On 6-1-11 me and a friend, Logan, were coming back from fishing at Patagonia Lake, in the City of Patagonia (I believe). Logan is a friend of my sons; he wanted to ride back with me in my convertible. When leaving we topped a hill and encountered the same Border Patrol checkpoint and officers that waved us thru on the way to the lake, except this time they were at the road “before” the checkpoint so they were at both sides of my car when we stopped. The k-9 started barking so they asked us to pull up to the check point area and park – we did. We were then told to exit the vehicle, we were placed in handcuffs, then asked if there’s anything in the car that would make his dog bark? He said, “if you don’t tell me I’m going to let my dog tear up your nice BMW”, I said yes, a couple joints of marijuana in a marijuana prescription bottle in my glove box and I informed him I had been approved for a medical Marijuana card and am just waiting for it to come in the mail (which is it did a few days later).

I answered his question but did not give him permission to search my car, though he did anyways. When they retrieved the marijuana I told them about, they still continued to search the rest of my vehicle without asking. They went thru my interior, hood, gas cap, trunk, fishing tackle, fishing bait, and snack and drink bag. The Border Patrol officer with the K-9 then asked if I had anything else he should know about, I said yes, there is a loaded, legal, firearm mounted under my dash and my Concealed Carry Permit (CCW, which I do not even need because anyone without a felony can carry a concealed firearm in Arizona, but I like to be legal) is in my wallet in the middle of the console.

He then got all happy and said “now we got ya for being smugglers at an international border with drugs and firearms”. Logan then informed him the marijuana was his. They said “then we’ll charge you both as co-conspirators to drugs and weapons smuggling at an international border”. Though I had no idea he had marijuana and he had no idea I had a firearm. I again informed him we both have been approved to use medical marijuana and I have a permit for the firearm. He informed me that it doesn’t matter because they are “Feds” and do not have to abide by state laws. I informed him I want my firearm returned and he laughed and said “you can fill out the paperwork just like everyone else but you’ll never get it back, it’ll be in some officer’s collection”. Then Logan was searched then handcuffed, I had the same done after him and was then placed inside the same car with him. The K-9 officer said if I trust him he can pull my car up and leave on the side of the road or he can impound it, so I let him pull it over.

On the way to Border Patrol department we were read our rights by a rookie that barely knew them. Once at the Border Patrol office we were searched again, our belts and shoe strings were taken and we were placed in a fenced in area behind the Border Patrol office. After a few minutes I informed them that “I have medication I need in my car for O.C.D. and anxiety that I will surely need if locked in a box. I also have hypoglycemia and need an Orange Juice or something to snack on so I don’t pass out”. My request were totally ignored.

Then we were taken inside where we were placed in a holding cell with a toilet and an almost empty Igloo water jug. They said they would fill it up but never did. For five hours we listened to them argue about what they could charge us with, they were unsure if they even could charge us with anything at all because we had medical marijuana cards, CCW firearm license, and even our fishing license! We were told if Patagonia Marshall doesn’t want the case they would take us back to my car on the side of the road where they left it.  Sic hours into this ordeal they still had no idea if or with what they could charge us for, to top it off a Superior Border Patrol officer came and questioned the other Border Patrol officers that brought us in because they left the rookie at the checkpoint by himself. Then the Patagonia Marshall showed up and we were individually taken into an office by Border Patrol and sat down at a desk in front of this Marshall and read our rights again and were arrested again by the Patagonia Marshall in the Border Patrol station. This Marshall then proceeded to tell us about how he’s going to take my beautiful BMW convertible and he’ll be driving it as his personal car within a month and if we don’t believe him we need to look at his new Marshall’s truck he’s driving that he confiscated from a drug dealer.

It was constant threats of what they’re going to do with my car and how seriously busted we are from both Patagonia Marshall and Border Patrol threatening to let their dog rip my car up for the hell of it. I asked about getting my legal firearm back and informed I have a CCW permit and he also told me I’ll never see that firearm again, just forget about it. After being arrested by Border Patrol then Patagonia Police, they put us back in the cell for an hour more or so. Only one Border Patrol officer treated us human, his name was J. Makem or Makin or close to that, he finally brought us a small box of juice and some crackers. I informed him at that moment, I need my meds and some food for my health problems, and was again ignored. I asked another guard when we get a phone call, he replied, “you don’t”.

