11/5/2008 9:11:00 AM Local police draw line with Border Patrol
Port Townsend Police Chief Conner Daily (left), Jefferson County Sheriff Mike Brasfield, and John Bates, Blaine chief patrol agent for the U.S. Border Patrol, were part of a panel Nov. 3 in Chimacum on Border Patrol activities on the Olympic Peninsula. Many of the 400 attendees questioned the value of traffic checkpoints based on constitutional issues and the lack of any arrests of terrorists and the arrest of only 15 undocumented immigrants. - Photos by Barney Burke
Farmer Roger Short asks a question of the U.S. Border Patrol. At lower left is Port Townsend Mayor Michelle Sandoval and, behind her, Deputy Mayor George Randals.
If you’re stopped at a checkpoint: You have the right to remain silent, attorneys say
Although it's not uncommon to hear of undocumented aliens being incarcerated, "it's not a crime, it's a civil violation," said Ann Benson, directing attorney for the Washington Defenders' Association Immigration Project.
Immigration law is as complex as tax law, she said, and people frequently don't know even the fundamental rules.
People accused of violating immigration laws have the right to an attorney and a hearing before a judge, but they must pay for their own attorney, she said.
"The Border Patrol can approach you and ask questions," said Benson, but "people don't understand the right to remain silent."
The Fifth Amendment, protecting against self-incrimination, applies to citizens and non-citizens alike. However, Miranda warnings - "you have the right to remain silent" - are not required in immigration cases, she said.
If you get stopped at a traffic checkpoint, Benson advises:
1. Don't answer questions.
2. Show and carry your identification.
3. Don't sign anything.
4. Don't lie.
5. Insist on talking to a lawyer.
According to Port Townsend Police Chief Conner Daily, Washington's law pertaining to "notices of infraction," such as speeding tickets, has been revised. A driver no longer has to sign non-criminal citations.
People with concerns about the increased presence of the U.S. Border Patrol on the Olympic Peninsula didn't mince words when they asked questions of Border Patrol agents at a forum Monday night in Chimacum.
The Nov. 3 panel included local law enforcement officials and two defense attorneys involved with immigration issues.
"We need to listen, we need to work together," said John Bates, Blaine chief patrol agent for the Border Patrol.
Bates described how his agency's local staff has increased from four agents in 2000 to 25 today. "The numbers that I have now are absolutely essential," he said.
The Border Patrol is building a new facility in Port Angeles, but it will not include a detention facility, Bates said. As the Border Patrol adds airborne and marine resources, "the need for checkpoints would lessen," Bates said in response to audience questions.
Michael Bermudez, a supervising Border Patrol agent, said, "Tactical traffic checkpoints are only one element of keeping our borders safe."
Bermudez noted that the Border Patrol works with other federal agencies such as the Drug Enforcement Administration and the Bureau of Alcohol, Firearms, Tobacco and Explosives, as well as local drug interdiction efforts such as OPNET, the Olympic Peninsula Narcotics Enforcement Task Force, which includes local agencies.
"As they are protecting our borders, we should also be protecting our Constitution," said Shankar Narayan, legal director of the American Civil Liberties Union of Washington.
He called the Border Patrol's practice of conducting checkpoints anywhere within 100 miles of U.S. borders the "Constitution-free zone." In effect, the Border Patrol's checkpoints encompass two-thirds of the U.S. population and nine of the 10 most populous areas, Narayan said.
"Government agencies are accountable to you," said Narayan. "Do we really need 45 Customs and Border Patrol agents?"
Ann Benson, directing attorney for the Washington Defenders' Association Immigration Project, gave an overview of immigration trends. "You'll be stunned to see what's happening," she said of federal detention centers like the one in Tacoma, which is to be expanded from 1,000 beds to 1,500.
Until 1996, most undocumented people here were from Canada, Benson said. But two years after NAFTA (North American Free Trade Agreement) was ratified, Canada was eclipsed by Mexico.
