Post details: Homeland Security Obedience Training

2008-12-18

Permalink 21:57:34, Categories: Privacy, Right to Travel, Homeland Security?, Checkpoints, 771 words   English (EU)

Homeland Security Obedience Training

As many of you know, I've been documenting my experiences at an internal suspicionless Homeland Security checkpoint along State Route 86 in Southern Arizona since January of 2008. While I've been stopped and seized well over fifty times since the beginning of the year, I've only posted a small fraction of the video footage. Choosing instead to highlight those seizures that have been the most egregious.

Two such videos appear below. Even though the seizures took place over six months apart, they are representative of what these Homeland Security checkpoints are really all about.

[More:]

With over 3,000 agents in the Tucson sector and only 265 miles of border to patrol, there's no good reason why the Border Patrol couldn't secure the border at the border if the agency chose to live up to its namesake. Instead, it directs a large percentage of its personnel and resources away from the border to harass and intimidate the traveling public at internal suspicionless checkpoints. Indeed, the agency claims - and routinely exercises - the illegitimate power to stop, seize, question and search anyone within 100 miles of an external border with only mere suspicion or none at all.

By doing so, the agency turns a 265 mile patrol line into a 26,500 square mile patrol area. Put slightly differently, the Border Patrol is going out of its way to make sure its agents wont be present where the 'violation' is being committed - on the border. Thus assuring an ever-increasing budget along with job security for its agents in the decades to come.

In addition to this basic logistical analysis, the agency publicly admits it uses suspicionless internal checkpoints to look for felons, terrorists, weapons, illegal narcotics and illegal aliens. This despite the fact the Supreme Court specifically limited such internal checkpoint activity to brief immigration queries in U.S. v. Martinez-Fuerte and outright banned drug or general law enforcement checkpoints in City of Indianapolis v. Edmond.

Given that the agents depicted below admit they knew who I was but chose to detain me anyway absent consent or probable cause, it's clear the scope of these internal Homeland Security checkpoints far exceed the reach authorized by the Supreme Court. Indeed, their actions and distorted justifications show they're far more concerned with securing obedience from a cowed populace than securing the border they're paid to patrol.

Below you will find the two videos discussed above along with a brief description of each encounter:

DHS Checkpoint Blog Entry 14: Obedience Training:

On November 26th, I was stopped & seized for about the 50th time since the beginning of 2008. The seizure took place at an internal suspicionless Homeland Security checkpoint along Southern Arizona's SR86 near mile post 146. SR86 is an East-West public highway located 40 miles North of the border and never intersects the border at any point.

During the stop, Agent Gilmore admitted he knew who I was & all three agents told me I wasn't being detained. Nonetheless, these facts didn't stop the agents from refusing to allow me to leave making it clear they either didn't understand what a detention is or were lying. They chose instead to escalate the encounter by directing me to secondary inspection for more intensive scrutiny absent consent or probable cause.

While continuing to deny that I was being detained but refusing to allow me to leave, the agents threatened me with arrest for impeding operations. After close to eight minutes of not being detained, a Border Patrol supervisor arrived on-scene and wasted no time in waving me through.

DHS Checkpoint Blog Entry 9: 'Cruz' Control:

The internal suspicionless Homeland Security checkpoint seizure depicted in this video took place on April 22, 2008 - over 40 miles North of the border along Southern Arizona's SR86 near mile marker 146.

Both agents working primary had previously stopped me in the recent past. The videos of these previous stops appear below:


and


Unlike these previous stops where I was waved through relatively quickly, this time around Agent's Cruz & Villa played tag team & illegally detained me absent consent or probable cause for close to ten minutes. This despite the fact both agents knew who I was.

Instead of protecting the traveling public, these checkpoints serve primarily as exercises in obedience training through dominance games along a public highway. While such suspicionless enforcement tactics are commonplace in third world dictatorships, they have no place in a Constitutional Republic such as ours.

The Writ of Assistance should have disappeared generations ago after the overthrow of the British government and the instantiation of the 4th Amendment. Unfortunately, the spirit of the writ lives on within those who seek to dominate & control instead of serve & protect.

