ArchivesWhen Patagonia resident Iris Cooper, 18, turned her car around two miles before a Border Patrol checkpoint because she had forgotten her schoolbooks, she knew there was a chance that agents might stop her. What she didn’t foresee was being allegedly forced from her vehicle and handcuffed for a half an hour while agents waited for a K-9 unit and then searched her car without consent.
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Cooper said that before she knew it, an agent had pulled her from the vehicle and handcuffed her. “When I asked the agent why I needed to be in handcuffs he said, ‘It is part of procedure.’”
Cooper said she waited in cuffs for 15 minutes while a K-9 unit was brought to the scene in order to search her vehicle even though she had not given agents permission to do so. “The K-9 unit went through my car, and there was nothing,” she added.
Agent David Jimarez, a spokesperson for the Border Patrol, said agents more than likely thought they had pulled over a smuggler and that Cooper was cuffed for both their safety as well as her safety. He said that often smugglers will try to run away if they think their vehicle is going to be searched. “The handcuffing doesn’t necessarily mean that she is being placed under arrest,” said Jimarez, referring to Cooper.
However, Dan Pochado, legal director for the American Civil Liberties Union (ACLU) of Arizona told the Weekly Bulletin/Nogales International that 99.9 percent of the time such an act would indeed be considered an arrest.
“When you are handcuffed that is effectively an arrest because you are unable to leave voluntarily,” Pochado said. “From the information given, it appears that the level of force here would arise to an unreasonable seizure and a violation, therefore, of the Fourth Amendment of the U.S. Constitution.”
Pochado said that Fourth Amendment rights protect citizens from unreasonable searches and seizures no matter where they are. He said that while it appears the vehicle had enough suspicion to warrant an investigative stop, agents did not have probable cause for an arrest.
“I hope that the agents explained themselves as to why they did what they did,” said Jimarez. He added that an apology is usually in order under such circumstances.
Cooper said agents did not apologize, but did tell her to, “Have a nice day.”
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jmcr453 wrote on Dec 9, 2009 11:31 AM:
ramrod wrote on Dec 3, 2009 8:37 AM:
kelly96 wrote on Dec 2, 2009 4:20 PM:
Weedly wrote on Nov 27, 2009 9:33 PM:
It is interesting, but by your comments I feel 100% that one could identify who is a B/P, who is a Liberal and who is a conservative.
But, being all that, We have a "Constitution and Bill of Rights." That is our law!!! There is a reason for the 4th Amendment about freedom from unwarranted searce and sezure. The article in the Newspaper was exactly the reason for the law!"
Our forefathers had just completed approaximatly 150 years living in an environment where military personnel search an person freely without warrant.
No one has changed that document. It still stands. The Border Patrol agent broke the law base on B/S. Nobody was arrested But, the young lady was treated as a person quilty of a crime. Her crime was forgetting her backpack and home, and needing to turn around to go home and get it. There is no excuse that I can tthink of for justifying the actions committed by the Agent. At that moment, they were no different than the British Military. Above and beyond the law, agents of the king.
Now Gentlemen; why wasn't that agent arrested? Why is he not disciplined? Armed Military units are by law, not allowed walk around our country at random. That is why there is a "Border Patrol! The can protect our border. And have no need to bother Citizens. The Border is not North of Tubac.
The "Bill of Rights" was created by the individual States and required by them to be voted on and approved by Congress before they would sign the Constitution.
If it doesn't mean anything, the we are no longer a Democracy. "
igorchihuahua wrote on Nov 26, 2009 11:26 AM:
Rollin T wrote on Nov 23, 2009 7:06 AM:
Heartshine wrote on Nov 22, 2009 10:49 PM:
Jon D wrote on Nov 22, 2009 9:34 PM:
There was absolutely no need to handcuff this person. Again, this is something OBP does all the time without justifying a need.
The GAO Report released a few months ago supported the fact that the Border Patrol checkpoints are not effective and the Border Patrol claims of success and their stats are questionable at best. Border Patrol could not support any of their facts!
Once again - everyone of us is to blame for allowing them to have this type of uncontrolled power.
Keep in mind that those check points are for catching aliens. OBP has no business, nor no need to know where you are going or the purpose of your travels. They can not ask you for a passport, They have no need to know if you have been (or not been to Mexico). Passport requirements are ONLY for Ports of Entry - of which NONE of these check points are. "
applet wrote on Nov 22, 2009 5:29 PM:
In my opinion wrote on Nov 22, 2009 1:25 AM:
Gee weez, all of a sudden people remember their history to their convenience, and to top it off, it is mentioned in the newspaper as if it is going to benefit the person affected by the BP officer's action. The only thing that may happen by mentioning the 4th amendment, is to give criminals more power in getting away with their crime.
Yes, the border patrol risk their lives everyday, while on or off shift. But certain situations need more common sense. Can't detain anyone just because a K-9 is not present at the time of the stop. AND Yes, Cooper has a strong motive and cause to feel disappointed and/or angry for the BP officer that detained her.
As for Cooper, good luck with your case, I really hope you may find it in your heart to forgive the BP agent for the mistake, and may not live with grudge against this extreme action for the rest of your life. As for the Border patrol, mistakes are difficult to forgive, but I personally appreciate your effort and dedication, but in this case with Cooper, it may have gone to far or overboard. "
retired wrote on Nov 21, 2009 11:10 AM:
Looks like some of the Men with Mirrored Sunglasses-Tight Fiting Shirts to make their arms look bigger and Moustaches are Untrained
Say it ain't so Rob Daniels! "
pointblank wrote on Nov 20, 2009 11:45 AM:
Semper Fi! "
Heartshine wrote on Nov 20, 2009 10:42 AM: