Arizona activist takes on Border Patrol
On a desolate, desert highway in Southern Arizona, Terry Bressi pulls up to a Border Patrol checkpoint where he is asked to reveal his citizenship status.
He instead asks the Border Patrol agent if he is being detained, so she orders him to pull over to the side of the road for further questioning.
But he continues to ask if he is being detained because otherwise, he tells her, he would like to be on his way.
They go back and forth for more than two minutes as he records the entire exchange on a video camera (to her credit, she doesn’t try to order him to stop filming).
After walking behind his truck to check out his license plate, she finally tells him he is free to go.
This incident occurred in January 2008 and is only one of several videos on Bressi’s Youtube account, which is appropriately titled CheckPointUSA.
In December 2002, he was not so lucky. He was dragged out of his vehicle and laid face down on the pavement where he was handcuffed and arrested for refusing to hand over his driver license and for refusing a lawful order.
Unfortunately, he did not record that incident on video.
Nevertheless, his case was dropped a year later but the ensuing civil suit he filed has not yet been settled.
And according to Bressi’s website, he should have no problem winning the suit because the Supreme Court has ruled that police checkpoints are unconstitutional.
For those unfamiliar with my use of the term seizure in this context, the Supreme Court has ruled that a 4th Amendment seizure occurs whenever an individual is stopped at a checkpoint:
“The Fourth Amendment applies to all seizures of the person, including seizures that involve only a brief detention short of traditional arrest.”
-U.S. v. Brignoni-Ponce“It is agreed that checkpoint stops are ‘seizures’ within the meaning of the Fourth Amendment.”
-U.S. v Martinez-Fuerte“The Court assumes, and I certainly agree, that persons stopped at fixed checkpoints, whether or not referred to a secondary detention area, are “seized” within the meaning of the Fourth Amendment. Moreover, since the vehicle and its occupants are subjected to a “visual inspection,” the intrusion clearly exceeds mere physical restraint…”
-U.S. v Martinez-Fuerte
I had tried to interview Bressi before this posting but I was unable to get a hold of him. However, he has since sent the following message to clarify the above:
The Supreme Court has approved very limited types of checkpoints. These include sobriety checkpoints in Michigan State Police v. Sitz (1986) and permanent immigration checkpoints in U.S. v Martinez-Fuerte. In 2002, the court explicitly struck down general law enforcement and drug checkpoints in Indianapolis v Edmond. In all cases, the court ruled that a checkpoint stop represents a seizure within the meaning of the 4th amendment which is why the scope of any checkpoint stop must be specifically limited in scope/duration absent probable cause.
Since the Border Patrol commonly use immigration checkpoints as a pretext to look for felons, weapons, terrorists and narcotics as well as aliens, I contend the checkpoints are being conducted in violation of the court’s ruling in Martinez-Fuerte and Edmond. There are additional reasons as well but I’m sure you get the point.
To hear Bressi’s account of his arrest, check out the videos below, which were posted on Youtube posted by etspictures, who also has a long series of videos where security expert
Bruce Schneier is speaking. Schneier has previously addressed the War on Photography.
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I am a multimedia journalist who has been fighting a lengthy legal battle after having photographed Miami police against their wishes in Feb. 2007. Please help the fight by donating to my Legal Defense Fund in the top left sidebar. To keep updated on the latest articles, join my networks at Facebook, Twitter and Friendfeed.
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Comments
what, no thanks genewitch for bringing these videos up while discussing 4th amendment seizures in the article about the mother’s arrest at the theatre?
Yes, and a big thanks to genewitch!
Are you saying that the Border patrol does not have the authority to enforce the laws?
Ferfe,
I’m just reporting what he is saying. But I find the Supreme Court cases he mentioned on his site interesting.
And I’m looking forward to see how the judges rule in his suit.
YOUR PAPERS, NOW!!!
Border Patrol, like all other law enforcement can only enforce ACTUAL LAWS, within their jurisdiction (geographical, subject-matter, and personal), consistent with court interpretations of the applicable constraints of Federal & State Constitutions.
Despite a consistent, ratcheting movement towards the power of the State, and its agents, those agents always want more power to act as they please. Over time, they nearly always get it, too.
this asshole better not complain about the illegal immigrant problem. all he has to say is ‘US citizen’ and he would’ve saved himself 2:55. i appreciate the job our us border patrol is doing. i’m glad this waste of time got arrested in 2002, it sounds like he deserved it.
Mr Miller,
I understand, and agree with you on any person’s use of a camera. They are used for many reason’s. These range from employment to enjoyment.
My military career spanned from the Marines in 1967 thru 2007, with a 100% combat related medical retirement. During this period, 25 were as an MP in the Army, 7 as a Police Oficer, and 6 as a Corrections Officer in a Max. Prison in MI. No “ONE”, believe’s “MORE THAN I IN ANY PERSON’S FREEDOM’S”. I have devoted my life to those belief’s.
“MIAMA POLICE DEPARTMENT IS A REAL BUNCH OF ASSHOLE’S FOR THE WAY IN WHICH THEY HANDLED YOUR SITUATION”! That stands as it relate’s to your side of what happened. I don’t know what they were “Dealing with, at the time”, but if they could leave it to DEAL WITH YOU OVER NOT WALKING AWAY: IT SURE AS HELL COULDN’T HAVE BEEN VERY DAMN IMPORTANT! On that you have my best wishes, and support.