Comments:

Comment from: Casey Murray [Visitor] · http://www.myspace.com/johnathendough
Wow!!! Well done sir! It is invigorating to see a fellow American with a true understanding of our constitution and laws, who is not afraid to stand up for the constitution! Bravo sir! You have inspired me to be more bold in my defense of these subversive attempts to stifle our rights! Bravo sir!
Permalink 2008-12-19 @ 19:51
Comment from: Anonymous [Visitor]
I applaud you. People like you are the only thing standing between liberty and a full-blown police state. After seeing your videos, I like to imagine Orwell's 1984 with an alternate ending, with Winston Smith asking if he is being detained and if he is free to go from Room 101 in the Ministry of Love. After ten minutes of repeatedly asking if he is free to go, O'Brien tells him he can leave.

It is truly frightening to imagine where this country could be in 20 or 30 years if no one stands up to the police-state.

I hope you'll have some good news to post from the 9th circuit soon. Out of curiousity, have you considered taking legal action against these Homeland Security checkpoints? At the least, there wouldn't be the issue of sovereign immunity that seems to be the only reasonable justification (albeit a stretch) to rule against you in your lawsuit against TOPD.
Permalink 2008-12-19 @ 23:15
Comment from: bernie [Visitor]
You "self-detained" at those checkpoints. There's a octagonal stop sign present. As any 15 year old driver's training student will tell you, at such signs one is simply required to come to a full stop, observe that all traffic, including pedestrian, is clear, then PROCEED. If they wished to detain you, that would require a traffic signal stop light, or more likely a gate, as at an urban RR crossing.

You have simply played into their charade by failure to obey a traffic sign. You are supposed to stop, then quickly go. Why, remaining there, as the one agent warned, is rather likely to cause an accident!

Good thing there weren't any cops around. You'd have gotten a ticket for "obstructing traffic."
Permalink 2008-12-21 @ 04:12
Comment from: market bust [Visitor] · http://www.marketbust.com
I think you are a real hero and true patriot.

I thank you for your courage to stand up to the police state.
Permalink 2008-12-21 @ 09:04
Comment from: Bill Redpath [Visitor]
The fat angry glaring face in the first segment is from an agent quaintly known as "Happy" as in "Happy Gilmore" get it?
Permalink 2008-12-24 @ 22:17
Comment from: Chris [Visitor]
Inspirational is what this is. Far too often people just collapse and accept it because it muuust be right for them to do it or else someone amongst all of the sheep would surely stop them. *Sigh* If only be people weren't so deeply socialized.
Permalink 2008-12-26 @ 09:39
Comment from: Raye [Visitor]
"You were always free to go..."

Hah...that has got to be my favorite line out of all of these clips. I have to say that I love what you are doing here. Too many people take for granted that what comes out of the mouths of law enforcement officers is the law simply because they represent the government. I find it both sad and ironic that the very people who are set there to try and enforce public safety regulations are so ignorant of the very laws they are supposed to be upholding. You just have to wonder what they are briefed on when they're sitting in those little conference rooms and trained in doing their jobs. They seem to have plenty of letters and numbers to spout out, but little knowledge of what these laws actually say and mean. This should be a terrifying idea to any citizen of this free nation. And for Agent Villa to say that these laws were "open to interpretation," well, no one should have that kind of power.
Permalink 2008-12-26 @ 12:10
Comment from: Thom Britton [Visitor] · http://www.FlyingCatCircus.com
You are fighting for all of us. Thank you very much.
Permalink 2008-12-28 @ 20:33
Comment from: Ray Terrible [Visitor]
You have obviously sided with the terrorists.
Permalink 2008-12-29 @ 11:12
Comment from: Steve [Visitor]
Excellent work! Im British living on the Border and I laugh at the "carry-on" with the Border Patrol as I know many British do. It is a sad shame for the American peoples. It is fast becoming a police State and an isolated State in comparison to the rest of the world.

Sad, very sad.