Then they came in and said they’re going to drop us off at our car. We then asked for an arrest report, ticket, information or paperwork that says we were here and arrested by both departments and a receipt for my personal property you took from me, my firearm.  They replied “We have nothing to give you, watch your mail”. We asked “have we been arrested, because if so we want paperwork saying so”, they replied we don’t know, it depends on the D.A., just watch your mail. I asked about a receipt for my firearm and was told “you’ll never see it again so don’t worry about it”. I’m worried! Where will that gun end up? It’s in my name. They pretty much stole my gun from me! Then we were driven back to our cars and released.

As soon as I started my car the “filler cap is open” light came on, we stopped and put gas cap on, light went off, got about 20 more feet, check engine light came on, and stayed on. Had to take it to a few shops, buy a $40 replacement cap that’s not BMW and pay $120 to have dash warning light turned off all because they left my gas cap off my car all day and the seals dried out. I can’t believe this happen to us in our own country. I always follow the laws when I come to someone’s city. I had my fishing license, my gun permit, and a medical marijuana prescription, and my marijuana was in a prescription bottle from a dispensary in California (the state of Arizona charged everyone $300 for their medicine card then blocked the medicine dispensaries from opening, wow what a money maker for them huh). I came as a tourist to their town, legally, with permits for everything they are accusing me of. I need direction, who do I go to for help? I have no paperwork or officers name because they didn’t give them to us or make them visible. What should we do? I feel I was more-less robbed, I was bound, my property was taken without consent or a receipt, and then I was cut loose. With no information or proof that it happen or that my property was stolen from me. If I don’t get a receipt soon I’m going to report it stolen by the Border Patrol to see were that will take me, I don’t know what else to do. They bound us, refused to give us water, my anxiety medication, a phone call, or food, took our legal meds and legal firearm and then dropped us off on the side of a road.

That’s robbery! I would like to at the very least get a receipt for my property that was taken and an arrest or contact report with the names of these officers so I can go get some legal help. We have no idea what we’ve been charged with or for or whom we were charged by. Please help or direct us in the right direction.
- William Stone Jr

This post was submitted using CopBlock.org’s submission tab. Forget the Justice System, share all police related content here, win in the court of public opinion while inspiring others to come forward as well.

Join the forum discussion on this post

Abducted, caged, and robbed by U.S. Border Patrol is a post from Cop Block - Badges Don't Grant Extra Rights

On 07/02/11 I crossed from Nogales, Mexico into Nogales, AZ and when I did I, as usual, I refused to answer questions unrelated to a legally required customs and citizenship declaration. The result was my being manhandled into the back room, yelled at, threatened, arrested, handcuffed, and placed in a cell. I remained in the cell for approximately forty-five minutes until a ICE Special Agent arrived and told the legally inept CBP officers that I hadn’t actually broken any laws. I wrote in detail about my arrest here.

Since my arrest I have retained the services of Attorney Keith Knowlton, a civil rights attorney in Arizona, who is pursuing a Bivens action against the Department of Homeland Security for my unlawful arrest.  He requested a copy of video from the Nogales Point-of-Entry as well as my arrest report.  Stunningly, they could not locate the video or an official arrest report… but they did locate the “inspection report.”

You’ll note that I was accused of murdering a federal officer (18 USC 1114) and “forcibly … impeding” a federal officer (18 USC 111) .  According to the report I was let go with a verbal warning.   Not bad I’d say for a homicide.

The very next day following my arrest I filed an official complaint with DHS/ICE/CBP’s Professional Standards Division regarding my illegal arrest and the unprofessional conduct exhibited by the officers.  I had an over-the-phone interview on 07/03/11 and was told that an investigation was started and that I would hear back within a month.

After hearing only crickets coming from the direction of the Department of Homeland Security for approximately four months, I filed a complaint with New Hampshire United States Senator Jeanne Shaheen’s office regarding their apparent unwillingness to investigate misconduct on the part of their own employees.  I also filed a complaint with the Arizona FBI office for a violation of the criminal civil rights law, 18 USC 242.  (The FBI has subsequently reported that they are not interested in investigating this further.)