And while Chief Bates characterized Olympic Peninsula traffic checkpoints as "permanent," Benson said they are "random." Only permanent checkpoints, not random checkpoints, have been upheld in court, she argued.
Benson and Narayan said that no case involving checkpoints like those on the Olympic Peninsula has been fully tested in federal court.
Questions Asked if the traffic checkpoints had resulted in any major drug busts, Bates said, "We have not made a major seizure of narcotics." However, he stressed that there is a lot of gun and drug smuggling through Washington as well as trafficking of indentured servants from other countries.
Fifteen undocumented immigrants have been taken into custody at checkpoints here, Bates said. Six were from Guatemala and nine from Mexico.
Seven people have been arrested on drug charges, Bates said, and no one has been arrested for terrorism.
Chimacum farmer Roger Short told of an employee who had to go to Jefferson County District Court for a traffic ticket and was questioned by a Border Patrol agent in a Courthouse hallway. "I thought the Border Patrol was going too far," Short said to applause.
"The only way to determine if [someone] is legally here or not is to ask questions," said Bates. "We don't target specific groups."
Port Townsend Mayor Michelle Sandoval relayed concerns she's heard from city residents who say they have been stopped by Border Patrol agents and even followed to their places of work.
"We do do that," Bates said, noting that it is legal for agents to ask people questions. If someone doesn't have an ID, Bates said, the "penalty" is that "we spend more time talking."
"Once we determine the situation does not require further investigation, we release them," said Bates. "It's been tested all the way to the Supreme Court."
Benson, the defense attorney, agreed that Washington drivers - but not passengers - must show ID if asked. But she stressed that the U.S. Constitution protects citizens and non-citizens alike.
"Odds are, you will get arrested," said Benson of the situation undocumented immigrants often face.
The forum was hosted by the League of Women Voters, American Association of University Women, Port Townsend & Jefferson County Leader, Port Townsend Peace Movement, and City of Port Townsend.
soy mexicana vivo en mexico y busco a mi esposo,el es emigrante y nos abandono amis hijas y a mi el vive en ashlan virginia en hotel super 8. su nombre es donaldo sandoval iñigez el es imigrante,se droga,y solo le hace daño a los estados unidos,deportenlo no merese vivir en e.u.
Posted: Saturday, November 15, 2008
Article comment by:
Gail Miller
Gerald Rowe,
Your setiment on police powers is identical to the Germans in Nazi Germany. If you do not have oversight and control over your government, you will lose liberty. Don't worry, there are still people out there who believe in the constitution. The rest are sheeple.
Posted: Wednesday, November 12, 2008
Article comment by:
Keith Conover
Andy Lingle,
For once, you and I are completely on the same page.
Posted: Tuesday, November 11, 2008
Article comment by:
Robert McDonald
Sharing an email I sent to KOMO-TV to thank Ken Schram for his editorial concerning the Border Patrol: Thank you, Ken, for your commentary on the US Border Patrol on KOMO-TV.
We here on the Peninsula are really upset by the arrogant attitude of these brothers and sisters of the TSA - yet another example of high handed transportation authority, sent out from the Ministry of Fear, known to many as Homeland Security.
Thankfully, our local constabulary has drawn a line in the sand with the Olive Coats. See the attached article from the Port Townsend Leader.
Many of us are fed up with the mantra "War on Terror." It will go down in history with the never-ending "War on Drugs," or, from my childhood, "Big Red Menace" with us kids being frightened and terrorized by the US Governments "duck and cover" drills and the Joseph McCarthysim "watch out for Commies coming to a neighborhood near you!"
Now those were prosperous days in the Republic, what with everyone digging a bomb shelter in the back yard, remember?