Now back to what I was starting, whew! I have served thru 3 war’s now, and been decorated 28 times, so I have not set and watched CNN like so many others and formed opionions on hear say.
We are now, in a much different world, even more so than when I was 17 going into the Marine’s knowing that I would be going to Vietnam as soon as 18 popped up. At that time this Great Nation of “THE UNITED STATES of AMERICA” had never know any of the violence of War on it’s own Shore’s. As you now know that changed on 9/11.
Unfortunately, I think that the fear, shock and vulnerability then has been all but forgotten by most of our citizen’s. Before 9/11 I was with Special Operation’s ,(where is not important). At that time, 2-5 year’s befor the attack, we were looking at the provability of some type of a major attack on American Soil. With the state of the world, the wishy washy, attitude that we had had in the White House for many years and our reduction in forces, we were primed. We are always having to watch Korea. The Middle East was and had been in a whirl wind of conflict with no end in sight. BUT, the biggest concern was: If the crap hits the fan, how in the hell are we going to handle a War? Then, omg….a War with 2 Major Fronts! We don’t have the man power! Can we make the difference up with technolgoly? Well we know the answer’e to all of our question’s now, don’t we?
Everyone: Military, Police, Airports, Border Patrol, Nuclear Plants, Communications Centers, Federal & State Government Building & Court Security service’s, are all walking on ice and ready to piss at every pop!
We are under attack 7/24 thru computer attempts everywhere, phone & fax & other media attempts or interuptions, corruption attempts of personel thru various means. All attempts to penetrate our security, to find where we are vulnerable to attack. Either direct by destruction, or indirect by disruption, or if at all possible by both at the same time.
Our military used to travel in uniform when on order’s. Now they are ordered to not travel in uniform where possible. This is hopefully to prevent ready identification of/or kidnaping of personel. These same fears are faced by all others that I have mention before. When you are working and have to be in uniform, there is very little you can do about being seen or photographed. I’ve seen people take my picture, but I figured if I saw them it didn’t matter. If it was someone up to something, I don’t think I would have ever seen them at all. I’m sorry but a lot of other’s it really made nervous or very aggressive, even some of my people. Mine I had under control. Other’s I didn’t. Camera’s around Military Base’s and the above mentioned building or inside of them are great for scrapbooks. Or for planning. Depends on who is taking them. So I think a bit of common sense come’s into play here. Not a mere quote;”UNDER THE 4TH AMENDMEN….” This amendment was NOT INTENDED to deal with suicide bomber’s, or an organized attack. It was as it state’s: TO PROTECT “OUR RIGHTS”. In these time’s the caution’s that we have to use are not intended to violate right’s. If people think there rights are being violated, then by God fight it on a Case by Case basis. Please don’t just try to create situation’s where something is intended as a security measure in good faith. And then group it in with Real & Intentional Violation’s of OUR RIGHTS! In your case MIAMI POLICE went to far and then had to cover there asses, or at least try too. I think I would have just recorded things as they went on, and then a 360 degree circle to establish just where you were standing and walked away. Only as far as necessary for them to go away. Then continue to photograph them, even though it’s a little further. They are counting on they out number you, and who are the court’s going to believe: The Nice CopS? or the Nasty Trouble Maker? Did you ever find out just what they were doing there, by the way? That would be interesting maybe to know.
By the way, most of the hijacker’s on the planes that hit the trade center’s came across our border’s. Mr Bressi, in my opion, is a real prick. I have no doubt as to his knowledge about check points. He should have been aware that the Border Patrol Officer was not very long on the job by how easily he rattled her. He was looking for a specific reason for the stop. When she asked him if he was a citizen of the US, he also knew what the reason was. Instead of just answering her, her wanted to show her just” who was in charge here.” He could have answered her, and said “Why don’t you find out what to tell people when they ask you what I did, and then you’ll learn something?” Instead of being a jerk, and just being allowed to drive on more because of frustration, he could have HELPED HIS CAUSE EVEN MORE. He might just have helped to teach “JUST ONE OFFICER” to learn to do it the RIGHT WAY. Then that one would pass it on in her career. That is what a Leader would do, that would have impressed me to no end. Sometime’s we need to come down on people to make a point, but there are time’s when helping someone learn something is much more valuable.
I am sorry for the length of this, and I really don’t expect you to publish it. But I did want you to know what I thought about Miami’s action. I also hope that you can understand just a little about the concern’s that some of us work or have worked under. If everything that we do is disclosed out in the open and detailed in length to the public, then why even try to apply counter measure’s against anything?
That’s the only thing I have against the media at war. I remember making one assault landing from the sea onto a beach in Vietnam, and some reporter got onto a landing craft somehow. There weren’t many of us, and the idea was slow and as quiet as possible. I was in the second landing craft to hit the beach. The front dropped into about 4 feet of water, and all of a sudden we were lit up like a Christmas Stage! The SOB went in with the first craft and was filming us as we landed! Needless to say, we lost out on surprize, and some Marine’s. Time and place Mr Miller, time and place.
I wish you well.
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