I received a phone call from Senator Shaheen’s office today and was informed that ICE/CBP’s official position is that I was never arrested.  This clearly is because of the misleading, inaccurate, and lying report filed by the federal officer who arrested me.  I informed Senator Shaheen’s staffer that the CBP Officer lied on his report by omitting the fact that he both told me “you’re under arrest” and handcuffed me, prior to putting me in a cell.  The staffer, a very nice woman named Letizia Ortiz, told me that CBP reported me as being repeatedly uncooperative when I cross the border and that it is their position that I was never arrested on 07/02/11.  Their position that I was never arrested is based on the report filed by CBP Officer Aldrich.

If that is where they get their official position from, wouldn’t it also be their position that I murdered a federal officer?

Complete lies.

Be careful when dealing with the government.

 

 

FACT: Police Will Violate Your Rights and Lie/Omit to Cover It Up is a post from Cop Block - Badges Don't Grant Extra Rights

Larken Rose, author of “The Most Dangerous Superstition,” wrote an essay for CopBlock.org titled, “When Should You Shoot A Cop.” The essay is a philosophical discussion about rights and the length one can take to defend those rights. From Larken’s post:

“To be blunt, if you have the right to do “A,” it means that if someone tries to STOP you from doing “A”–even if he has a badge and a politician’s scribble (“law”) on his side–you have the right to use whatever amount of force is necessary to resist that person. That’s what it means to have an unalienable right. If you have the unalienable right to speak your mind (a la the First Amendment), then you have the right to KILL “government” agents who try to shut you up. If you have the unalienable right to be armed, then you have the right to KILL ”government” agents who try to disarm you. If you have the right to not be subjected to unreasonable searches and seizures, then you have the right to KILL “government” agents who try to inflict those on you.” – Larken Rose, “When Should You Shoot A Cop”

Since being published at CopBlock.org, “When Should You Shoot A Cop” has stirred up a politico party in South Carolina, been published at Pro-Police websites (like my favorite - PoliceOne.com) and caught the eye of law enforcement – including IRS agents.  Recently, it drew the attention of the Arizona Counter-Terrorism Information Center (ACTIC), who found the essay at Occupy Phoenix (AZ).

I attempted to call ACTIC, for comment, shortly after learning of the leaked Officer Safety Document - I was  unable to make contact with anyone.  A week later I was considering using the story for CopBlock.org News and decided to try again. This time I was able to talk with two officers. The first hung up on me after I started asking questions about the lengths one can go to defend their rights. The second officer, who identified himself as “Officer”, had  a lengthy conversation with me.

Below are the edited and unedited videos of our conversation. Note how many times “Officer” interrupts me and how often he applies a double standard to police. Stating things like, “Of course a person has the right to decide what they put in their bodies.” But goes on to say that they, police officers, have the right to arrest folks for putting things in their bodies. The most shocking statement, IMO, was when “Officer” stated, “It’s unreasonable to use violence, when, a simple act is way more justified.” Talk about hypercritical. Today’s police are, and “Officer” even states it in the video, trained to use whatever force needed to affect an arrest. The police use violence when a simple act is ‘way more’ justified daily. Yet, it’s crazy for CopBlock.org to ask, “Are you able to defend your rights, even if that means using lethal force?”

Read the post(s), watch the video and let us know what you think. Does a person have the right to use force to protect their rights?

Edited Video:

Unedited Video:

Larken Responds to the public attention:

Related Links:

• When Should You Shoot A Cop – CopBlock.org
• Hello Arizona Counter-Terrorism Information Center – CopBlock.org
• Federal Agents Visit Larken Rose - CopBlock.org
• Arizona Counter-Terrorism Information Center Release
• Politico’s Attacked for ‘Liking’ CopBlock.org Post – CopBlock.org

Ademo Contacts Arizona Counter-Terrorism Information Center is a post from Cop Block - Badges Don't Grant Extra Rights

Last week a Tucson Cop Blocker was taking pictures of a courthouse when he was approached by a Federal security agent asking him to stop. He did a great job standing his ground stating he is on a public sidewalk and has every right to film and take photos of anything he pleases. Of course this angered the man with a badge so he called the local police.

