I, a U.S. citizen, was arrested by a U.S. Border Patrol Agent today

First, I would like to say that I do not wish this thread to be a discussion about drug use, and will not post any details as not to violate the T & C.

Today, I was on my way back to Phoenix (where I was born a citizen), after a very nice little vacation in San Diego CA. I've made this trip several times in the past, and have of course encountered encountered U.S. Border Patrol checkpoints on every trip. They always just waved you through, and if they had questions about your citizenship they verified and sent you on your way. That's the job they are meant to do. But that has recently changed, in Yuma county AZ.

The U.S Border Patrol checkpoint there, now has trained sniffing dogs that they run up and down EVERY vehicle traveling on Interstate 8 east of Yuma, intentionally to search for small amounts of drugs being carried on board the vehicles of American citizens on their way back from California. If the dog signals on your car as it passes, you are taken aside and your vehicle is ransacked, until they find what it is they are looking for. Then you are arrested, taken into a little trailer and given a misdemeanor ticket, then sent on your way, they don't check if your under the influence or anything, apparently they aren't concerned with safety. In ANY other circumstance other than Yuma county, the Border Patrol has no jurisdiction over citizens, but there they are given special powers that are unconstitutional and they perform illegal searches and siezures all day against US citizens that have done NOTHING to warrant having a drug dog run around their car, just returning from vacation. The way the law works is you have to do something wrong to get pulled over BEFORE you get searched. This is just a money making scam, but the implications against our rights can't be ignored.

Needless to say I am pissed, and I feel extremely insulted as an American citizen to have been arrested by the Border Patrol, and more insulted that the AZ government is allowing and encouraging this to happen to it's citizens just so they make more money in fines. I used to think AZ would stand up to the feds, but our government is on bed with them. I will definitely be looking into a lawyer, I'm not going to just pay my fine and take this injustice. I'm also going to be moving to California as soon as I can make it happen. I've had enough of this police state, it just gets worse and worse. I love the gun laws here, but the rest is not for me.

Here's an article I found when searching about the legality of this checkpoint...

The notion of a checkpoint where police can pull over every single vehicle and search it chills many Americans. Justice Clarence Thomas, no beacon of liberal thought, made that clear in his dissenting opinion in the 2000 case. Though Thomas felt compelled to side with the Indianapolis police because of court precedents, he challenged the basis of the precedents strongly.

"I am not convinced that Sitz and Martinez-Fuerte were correctly decided," Thomas wrote. "Indeed, I rather doubt that the framers of the Fourth Amendment would have considered 'reasonable' a program of indiscriminate stops of individuals not suspected of wrongdoing."

The new agreement with Yuma County blurs the distinction between drug and immigration checkpoints.

The Yuma County Sheriff's Office, like all other law enforcement agencies in the country, cannot legally operate a K9 checkpoint. But in Yuma County, Border Patrol agents are deputized to write local-jurisdiction citations — an end run around long-standing constitutional protections against stopping motorists without probable cause.
www.phoenixnewtimes.com...

More and more of our rights, constitutional and human, are taken from us EVERY day.

[edit on 4-8-2009 by 27jd]

So in that county the BP has jurisdiction just like a regular police officer?
Interesting. I don't even think in any other areas the BP can even ask for citizenship, they have one role, to guard the borders. Please keep us updated on your legal proceedings. Trash like this cannot be taken lightly. This is OUR country, not uniformed Government tools.

Sorry you had troubles. I've had the same ones, sounds like. My fix for that was to stop doing it. Stop blaming it on the cops. if I'm doing something illegal, it doesn't matter if it's dea, fbi, bp, or pd...there's gonna be a problem.

It's draconian and flat wrong that our 'border' extends a hundred miles in...but it's reality...they're gonna get you if you got something you aint suppose to. That's just the way it is. Seems to me like it would be easier to change something about what you got popped for then to move to another state...

Good luck.

reply to post by KSPigpen


Again, that's not what this thread is about, and it does matter who busts you, actually. But thanks for your opinion and well wishes.

[edit on 4-8-2009 by 27jd]

We don't even get treated that badly in Mexico by the military police. You guys in the states are in big trouble...

Flag for you too.

[edit on 4-8-2009 by Sundancer]

I'd like to see verifiable statistics on the amount of immigrants detained & deported by this road block vs the number of "other" offenses that receive citations by this road block.

Unfortunately, it is a reality that many people who cross border areas illegally do so with the intention of bringing contraband into this country.

If this checkpoint is using border patrol agents to catch the people who fit in the category of illegals carrying contraband more than it catches citizens for minor infractions, then it is doing the job it was hired for.

If not, you may have a strong case against it.

Today's reality is that we are living in a police state. We have allowed it to happen and continue to allow it to happen.

Until the people finally fight back en masse and say "NO MORE", it will continue to be a police state and even escalate in it's police state activities.

Sucks doesn't it?

