Suspicionless Checkpoint

Tuesday 05.26.2009 04:36PM

While listening to the Free Talk Live podcast from May 16 I was reminded of the horrible story of what happened to pastor Steven Anderson just a little over a month ago.

On April 14, Mr. Anderson was driving home from San Diego to Phoenix and was stopped at a suspicionless Border Patrol checkpoint about 75 miles east of Yuma on Interstate 8. Note, this is a checkpoint inside the United States, within 100 miles of the US/Mexico border. He declined to answer their questions or let them search his vehicle, invoking his Fourth Amendment rights. They insisted he go to secondary screening, where they brought out a dog and claimed it had alerted them there were drugs or a human in the trunk. Anderson said the dog did nothing and requested they bring the dog out again to show him the alert, but they refused.

Anderson was detained for over an hour until the Department of Public Saftey officers arrived. He again explained that the dog had done nothing. The DPS officer asked Border Patrol to bring the dog out again, but they still refused. Based on the word of the Border Patrol officers, the DPS officer said Anderson was under arrest “for failure to obey me, right now”. They warned Anderson to cover his eyes because there would be broken glass. He covered his face with his hands and leaned forward, the officers broke both the driver and passenger side windows in and shot him with two tasers. He tried to keep covering his face with his hands, but could not even control his arms because of the tasers. An officer grabbed his head and shoved it into the driver's side door where the window had just been broken out, pushing glass into his head. He was pulled out of the car, thrown on the ground, his head held down with an officer's foot, and was shot with more tasers. He was not physically resisting or fighting back at all. Finally, they handcuffed him and took him into one of the trailers, where he could see in a mirror that his face was covered with blood. He had to get eleven stitches.

Unsurprisingly, when they searched his car they found nothing. The dogs either falsely alerted, or the officers just lied about the dog alerting.

This much I have summarized from a couple videos which I recommend you watch below. The second one is actually from the car right as they break the windows and tase him. You won't really see much, but be warned that you do hear his screams of pain from the tasers and might be disturbed.

Under Supreme Court decision U.S. v. Martinez-Fuerte, apparently these type of checkpoints are permitted within 100 miles of an international border, as long as they're aimed at catching illegal immigrants or smugglers. Technically, based on Census data, 190 million Americans live within this 100 mile zone of our borders and coastlines, meaning nearly two-thirds of the population could essentially be denied their Fourth Amendment rights rather arbitrarily, just by driving somewhere.

My opinion is that this was ridiculous, violent behavior exercised against someone who was not violent or threatening violence against anyone. Furthermore, it's an obvious violation of his Fourth Amendment right to be secure in his person and effects against unreasonable search and seizure, particularly lacking a search warrant. There's more reading below if you are interested. The last link is actually an opposition article, critical of Anderson and his family because they are quite “right wing.” For me, while I know I disagree with the Anderson family on some political and spiritual matters, that does not change that what happened here is reprehensible.

More reading

The camera is the new gun
Arizona DPS Delivers 'Service' With a Smile
Checkpoint Diego
Pastor Claims Abuse at Border Patrol Checkpoint on Interstate 8
Pastor Tased and “Beaten” at Checkpoint Plans to Sue; Admits He's Been Resisting at Checkpoints for Months
I knew something was wrong, but I had no idea...

Tagged: politics / liberty
comment (1) | add to del.icio.us

Hurt

Wednesday 05.20.2009 01:58PM

Everyone and their brother has (probably – hopefully) heard this cover / seen the video already, but I was just reminded of it yesterday.

It's flawless. Moves me every time.

Tagged: music / video
comments (0) | add to del.icio.us

Worn

Friday 05.08.2009 09:49PM

I have been feeling pretty worn and heavy-hearted lately. There's just a lot of stuff going on, and I tend to empathize.

Sheryl's dad passed away in March. Now her brother is having some health issues and is in the hospital. Matt's mom has cancer again, and it's apparently stage 3 or 4. She's having surgery sometime this summer. A marriage is dealing with the repercussions of an affair, as well as the friends around them. There's other things I can't really go into, but those are some key examples. On top of that are my own battles with self, which is another post entirely.

Lately, it just seems like everytime someone turns around, something bad is happening. Most of the time they are things I cannot really do anything about – it feels helpless. I feel like I'm sometimes looked to – even if I cannot “do” anything – to be strong, at least. Not sure how well I'm doing at that. I just feel discouraged. I am weak. I am worn.

I have been reading through the Harry Potter series and it feels like there's a dementor around:

“Dementors are among the foulest creatures that walk this earth. They infest the darkest, filthiest places, they glory in decay and despair, they drain peace, hope, and happiness out of the air around them. Even Muggles feel their presence, though they can't see them. Get too near a dementor and every good feeling, every happy memory will be sucked out of you. If it can, the dementor will feed on you long enough to reduce you to something like itself... soulless and evil. You'll be left with nothing but the worst experiences of your life.”

– Harry Potter and the Prisoner of Azkaban

It's not to that extreme, thankfully, but I thought the analogy to current happenings was uncanny. I know that I am loved, and in that I have hope, even if it is often hard to see or grasp that hope. I am still trying.

Tagged: life
comments (3) | add to del.icio.us

supplements