It appears that illegal multi-jurisdictional dragnet roadblocks are no longer just a phenomena
of Southwest Arizona. These intrusive suspicionless enforcement
operations continue to proliferate in communities across America at an
alarming rate. Worse yet, many are being paid for in full by so-called
'Homeland Security' grants designed more to commandeer local law
enforcement for federal purposes than safeguard local communities.
Take for instance
this
multi-jurisdictional roadblock that took place in Washington County,
Maine on May 14, 2007. According to the article, there were no less
than six enforcement agencies involved from local, state and federal jurisdictions - including three K-9 units. The
agencies represented included:
- The Washington County Sheriff Department
- U.S. Customs
- The Rockport Police Department
- The Maine State Police
- The Maine Drug Enforcement Agency
- U.S. Border Patrol
In
a tortured interpretation of court rulings regarding suspicionless
checkpoints, County Sheriff Don Smith claimed the roadblock in question
was perfectly legal based on the following rational:
"There's
a difference between a checkpoint and a roadblock", Sheriff Donnie
Smith said Monday. "We have the legal right to check vehicles. We go to
secondary check if for some reason they stand out, that's legal", Smith
said.
What Sheriff Smith fails to mention is that
the Supreme Court has only created 4th amendment loopholes for
suspicionless sobriety and immigration checkpoints. The court has never
authorized suspicionless checkpoints for the purpose of general crime
control and have in fact struck down roadblocks that included drug
interdiction as part of the operation.
So what kind of roadblock did we have in this case? Sheriff Smith was only too happy to tell us:
"What
we are doing, we're just doing an overall check. We're looking for
anything suspicious from illegal aliens, drug trafficking and safety
checks."
The above quote coupled with the fact
that the roadblock was paid for in full from an $80,000 federal
'homeland security' grant makes it clear this checkpoint was in fact
illegal - even by U.S. Supreme Court standards:
Indianapolis v. Edmund:
Because the checkpoint program's primary purpose is indistinguishable
from the general interest in crime control, the checkpoints violate the
Fourth Amendment.
The only real question to consider is
whether or not the good people of Washington County, Maine will
continue to allow their elected county sheriff to violate the law and
abridge the right of the people to be free from unreasonable searches
and seizures. Or will they hold Sheriff Smith and his band of highway
men accountable for their illegal transgressions.