Apart from a score or more of undocumented individuals "captured" by the Border Patrol, the only other results we've realized from the Border Patrol is the apprehension of one of their own, for allegedly having inappropriate relations with his step daughter, and the nabbing of a rookie "terrorist" driving off the M/V Coho almost a decade ago, with a trunk full of explosives!
What a heck of an ROI - return on investment - in personnel, equipment, and time!
To those wimp-outs who say "they are just doing their job" I say, get a hold of Mr. John Bates at the Border Patrol, and ask him to randomly set up a check point at the head of your driveway! That way you can wallow in your appreciation for them "just doing their job!"
One can only hope that when the trash is hauled out of the White House, we may see a return of Common Sense in dealing with border and transportation issues.
Finally, Ken, this country and it's citizens have their great moments, as we experienced last Tuesday. But they also tend to act - react - from time to time, like a lowly herd of sheep!
Posted: Tuesday, November 11, 2008
Article comment by:
Richard Hefley
I had a similar experience to Mr. Kirkpatrick. A border patrol car tailed me into Fort Worden and followed me until I stopped to ask him what his problem was, when he sped off.
Another time I was stuck adjacent to 4 officers on the ferry. They were smoking by the No Smoking sign and being pretty profane. While I don't personally mind that, I was with my children returning home from church. Border patrol officers I have seen seem poorly trained.
I have never protested in my life, but I am drawing a line with these thugs. Either get them training, or get them out of here!
Anyhow, our local police would be better at dealing with illegals in our community. The local authorities are a part of our community and already know who belongs or not, without harassing every long time citizen
Posted: Tuesday, November 11, 2008
Article comment by:
Don Exelby
I've only been stopped at one checkpoint, in Virginia many years ago, when the State Patrol was looking for escaped convicts. I didn't mind, except I hadn't noticed that my driver's license had expired. The officer didn't even look at it. He asked some questions, looked in the trunk, told us what they were looking for when asked, and was very polite. I've always been treated well when pulled over for traffic violations also. Unless you look and act like a dirtball, I've found that officers tend to treat the citizenry with general politeness. When officers ask questions it's not so much to get answers as to look for nonverbal clues that may be suspicious, like nervousness, avoidance of eye contact, etc. If they don't run into anything like that they just say 'have a nice day' so where's the harm? I can spare a minute or two in the interest of public safety.
Posted: Monday, November 10, 2008
Article comment by:
Alex Hepler
I did my 20 in the Marines. We had rules and regulations to follow- it all served a purpose.
It turns out most people are not in the military and don’t want to feel like they are on a military base as they go about their daily business nowhere near an international border.
And another thing-
“Live Free or Die” means I have the right to raise a rifle toward whatever Boogeyman might come here to take away our American way of life…
Some say that those who complain about checkpoints would be the first to scream if the Federal Government fails to keep us safe. The fail part has already happened. Leave us alone to go about our daily business- we’ll call when we need you.
Posted: Monday, November 10, 2008
Article comment by:
Dan Kirkpatrick
Recently, I was driving down Quincy Street and as I approached Washington Street, which has a STOP sign to Quincy, a Border Patrol Car ran this stop sign and almost broadsided my vehicle. He acted outraged and did not move his car until I backed up and went around him. He just glared at me and I thought he was going to stop me. He was clearly acting like a bully because he could even when he was wrong. I reported it to the Port Townsend Police and they did not respond one way or another. I guess they are afraid of them too. My question the other night, at the meeting, if I could have asked it, would be this. Since Jefferson County has no border crossing, why are they here harassing citizens for no reason? Wasting taxpayers money to develop a fascist state? To ride a pale horse? What is it?
Posted: Monday, November 10, 2008
Article comment by:
Jeff Arntzen
Maybe I'm clueless or missed the point, but where in the article (as the headline indicates) do "Local police draw line with Border Patrol?" I see not one quote from a local police spokesperson in this article.
Posted: Friday, November 07, 2008
Article comment by:
Jeremy Scott
They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.
Benjamin Franklin
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