Originally posted by redhatty
I'd like to see verifiable statistics on the amount of immigrants detained & deported by this road block vs the number of "other" offenses that receive citations by this road block.

The article I linked talks about the significant drop in immigrants in the area due to new fencing, and the fact that the border patrol is bored now, but fresh with all that new funding and nobody to use thier toys against. So they've turned to U.S. citizens. And it also states it's illegal for police or hwy patrol to set up K-9 check points, under the constitution. But Yuma county and the border patrol are using a fairly new loophole (under the Bush administration) that allows border patrol to use K-9's at checkpoints to find illegal immigrants, but since there aren't really that many to catch anymore, they came up with this deal to deputize them in Yuma and unleash them on us. Using a federal power meant to be used to catch illegals and drugs they smuggle, to search EVERY car that passes the hwy, regardless if youre a citizen on vacation. That's NOT what the border patrol does, and Yuma is using a loophole to perform illegal searches and siezures.

Until the people finally fight back en masse and say "NO MORE", it will continue to be a police state and even escalate in it's police state activities.

Sucks doesn't it?

I agree, and it does suck. All I can say is, I fully recognize that our country is not the land of the free. Not by any stretch of the imagination, and it's only getting worse, I've now experienced it first hand. I used to admire the border patrol, I used to think they were the ONE law enforcement organization that did some good. But no longer.

[edit on 5-8-2009 by 27jd]

I was pulled over too. A dog jumped on my car and I was pulled to the side. I guarantee you there has never been any illegal drugs in my car. There is no way a dog should have tagged my car for drugs. However - I was let go.

I drive Yuma to Los Angeles regularly. I have never seen such aggressiveness as I saw this weekend. I know you are not exaggerating.

But - you are not saying what you were arrested for.

reply to post by 27jd


The border patrol agents have the right to stop ask you questions.They have the right to detain you if they think a violation of US law has occurred.They did not have the right to search you or your vehicle until the dog gave them reasonable suspicion that a substance was being illegally transported.Do you know why you didn't go to jail? Reason is the amount was insufficient to warrant federal prosecution quite simply they were after bigger fish and threw you back.Count yourself lucky and next time dont be stupid and try to take narcotics through a check point!

As for this its nothing new they did the same things during prohibition.The only difference is in the 1920 you would have gone to jail and probably ruffed up in the process.Border patrol agants have always had this power its not a conspiracy and for gods sakes they let you know where there going to be how stupid are you?

Originally posted by dragonridr
Border patrol agants have always had this power its not a conspiracy and for gods sakes they let you know where there going to be how stupid are you?

First, coming from a soldier for the US government, I expect that reply from you.

But youre wrong, actually they haven't always had that power, and only have that power in Yuma county, where they were deputized. And I wasn't "lucky", smartguy, they let EVERYBODY go, READ the article I linked. I'm not arguing that I made great choices but i'm an adult and that's my business, but since you obviously didn't read the article I linked, this is entirely new. They've always had the checkpoints, but they were NEVER concerned with American citizens, now they are targeting American citizens. If I was driving with bad tags, or was speeding, etc. and I was pulled over by a police officer or hwy patrol, then you could reasonably ask your ignorant rhetorical question about how stupid I was, but the only reason you agree with this is because you have a bias against the subject itself. Mind YOUR business. If it was citizens with GUNS they were after, and they stopped every car in traffic and found a banned weapon in yours, I'm sure you wouldn't be so far up their arses, and would probably threaten to kill them all right there in that situation. Again, educate yourself, the border patrol is tasked with stopping illegal immigration, the police are tasked with enforcing laws INSIDE the country. The police CANNOT legally set up K-9 checkpoints to search ALL traffic, that's NOT in the constitution YOU swore to defend. You had NO idea what you were swearing, obviously. You make me ill, personally.



[edit on 5-8-2009 by 27jd]

[edit on 5-8-2009 by 27jd]

Originally posted by Annee
But - you are not saying what you were arrested for.

Well, that would be against T & C. But if you read the article they break down what happens, and since I was let go i'm sure you can figure it out that it was very minor and commonplace in California, where I will definitely be taking my tax dollars ASAP.

I just wanted to point out that what to me feels like a violation of our consitutional rights, and a shameless money grab. But where does it go from here?

...27jd - you dont want anyone to address THE REAL REASON you got busted and prefer that responders jump on your bandwagon and make it all about the big bad border patrol... tsk, tsk, tsk...

...loss of freedom/rights is not the case in your case, imo...

...the border patrol were doing their job... you willfully broke the law... they confiscated your dope and gave you a ticket... pay your ticket - you deserved it... dont waste taxpayers money on a court battle - not to mention the money you're gonna have to cough up to pay a lawyer to represent you (unless you're gonna represent yourself and, considering your inability to take responsibility for a situation that you created, i wouldnt advise that)...

...you got off easy and you're whining... it couldve been much worse, since your county backs up to maricopa county, the home of the infamous joe arpaio... clean up, grow up, smarten up...

Oh OK.

