Constitutional rights shouldn’t be taken lightly

By Lynn Carey
Published Friday, April 3, 2009 10:28 AM MDT

It is obvious from his editorial (NI, Tuesday, March 31) that Manuel Coppola did not understand the point I was trying to make in my recent submission. So let me try again.

I wrote concerning the conduct of the Border Patrol agents. Nowhere in my letter was I critical of the border checkpoint. Nowhere in my letter did I address the "monster" of drug use in this country and its impact on Mexico. Coppola said his point was that we should "pick our battles." I have.

I love this country and I am not embarrassed to say so. It is the greatest nation on earth because it has laws that respect and guarantee the rights of ordinary citizens such as you and me. When those rights are ignored, denied or compromised by an agent of the government, in this case the Border Patrol, we lose what makes this country great. It does not matter what "monster" you may be trying to tame. Fighting terrorism, drug trafficing, or illegal immigration does not justify infringing on the rights of U.S. citizens. My assertion of this fact is not "righteous indignation." It is simply recognition of the Bill of Rights and the U.S. Constitution.

I have never been asked to provide proof of my citizenship at the checkpoint. Each time I have been questioned by Border Patrol agents, the questioning came after my citizenship had been acknowledged. This is a violation of my rights as a U.S. citizen. I am saddened that a man in Coppola’s position of influence and whose very livelihood depends on the First Amendment would have so little regard for this fact. And his apparent belief that the Border Patrol could have pulled me into secondary, strip-searched me and torn up my truck looking for contraband absent probable cause is truly scary. That's not the way government in this country is supposed to work.

As Justice William O. Douglas once wrote, "Those who already walk submissively will say there is no cause for alarm. But submissiveness is not our heritage �- The Constitution was designed to keep government off the backs of the people �- The aim was to allow men to be free and independent, and to assert their rights against government."

That is the battle I have chosen. I am disappointed that it is one Coppola doesn’t think worth fighting.

(Editor’s Note: Carey is a resident of Tumacacori.)

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Comments

You go Benny wrote on Apr 10, 2009 11:32 AM:

" Ok, so you're saying that my boyfriend is running dope cause he is working with the govermnent?? Of course you're not saying that! You compeletely misunderstood what I was saying! Let me clarify it for you, ok?? As an honorable government employee, with not a single citation of ANY kind, mind you, he will do the right thing and declare his citizenship as he has done in the past. (He used to work with homeland security!!!!) If they ask to search him, he may do just that because he has NOTHING TO HIDE. And if I were him, I'd flash my credentials too!!! He has worked hard for them and should be very proud of them. Gee, "home," you totally found the wrong person to find corruption in LOL!!! Let me send you his resume... it will leave you astounded! haa! Sometimes the border patrol tries to intimidate people. I know people, innocent hard working people who have gone through that. Here's one for you, they have detained good looking women just to get their kicks and a rise. How do I know this? I work with women who have husbands as border patrols. They tell them what goes down sometimes. haaa. you really made me chuckle with your comment. Oh, by the way, my bf has a bachelors, a master's and is just about done with his doctoral degree. Seriously?? Flash his credentials to move on through... come on!!! Flash his credentials to prove to the men with badges and a gun that a mexican can obtain higher education, and beyond... "

Home wrote on Apr 9, 2009 1:22 PM:

" You Go Benny,
So you are saying that your boyfriend thinks he can flash his credentials and get away with not stating his citizenship? There have been cases where the Government is running dope up to Tucson, and they used and abused their power to get past other agencies. "

You go Benny wrote on Apr 9, 2009 1:07 PM:

" I bet Benny has a higher security clearance than a lot of those border patrol agents. My boyfriend, who works in Sierra Vista, is hispanic and served in the military for 12 years. He is now a government employee and works on post in Ft. Huachuca. His clearance is Top Secret Atomal/Cosmic. If ever stopped by Border Patrol, I wonder what they'd say when learning of his clearance. I bet nothing and they'd just wave him on through. lol "

Benny wrote on Apr 8, 2009 12:44 PM:

