documents and educating myself on the law. Thank you for fighting for my rights and the rights of all other Americans. You are part of what keeps us free. You're a hero and a true patriot.
Permalink 2009-05-22 @ 09:13
Comment from: minorthreat [Visitor] · http://blog.minorthreat.org
Watching and listening. Keep it up.
Permalink 2009-07-17 @ 03:16
Comment from: john thomas financial [Visitor] · http://johnthomasglobaltr.com
There is definately a lot to learn about this subject.

I love all the points you have made.
Permalink 2012-09-30 @ 00:31

Comments are closed for this post.

Roadblock Revelations

Welcome to Checkpoint USA's blog. Here you'll find general information and discussions regarding growing threats to our right to privacy & travel.

While I refer to court cases along with state and federal law frequently in this blog, nothing written here should be construed as legal advice. I am not an attorney. Rather, I'm someone concerned about the growing disregard for individual rights present at all levels of government.

My conclusions are my own based upon personal experience and research. The law is made purposely complex however and varies significantly from place to place and circumstance to circumstance.

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