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Indybay Feature

94 Freeway Fascism - Border Patrol Checkpoint harasses Americans

by Pipard
America is sliding towards being a third world police state. Americans need to wake up to this danger and to fight back to protect whatever Civil Liberties we have left after 8 years of assaults by the Bush Administration.
The US Border Patrol, in my opinion, are fascist Un-American agents of an emerging Police State who pull over and harass, not just Mexicans, but also US Citizens at their Totalitarian-style Checkpoints.
I should know as I was pulled over and illegally searched by these Border Patrol Traitor Scum on Saturday (9/27/08), at their checkpoint on San Diego freeway 94 east of Jamul.
I am not a "profile" type of suspect for these cops. I am a "white guy" - my family has been in America since 1700. I was stopped and harassed nonetheless as the emerging American police state we live in is gradually expanding and touching more people's lives. As I was sitting in Detention on the side of an American Highway I began, in my mind, to update the words of WWII Minister Martin Neimoller, as I thought that "first they will come for the" immigrants and then "they will come for me", the Native Born United States Citizen.

What I experienced is that San Diego assigned Border Patrol Officers Villalobos, Ward, Kennedy, and a dumpy short blonde female are illegally (in my opinion), popping open people's car trunks on freeway 94 by scaring and bullying people into giving "Consent" to search the vehicles. These Officers gave me and other Motorists an offer we could not refuse at their checkpoint stop. Either give "consent" for them to search our cars and trunks or else we are pulled over to the side of the freeway where we have to sit on a bench and be stared at and humiliated in front of all of the other motorists passing by.

I innocently gave the first officer who was manning the actual booth, my wife and my passports, cooperated with him more than he deserved by telling him I had been in Mexico buying floor tile; however, when he then asked me to "give consent" to him to search my trunk I went "huh!!" and then the full impact of the stop hit me fast! I quickly shot back at him that I already went through Immigration at Tecate and that I was not going to open anything for him. He repeated his question a few more time and then asked me to pull over to the side of the road; whereupon three other officers descended on my car, ordering me out of the car and to step away from the car and to sit on a bench. The other three officers each asked me to give consent to search my trunk and I repeatedly told them no, that I am a paid up member of the ACLU and that I am refusing to give consent to search my trunk voluntarily as a matter of principle.

Subsequently, the lead officer said that either I gave consent or he would bring out his "dogs' to smell my car, and I told him that he still did not have consent to open my trunk. By this point the officer's demeanor showed that he appeared "hellbent" on getting into my trunk one way or another.

Officers Ward, Kennedy and Villalobos then brought out their Phony Scam "Sniffing Dogs" who ran around my car and then barked & sort of leapt up a few times while running around the car; whereupon the lead officer then declared that he now had the legal right to forcibly open my trunk, and demanded that I give him my car key, and so I involuntarily complied.
The officer then searched my car as well as my trunk and undercarriage for about 10 minutes and of course found nothing of interest, as I all I had in my trunk was a spare tire and a box of floor tile.
I don't know if the Border Patrol either got ripped off by whomever sold them the dog, or if the whole dog-sniffing thing is an actual scam where the dog barks at every car so the Border Patrol can pretend they have probable cause to search in every case, or lastly, and more likely, that the dog did not "signal" anything at all by his "bark", and the officer was probably full of shit.

In my case these agents also took my Passport, (which I had on me), and my California Drivers License and went inside and made photocopies of all of it to keep for their files. The officer in charge even sent the blond female officer back inside with loud orders to copy all of the pages in my Passport. (Was this to somehow scare or intimidate me?) They then returned our IDs and Passports and gave me my keys back and told us nonchalantly that we could now leave.
During the 30 minutes of our Detention I argued with the lead agent, I think he was Officer Ward, over what he was doing and we bantered back and forth about the 4th Amendment on Search and Seizure law, with him claiming that he took 7 classes in Criminal Law in College. Apparently he must have been forgotten to take a class in Civil Liberties and Constitutional Law.

Also, In the midst of this My wife then began taking pictures of the four Agents while we were sitting on the Bench and it totally freaked them out, with them running over yelling to stop taking pictures.

In summary, this is the kind of thing that happens in old B-rated Nazis movies where fat-faced fascists bark out "Papers Please" to scared citizens. It is crystal clear to me now that the Border Patrol needs to be driven off of America's Highways and Neighborhoods by the Citizenry as they are a Clear and Present Danger to all of our Civil Liberties.

I found out later by searching the Internet that Citizens do not have to give ID to them and that I did not actually have to even talk to them, so I apparently went way overboard in giving them my passport and drivers license and chatting with them about where I had been and where I was going. From now on it will be their problem to figure out my nationality as I am only going to say, "Am I being Detained" and "Am I free to go", and I suggest all of you readers stand up for freedom and do the same and not even roll down the window when stopped by these fascist scum.

We are losing our Country, not to Undocumented Immigrants, (who are the ones actually building and saving this Nation in every measure). but to a creeping Police State that is chipping away at our Liberty a little at a time, conditioning us to live in a Totalitarian State.
============================
If would powerful to see a picket line along the side of the 94 freeway some weekend afternoon with flyers and signs informing people that they do not have to give consent for their cars to be searched or for their trunks to be opened and that the Checkpoints are an anathema to a free society.