While the officer did not have a problem with him filming he did have a problem with the photographer standing in one spot on the sidewalk while doing so. To abuse his authority and act like a ass he makes the Cop Blocker pace up and down the sidewalk to continue his photography or move across the street, further away from the structure he wanted to photo.

Cop Block Tucson was doing nothing more than taking pictures, he was not blocking the sidewalk, so why did they harass him other than he defied their authority. You often see protesters in Arizona in large groups holding signs, yelling and screaming on the sidewalk and police usually never bother them. Yet they are afraid peaceful man taking pictures and have nothing better to do than to confront him and become nasty if you don’t bow down to them.

Great job standing your ground!

.

Join the forum discussion on this post

Federal Agent and Cop Harass Cop Blocker Filming a Courthouse is a post from Cop Block - Badges Don't Grant Extra Rights

Freedom’s Phoenix has confirmed reports that Joe Arpaio, sheriff of Maricopa County, AZ, will be on scene for the “Chalk the Police” event taking place at the jail tomorrow. His department issues this news brief yesterday:

Joe Arpaio, Sheriff
News Brief

September 29th, 2011

Sheriff Arpaio to confront “Chalking the Police” Protestors

(Maricopa County) Sheriff’s intelligence indicates a planned protest in front of the
Fourth Avenue Jail on Saturday October 1st at 10:00am. Protestors will be
performing a “Chalk the Police” protest where they plan to write messages
regarding police abuse on the sidewalk.

Sheriff Arpaio will personally be on scene at Fourth Avenue Jail to confront the
activists and says, “Anyone breaking the law will be arrested and booked into jail”.

Sheriff Arpaio will also have his chain gang on site to clean up any damage caused
by the protestors.

I think Joe is hilarious. He credit his “intelligence” for finding a public Facebook event and press releases, then brags about how his chain gang will clean it up. The chain gang is not his personal army, to do as he says. That’s cruel and unusual punishment. It also goes to show Joe’s mindset, instead of asking those who chalk to clean it up, he forces other in a chain gang to do it. WOW.

Please call Joe, 602.876.1801, and tell him chalking is not a crime, I’m sure he has more important things to do (like harassing brown people).

Best of luck to our Phoenix friends. We look forward to the video and will be watching.

Sheriff Arpaio to confront “Chalk the Police” Protestor is a post from Cop Block - Badges Don't Grant Extra Rights

Below are links to the stories covered in this edition of the Police Accountability Report:

• Tiawanda Moore Acquitted (of Felony Wiretapping/Eavesdropping)
• Jose Guerena’s Family Sues Pima County Over SWAT Raid Killing

If you would like to submit a story or record a segment for the Police Accountability Report (on lack of accountability for police in your area) please email podcast[at]copblock[dot]org. We also welcome feedback.

You can also hear the podcast and other great liberty minded programs on LRN.FM.

Get your Cop Block Door Hangers Below!

 

Get people thinking! Use the new Cop Block door hanger to let the government bullies know that their services are NOT needed in your residence! Now the police can’t say that you consented to any searches, the presence of the door hanger makes it clear.

Each pack comes with 10 door hangers (11″ x 4.5″). Not only do you get to display your choice of messages on your front door, but you get to support the Podcast team and spread the Cop Block message.

To get your pack of 10 door hangers shipped to you, please use the Amazon donation button below. Amazon donations is a new(er) way of taking donations online. Amazon takes less money off the top of the donation letting more of your money make it into our hands so we can continue our work. The 9.99 donation will cover shipping to anywhere in the United States. If you live in Canada, you can use the “fill in the blank” donation form at the bottom of the page and send $14.50 to help offset the additional shipping fees incurred. If you live in another country, please contact us before donating.