Its only been in the last month it seems to have gone to extreme - in my opinion.

Seems as if they must have gotten a grant or something. Plus they just finished that new check point in the mountains.

I have yet to be asked to show ID - but I do carry my passport at all times now.

When it goes as far as - you have to file travel papers before driving - - that might do it for me.

reply to post by 27jd


Do Not Move To California! You think things are bad there, this state is broke! The cops pull you over for anything, they need money! All services have been cut, school programs, Nat'l parks you name it, its gone! All taxes on everything have been raised, car registrations have doubled. I can go on and on but I repeat, Do Not Move to California!

Originally posted by Wyn Hawks
...27jd - you dont want anyone to address THE REAL REASON you got busted and prefer that responders jump on your bandwagon and make it all about the big bad border patrol... tsk, tsk, tsk...

You're right, I'm not interested in a bunch of people who aren't content tending their own lives, to lecture me about mine. Plus, "THE REAL REASON" I got busted is NOT something we can discuss on this website. Otherwise I would debate you ALL DAY on your glaring HYPOCRISY as you probably drink like a fish. Is your life SO boring you need to focus on everybody else's? Must be.

...you got off easy and you're whining... it couldve been much worse, since your county backs up to maricopa county, the home of the infamous joe arpaio... clean up, grow up, smarten up...

Again, I got off the SAME AS EVERYBODY ELSE they bust there. You didn't even read the article I linked that explains it ALL, and why it is a PERFECT fit for this particular forum. I'm not interested in your BS, goodie goodie, false righteousness, k? I'm SURE you're an angel yourself, no doubt. If you feel it's cool for the border patrol to target US citizens, that's your opinion, and you're more than welcome to it.

And I live in Glendale, not Yuma. I am right in the middle of that a-hole Arpaio's county.

[edit on 5-8-2009 by 27jd]

reply to post by 27jd


Has nothing to do with being deputized this is something to get around a local law.If at any time a border patrol agent while performing there duties finds out about an illegal act they have all ways had the jurisdiction to arrest you sorry this isn't new.Suggest you study your history as well Al Capone had a run in with border patrol only in that instance wasn't really an arrest they killed the smugglers. Luckily for Capone he wasn't there as planned.

As far as legal ramifications the minute that dog marked your car they had probable cause that a crime was being committed. Now since obviously they are border patrol who by the way is tasked with stopping drug smuggling since apparently you were un aware obviously. they were well within there jurisdiction. The reason they fined you and sent you on your way is simple the amount was not worth the cost of federal prosecution it would cost to much to detain and try you. But since you are in violation of US law they just cant let you go either so effectively you get a court fine pay the man and move on.Hopefully you'll learn something from this but somehow i doubt it.

reply to post by Oatmeal


Oh, we're broke too. That's why Yuma is pulling this crap. I have always wanted to live in San Diego though.

reply to post by dragonridr


Dude, YOU'RE not getting it. We're NOT talking about Al Capone, and the prohibition. Which failed if you don't remember, the same as this BS prohibition will. What part of they are targeting small time users aren't you understanding? This is new, this never happened here before, and it's a violation of our rights under the constitution. Here since you won't read the article, THIS is the issue I have with this...

Using drug-sniffing dogs at checkpoints to catch small-time marijuana users probably seems like a smart idea to Americans who view drug use as morally unacceptable.

However, keeping in mind the Fourth Amendment's prohibition against unreasonable searches and seizures, judges have traditionally taken a dim view of such "suspicion-less" stops and searches of vehicles.

After first taking office in 1993, Sheriff Joe Arpaio, a former DEA agent, proposed staking out main roads in and out of Maricopa County with checkpoints. Then-County Attorney Rick Romley put the kibosh on Arpaio's idea, saying it was unconstitutional.
www.phoenixnewtimes.com...

This IS unconstitutional, REGARDLESS how you feel about the issue of prohibition.


[edit on 5-8-2009 by 27jd]

reply to post by 27jd


Worse crap here, I'm tellin ya....
Line Two

Originally posted by Annee
I was pulled over too. A dog jumped on my car and I was pulled to the side. I guarantee you there has never been any illegal drugs in my car. There is no way a dog should have tagged my car for drugs. However - I was let go.

I drive Yuma to Los Angeles regularly. I have never seen such aggressiveness as I saw this weekend. I know you are not exaggerating.

But - you are not saying what you were arrested for.

its because 80% of all dog s are just basic dogs that do the same circus rutine trick on every car they stop.

master sais something with a loud voice or in the same tone as the dog command s , hence the dog knows your being commanded and they just do what they always, do try to stay on top of their game ,

just sad ,

an other thing they sometimes do is they nudge the collar when they get closer and the dog goes bark ravin´ mad becuase they belive somethings wrong.

but dont blame the dog ,blame the person on the other side of the leech.

blame him for being an idiot and a pawn and for notunderstanding his/her own rights and the purpouse of their job and what it means to carry a badge.