next time I will follow this guys advice on the web link- check the link below:

http://www.liveleak.com/view?i=133_1210305250&p=1
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Comments (Hide Comments)
by Mike G
I think your reaction was overkill. Let them search your car - if you've got nothing to hide, what's the big deal? In order for the Border Patrol to catch the drug smugglers they have to pull over a certain number of innocent civilians.
by pipard
Mike,
That kind of thinking is just what Totalitarians want you to be conditioned to. I'm sure you would voluntarily let Bush's Brown-Shirts (Green-shirts in the case of the Border Patrol) search your house or look up your ass for "illegal aliens" or contraband -- All without Probable Cause or a Warrant?? You need to think this through to where it will all lead Mike.
If you let Government Scumbags get away with illegally searching your cars on the Freeways it is just a matter of time before all your Bill of Rights will be a distant memory and you will come home from work to find some cretin cop randomly digging around in your bedroom Dresser and when you challenge him on it he will tell you to piss off, and that you had your chance to defend your Civil Liberties in the past but you had passed on it, thinking, in your words, "What's the Big Deal".

chcck this link:
http://www.youtube.com/watch?v=msFEj-UBU9Q&feature=related
by Supporting the Bill of Rights


- A fascist regime is a political and economic system in which corporations and the wealthy elite are essentially the government. The person or
individuals at the top are puppets, completely beholding to the powerful interests they serve.

- Fascism places the state first. The country does not serve the citizen, the citizen serves the country.

- Fascism is noted for extreme nationalism, often taking patriotic displays to absurd levels --"freedom" fries, lapel flag pins, "Constitutional Amendments" against utilizing the flag for protest.


- Fascist regimes thrive and grow based on lack of government accountability.

- Fascist systems are hostile to liberalism, intellectuals, social justice movements, trade unions, and dissent. Such regimes erect these groups as "enemies" of the state by labeling them.
[Domestic terrorists, extremists, radicals, enemy combatants.] They proceed to target, attack and smear peaceful, benign groups and individuals accusing them of fabricated wrongs against society while vowing to protect the country from such evils.

-Fascists seek to rid the courts of "liberal" judges and eliminate as much of the peoples' right to redress governmental abuses as they possibly can.

- Fascism depends on lies and propaganda for public support. It sets about redefining public opinion by controlling and corrupting the media; and governmental institutions [particularly lawmakers/legislation] to suit its own goals.


HELP REPEAL THESE FASCIST LAWS:


PATRIOT ACT --the government can conduct searches and seizures WITHOUT showing a crime has been contemplated or committed. The federal government avoids
the probable cause requirement of the Fourth Amendment by merely alleging that part of the reason for the search and seizure is related to foreign intelligence gathering. However, there doesn’t have to be ANY suspicious activity.This is unlike the Fourth Amendment's searches and seizures, where the affidavits and resulting warrants must be specific to the information being sought and seized.

FISA -- A continuation of the Patriot Act. Unbridled surveillance of U.S. citizens. The government can retain information obtained in its searches WITHOUT notifying the target of the search. Under the Bill of Rights, the target of a search not only knows there
has been a search but has been officially served with a warrant for it, and can challenge the validity of the warrant and the underlying affidavits in court. No such judicial challenge is available under FISA. Unless there is a criminal prosecution under FISA, the target may never know that the government has been watching them, tapping their phones, following them to work, or
copying documents and records they thought were private.

REAL ID ACT -- turns U.S. drivers' licenses into national ID cards. Invades and strips privacy rights; refuses access to those without the ID card from planes, trains, national parks, court houses and other federal facilities. Extremely high probability that this law will be expanded to include many more limitations / restrictions of freedoms for those not carrying a REAL ID.

PROTECT AMERICA ACT -- allows for massive, untargeted surveillance and collection of international communications without court order or meaningful oversight by Congress. [ Surveillance includes international phone calls, emails, snail mail and library books.]

VIOLENT RADICALIZATION & HOMEGROWN TERRORISM PREVENTION ACT -- "Homegrown" terrorism is defined to include “intimidation” of the United States government or any segment of its population—including investigating groups advocating boycotts, general strikes, or other
forms of non-violent protest.

AETA -- Legitimate, peaceful expression, which economically damages or inhibits the business of an animal enterprise, can now be classified as terrorist activity. The Animal Enterprise Terrorism Act criminalizes the right to speak, assemble, protest ,blog or boycott against unethical corporate interests / individuals. [1st Amendment states: Congress shall
make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition
the government for a redress of grievances.]

CIVIL ASSET FORFEITURE -- government seizure of property or cash owned by individuals not charged with any crime. [4th Amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.]

MILITARY COMMISSIONS ACT -- allows for U.S.citizen concentration camp facilities. [600 to 800 + camps already completed and staffed under FEMA, which is now part of Homeland Security.]

UNDERSTAND THAT THESE "LAWS" ARE CURRENT!!
And this is only the TIP of the iceberg. If I were to list every law, executive order, and signing statement which infringes upon the rights of the individual and guts the Constitution in the U.S. today, this email would scroll on for an interminable length. Please DO YOUR HOMEWORK -- Investigate! Network! Organize! Protest! Then do whatever it takes to create a TRUE government of the people, by the people, and for the people!
by jamuler
You are a piece of work! You obviously do not know or understand federal law. And to top it off, you are racist!

Great, you're a white guy. Yeah for you, so am I. Guess who the smugglers are? An alien just over the fence would not have a car or even know where to go. Its the US citizens and legal residents that are the smugglers. Get off your liberal high horse and come back down to reality. You had heavy floor tile in your trunk and the agents likely believed that there may have been smuggled aliens or contraband in the trunk.
I am very concerned we're heading into a new standard of American living. I live in WA and they are going to be putting up the same kind of check points (3) in a number of places that are within 50 miles of each other (2 of those points are in the same county!). For me I would have to go through one every day to go to work (oddly reminiscent of old East Germany). Is there anything we can do legislatively to stop this madness. For disbelievers consider this... Now that the fed. has rescued the banks you now owe any outstanding money to the government instead of the bank. If you get behind on your bills who's gonna be knocking on your door? Where would they take you? What would they do with you? It begins with profiling, then the areas get a little more grey, see where I'm going? When is it time to do something?!
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