" I completly understand and comprehend the check points as well as the point of having them. But i must admit, as a Hispanic in the united states it is sometimes not fun going through the Border Patrol checkpoints. Currently I am a Sr Systems Administrator for the military, I have a degrre, a Security clearance and a huge responsability. It is true you cannot read a book by its cover, but this does not at all in any way give the Border patrol or any other agency the right to do so. Since I have moved to Sierra Vista 3 years ago, I actually started keeping a log of every single time I have been pulled over by specifically the Border Patrol. I have over 30 loged events. i have been pulled over in a Nissan sentra, Altima, Malibu, and my previously owned Grand Marquis. The questions asked dont always start with "please state your citizenship". i have opening questions rangeing from "where are you coming from?" to "are you lost". In about 90% of these stops I am asked to open my trunk. I smile and I say "sir, I apologize but I NEVER consent to a search". This is when I am forced to exit my vehicle and sit on the curb without any real given reason for the initial stop. A few times i have been told "suspicious Vehicle". When I ask for the proper definition of this description I am told "no". A few times I have had to call my lawyer. My lawyer has told me to in the future, Roll up my windows, step out of the vehicle lock my doors and do as I am told. A few times these Agents say "the sog has flagged your vehicle and we must enter and search", I have asked these agents to "show" me the dogg behavior that constitutes a "flag" and I am told "please unlock your vehicle and then am told anywhere from "we can do this the easy way or the hard way" to "have a nice day sir please be on your way". I can be in work clothes or i can be in my non work close, the disrespect is always the same, some of these agents are on a serious power trip and it really must stop. The profileing needs to stop. The questions of where are you going and where did you come from need to stop. The questions regarding my activities for the day need to end. The questions that have nothing to do with my citizenship need to stop. I understand the reason to ask probing questions but I do not understand the probing questions when a reasonable answer cannot be given to me about why I am even being stopped to begin with. As an American with rights I will never consent to a search regardless of the situation or agency requesting it. I am not giving advise as to what you should do when you are pulled over but please at the very least research and know your rights as an American. "

Jon D wrote on Apr 7, 2009 8:46 AM:

" I am totally against ALL internal Border Patrol Check Points! I am of the belief that Border Patrol needs to do exactly what the AGENCY NAME says "PATROL THE BORDER" - hence the name of the agency "BORDER PATROL".

First and foremost - the check point is only a small part of a large "layered enforcement" effort by the U.S. Border Patrol who have very little to NO CONTROL of the border in Southern Az.
This IS a simple fact but one that Border Patrol will never admit.

I understand the need to increase our National security - but I solely believe that these check points violate our (US Citizens) Constitutional Rights. If my travels have taken me nowhere near the Mexican/American Border - why should I be stopped by a US Federal Officer and questioned about my citizenship? Why should I have to have proof of my citizenship is I am within my own country and have done absolutely nothing wrong? Where or what is the probable cause for delaying or detaining me at a check point? Is there a Federal Law that states that I have to have a US Passport or Birth Certificate with me 24 hours a day?

I just believe that Border Patrol needs to get back to doing what needs to be done -

Secure our Nations Border - AT THE BORDER, not 30 miles north! "

Arrogant wrote on Apr 4, 2009 7:57 AM:

" When our own President goes to Europe and calls us arrogant we can kiss our civil rights good bye. The government only wants to help themselves with our hard earn money. We, the taxpayers of America, are the bosses of all this folks and until we start taking this role seriously we are going to throw away our right. I two was taking my ill father to Tucson and had to wait 15 minutes to clear the check point and when my dad was stuttering his citizenship the BP asked him to speak clearly and told me not to speak for him. Yes my dad was a dark complected hispanic male but 100% US citizen. His wishes were for me to take him to the hospital and not send him in an ambulance, perhaps the law should read that you MUST take an ambulance if you are ill. "

not el scoops wrote on Apr 3, 2009 11:18 PM:

" I agree with the author. Mr. Coppola likes to use quotes and sayings to try to make his point so try this one on "ignorance truly is bliss" and you are always so happy. Advocacy for your readers and community is not your strength. I wish you become more informed and active in your attempt to be a "unbiased" journalist. But that may be too much to ask. "

retrohasen wrote on Apr 3, 2009 5:24 PM:

" I would like to know how many of the people who support the checkpoint on I-19 would continue to support it if every single time you were on your way to the doctor with a sick 2 year old you had to wait in line to be asked your citizenship, whether the car you are driving is yours, where you are going and who is in the car with you. How about if you had to answer these questions everytime you went to the grocery store, the gas station, the hardware store, the dry cleaners, the airport, the car repair facility, etc, etc etc. I do not live in Mexico. I live in Tubac, AZ USA and am proud to be here. Unfortunately, the good folks at Homeland Security do not have a very good map and have decided we are part of a foreign country and should be treated as such.
I have had some wondeful conversations with the high ranking Border Patrols officials from the Tucson sector and I always treat them with the same respect that I treat everyone else that is doing their job. I know they have a difficult job to do and if we could actually secure the border at the border, just think how much easier their jobs could be.
Thanks Ms. Carey for fighting for all of us who value being an american citizen. "

Mam wrote on Apr 3, 2009 3:46 PM:

" The American constitution says that we have the right to bear arms, that does not mean that you can carry them anywhere you please, as another reader put it, try demanding taking a gun with you on a commercial flight and see how violated you will feel then and I also doubt that you will make your destination that day. Border Patrol is not the enemy!! Quit being so righteous and just answer the simple questions that are asked of ALL of us. I am a U.S. citizen and I go by the checkpoint frequently and I have no problem answering their questions because I have nothing to hide. I have even been sent to the secondary revision and have no problem with the Border Patrol doing their job. I have also personally witnessed when someone was busted with drugs at the checkpoint, and they are not all Mexicans, so your citizenship, race, age
or residence does not guarantee that you are not capable of committing a crime. Unfortunately this is the world we live in today, so any help from law enforcement is greatly appreciated by me. "

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