 

If you would like to participate in the “Sponsor a Neighborhood” program, you can make a donation below. With the “Sponsor a Neighborhood” program, we will be sending out packs of 50 door hangers to activists on the ground in neighborhoods impacted by botched police raids that make national attention. With the door hangers and a bit of work, everyone in the neighborhood of a botched raid will be able to find their home town being covered by Cop Block! We can’t do this without your donations, help us spread the call for police accountability by funding this program.
$

Police Accountability Report – Episode 37 is a post from Cop Block - "Something must be done about vengeance, a badge, and a gun"

According to Fox News, Yukari Mihamae, a 61-year-old-woman from Longmont, Colorado, was arrested and charged with felony sexual abuse at Sky Harbor International Airport in Phoenix this past Thursday after grabbing a female TSA agent’s left breast.

Without condoning what Mihamae did, I can’t help but point out how hypocritical it is for the government to arrest air travelers for doing to TSA agents what TSA agents do to countless air travelers every day. If having strangers grabbing at your breasts and genitals is no big deal, as the TSA would have us believe, then what justification can there be for charging this woman with a felony?

Woman charged with felony after groping female TSA agent is a post from Cop Block - "Something must be done about vengeance, a badge, and a gun"

Recently, a whole lot of lead has been flying in the otherwise sleepy desert berg of Tucson, Arizona. A few days ago, a Pima County Sheriff’s Office SWAT team descended upon a former Marine’s house at 9 in the morning to serve a search warrant pursuant to a drug investigation. Within 7 seconds of their arrival, 72 shots were fired and the homeowner, Jose Guereña lay dying on his kitchen floor. Despite former Surgeon General and co-founder of the PCSO SWAT team Richard Carmona’s assurances the unit’s members included highly trained medics capable of first-rate battlefield medicine, and such “care is not [rendered] according to good guy or bad guy or suspect. Whoever needs the care, gets the care as quickly and safely as possible,” Guereña lay struggling for his life for well over an hour before medics were allowed in. Despite arriving within 2 minutes of his wife’s desperate 911 call, they were told to wait. And wait they did, until they were finally given a “code 900,” meaning the suspect was dead and their life-saving services were no longer needed. Guereña’s wife and child fled past him after the barrage of rifle fire was over and deputies rousted them from their hiding place in a bedroom closet. Vanessa Guereña begged officials to render aid to her husband the whole time, but to no avail.

The Pima County Sheriff’s Office has not released any details about the warrant, what they were looking for or what they got, besides a cryptic notice that they “found information pertinent to the investigation.” What is clear is that there was no arrest warrant, nor were any drugs, illegal guns or cash found at the residence of Jose Guereña. So far, the details have been very slow to come out. At first, Sheriff’s Deputies insisted that Guereña had fired his AR-15 rifle at them, forcing them to open fire, but now they admit that they fired first, and he died holding that gun with the safety still on. According to Michael O’Connor, as quoted by the Arizona Daily Star, “a deputy’s bullet struck the side of the doorway, causing chips of wood to fall on his shield, that prompted some members of the team to think the deputy had been shot.”

Some may be inclined to ask, “who cares if some drug dealer got killed pointing his rifle at the cops?” However, there is no evidence Mr. Guereña was a drug dealer, nor is it clear he had any idea that the armed men barging into his home were cops. That same spokes-bureaucrat, Mr. O’Connor insisted, “Tucson is notorious for home invasions and we didn’t want it to look like that,” ignoring the obvious fact that, aside from official government sanction and some chincy costume jewelry, that’s exactly what it was. Deputies say they clearly identified themselves, but witnesses, including Vanessa Guereña disagree. Jose had returned from the night shift at the Asarco mine only a few hours before the raid. His wife woke him up when she heard noises outside her window and saw a man with a gun. Jose told her to hide in the closet with their son, and he grabbed a rifle and went to the door to investigate.

Surely, his Marine training, honed by two tours of duty in Iraq and Afghanistan came into play, because he crouched in a ready position and awaited the invaders. Days later, the PCSO would say that he told them he had “something for them,” as they kicked his door in, as if such a statement incriminated him. Normally, everyone would agree that a man has every right to defend his home and family against armed aggression, even if he spouts pithy catchphrases in the face of certain death, but when members of the state’s high caste of official violence are involved, the slightest hint of resistance is deemed a criminal act, even if the victim has no idea why or by whom he’s being attacked.