Take care and keep up the good work.
Permalink 2008-12-29 @ 13:08
Comment from: Verena [Visitor]
You, Sir, are a true patriot.

I wish I had that much nerve.
Permalink 2009-01-01 @ 19:01
Comment from: Alan Rockefeller [Visitor]
Your videos are pure genius and I really appreciate you standing up for our liberties. If more people did this, the checkpoints would not exist. I will never look at checkpoints in the same away again. I really admire the way you are able to stand up the man and not get angry or intimidated.
Permalink 2009-01-02 @ 16:24
Comment from: Michael [Visitor] · http://www.thebrokenchessboard.blogspot.com
Absolutely brilliant!
Permalink 2009-01-04 @ 11:50
Comment from: Jenny [Visitor]
Wow! The contradictions that come out of these agents' mouths are unbelievable! "You're not detained, but you're not free to go." Huh? It's clear these particular Border Patrol agents know the letters and numbers of the statutes, but are blively unaware of what they actually mean. Have you ever been arrested? Have you ever taken this to a court of law?
Permalink 2009-01-06 @ 18:21
Comment from: Troy [Visitor]
If soeone said to me, "You're not detained," I'd ask them to repeat that.

"I'm not detained?"

"No."

(smile) "Okay thanks officer." and drive off. I'd probably get chased-down and arrested, but it would make for an interesting court case. I've always wanted to go to court, especially if it can escalate to the U.S. SC level.

Permalink 2009-01-24 @ 11:54
Comment from: Joshua [Visitor]
Sir,
You are ignorant of the law. They are statutorily authorized, court tested, and LEGAL. These checkpoints serve as a vital piece of an in depth border control strategy. How is The Border Patrol to control egress routes without them? You are full of complaints, but no solutions. Answer the question, get waved through, and continue your day. There is no need to impede traffic, aggravate the agents who are doing their sworn duty, or be difficult.
Permalink 2009-02-16 @ 09:31
Comment from: Alex [Visitor] · http://tinyurl.com/5anb4p
US citizens should not be stopped and questioned by federal agents if they are not crossing the border.
Permalink 2009-02-16 @ 11:04
Comment from: Checkpoint USA [Member]
If I'm ignorant of the law 'Joshua', it should be relatively easy for you to document where in the law agents have been authorized to indefinitely detain individuals inside the country at suspicionless checkpoints absent consent or probable cause. While you're at it, be sure to cite the section of law that authorizes DHS to use internal suspicionless immigration checkpoints as a pretext to look for felons, weapons, terrorists and narcotics as well.

As is par for the course with those of you who feel faux security trumps essential liberty, you've offered nothing to substantiate your extraordinary claim that individuals can be routinely treated like serfs and suspects by public servants merely for existing. In other words, either put up or shut up 'Joshua'.

“Assuming that Congress has the power to admit aliens on condition that they submit to reasonable questioning about their right to be in the country, such power cannot diminish the Fourth Amendment rights of citizens who may be mistaken for aliens. The Fourth Amendment therefore forbids stopping persons for questioning about their citizenship on less than a reasonable suspicion that they may be aliens.” - U.S. v Brignoni-Ponce

Permalink 2009-02-17 @ 06:54
Comment from: Gentile Joe [Visitor]
I'd say a citizen's arrest is in order. My understanding is that can happen when a felony is committed - and this is high treason.
Permalink 2009-03-11 @ 09:52
Comment from: Fred [Visitor]
This is fascism, pure and simple. They don't need to stop cars on the highway to nab illegal immigrants. It's well know they are migrant workers and the like, and where they are at.

Why doesn't the govt. ever give us MORE rights, but instead are forever whittling away our rights ?

The Fourth Branch of Govt. is the people and the removal of tyranny is good, righteous, and just. Indeed, the Almighty would bless such acts and consider them noble.


Permalink 2009-03-12 @ 12:54
Comment from: jo jim bob [Visitor]
If you are an american you answer the question "ARE YOU FREE..." to go. If they say no, then the country is not a free country. Its a clear contradiction.
Permalink 2009-05-01 @ 14:49

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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