Pubdate: Sun, 21 Nov 2004 Source: Ogdensburg Journal/Advance News (NY) Copyright: 2004 Johnson Newspaper Corp. Contact: : P.O. box 409 Ogdensburg NY 13669 Website: http://www.ogd.com/ Details: http://www.mapinc.org/media/689 Author: Lee Monnet Note: Does not accept LTEs via feedback form. All LTEs must be mailed Referenced: http://www.mapinc.org/drugnews/v04.n1619.a09.html Bookmark: http://www.mapinc.org/topics/border+patrol CHECK POINTS To The Editor: Chief Border Patrol Agent Stanley V. Spencers' letter to the editor certainly was a detailed description of the border patrols mission in NNY. In light of the continuous checkpoints we endure in the course of our daily lives in St. Lawrence County his carte blanche approach to enforcing laws is no surprise. Mr. Spencer's statement that agents can conduct warrantless searches on vehicles within 100 air miles of the border is somewhat contrary to the information that I have reviewed on the matter. In November 2002, St. Lawrence County Court Judge Eugene Nicandri dismissed marijuana possession charges against two Syracuse men after a brief suppression hearing. According to the 11/24/02 Watertown Daily Times article. "Judge Drops Marijuana Charges, says Agent had no Cause to Search Car." Judge Nicandri ruled that Border Patrol Agent Gonzales had no reason to stop or search the blue Cadillac that contained the drug, and he coerced the occupants into opening the trunk. The reason Agent Gonzales gave for stopping the vehicle was the occupants "failed to make eye contact." Further information revealed that agents at checkpoints do not need probable cause or a traffic violation to stop and question drivers. Federal law say drivers are obligated to answer questions about citizenship. However, agents are not allowed to search cars without the permission of the driver or without probable cause. The bark of a drug dog is reason for probable cause. On 08/28/03 border patrol agents took warrantless search to another new level when they raided a Jefferson County home looking for marijuana. Jefferson County Court Judge Kim Martusewics dismissed the charges and blasted the agents for violating the 4th Amendment, repeatedly referring to "the occupation" by federal agents of the family home. Agent Spencer cites terrorism as the primary reason for checkpoints and drug interdiction as a secondary motive but, if anyone frequently reads the local newspapers it becomes clear that marijuana is the primary focus. From my perspective, the Government is playing on the publics' fear of terrorism in an attempt to convince citizens to obediently submit to the intrusive nature of the checkpoints. The most important issue Mr. Spencer never addressed is safety at checkpoints. Four people died in a fiery crash September 20, on I-87 when a tractor trailer struck three vehicles waiting at a border patrol checkpoint and on February 22, three people were critically injured when a charter bus ran into a line of cars at another I-87 checkpoint. We have the right to safety and, our lives should not be put in jeopardy on some obscure section of highway waiting for a federal agent to ask our travel plans. In closing, I would like to say that it is not my intensions to question the integrity of Agent Spencer or any other law enforcement officers. My contention is the United States of America is a constitutional republic and our unalienable rights are not granted from men or Governments and it becomes very distressing to watch the incremental destruction of our civil liberties by the government. Lee Monnet - --- MAP posted-by: Larry Seguin