Jose was just 26 years old, and he leaves an even younger widow. His 4-year-old son saw his father dying in his own home. If the PCSO has any damning evidence suggesting he was a real criminal, they’re certainly being tight lipped about it, but neither Jose nor Vanessa has any criminal record of any kind. Given the gravity of the situation, if Guereña was a real threat to society, I think it would have come out by now.

The bottom line is, SWAT teams were created for handling dangerous hostage situations, not serving routine search warrants. Even if Guereña was guilty of some kind of drug crime, summary execution is obviously not an appropriate punishment. Reasonable people must ask, in what universe is it appropriate to fire 72 rounds into a residence in order to subdue ONE MAN? Obviously, this highly militarized SWAT team was just itching for action, and furthermore, their dubious training of emptying magazines at the slightest provocation led to this terrible outcome. They were not reacting to a genuine hostile fire situation, but rather to the negligent discharge of one of their own men, a guy apparently amped up on adrenaline and woefully unaware of the basic “no booger hook on the bang switch” gun safety rule.

This brings me to the next case of negligent firearm discharge by police here in the Old Pueblo. Back in March, Tucson police confronted a man suspected of a carjacking and an armed convenience store robbery at the apartment complex where they had tracked him down. After a police officer took his accomplice, Roger Wells, into custody, the driver of the car, Nicholas Johnson, threw his vehicle into reverse in an effort to escape, and in the process, caught the officer up in the rear driver-side door, which was ajar. After the officer was dragged a few feet, he was able to roll free, and Johnson put the car in drive and tried to get away, but the cop was still in front of the car. This prompted all 7 of the police officers present, including the officer on the ground, to open fire on the car, despite there being an innocent female passenger inside. A total of 53 round were fired, but only 7 hit the suspect (including one shotgun blast), and a bullet grazed an innocent female passenger in the car. Fortunately, no one else was hurt, but Nicholas was killed on the spot, though not before being chewed on by a police dog for good measure. No one in the car ever fired a shot, or was found to be in possession of a firearm.

This “magazine dumping” policy of what amounts to summary execution (Guereña was hit over 60 times, the PCSO SWAT team being apparently better marksmen than their TPD colleagues) demonstrates a depraved indifference to human life and the property of others. Police officers have every right to defend themselves against aggression from real criminal suspects high on drugs, but trigger happy adrenaline junkies who shoot first, and keep on shooting until there’s nothing left in the magazine (then reload and do it again), are a danger to everyone, even each other. Even more so, now that the Supreme Court has ruled that police have every right to kick in your door, without obtaining a search warrant, if they “hear noises” they believe to be the result of the destruction of evidence. Worse yet, at least for the residents of Indiana, their Supreme Court’s two most recent decisions have essentially repudiated the Magna Carta and the 4th Amendment, officially codifying what we have long known to be true here at Cop Block – there exists no legal right to resist violent assault by the state’s armed enforcers, even when they are obviously in violation of the law (which is now technically not possible, since whatever they do is now presumed to be legitimate; they finally ARE the law). You must always submit, citizen. These godawful rulings were predicated on the assumption that modern courts provide defendants with a wide range of options for legal redress, and are the appropriate venue for adjudicating any dispute over the validity of an arrest, search or other police action. Yeah, right. Tell that to Jose Guereña. Oh, wait…

UPDATE: Fellow Southern Arizonan Ghost32 asks some very important questions about this shooting. (HT: Reason’s Hit & Run blog)

2 Tucson Police Shootings: Cops fire 120+ Rounds, Suspects fire 0 is a post from Cop Block - "Something must be done about vengeance, a badge, and a gun"

Not How You Boil a Frog. Daily Brickbats (2011-02-09):

The Pinal County, Arizona, sheriff's office fired Deputy Raul Alvarado for torturing a frog by Tasering it. The county's merit commission has ordered the department to rehire him.

The first sign of a sociopath is torturing animals.

As I write this, a week has passed since one Jared Lee Loughner attacked a “Congress On Your Corner” event hosted by Arizona District 8 Congressional Representative Gabrielle “Gabby” Giffords with a Glock 19 semi-automatic handgun, equipped with an extended 33 round magazine. Loughner critically injured Giffords, who was presumed to be his main target, [...]