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Checkpoint USA In Court This Afternoon in Tucson

Written by Subject: Homeland Security
This is a quick update regarding the December 20, 2008 U.S. Border Patrol/tribal police encounter previously discussed here and here.

To recap, tribal police Officer Robert Carrasco, Badge #166, with the Tohono O'odham Police Department worked closely with U.S. Border Patrol Agents to maliciously cite me for impeding traffic while I was being seized by armed federal agents in front of two stop signs at a Homeland Security checkpoint located off the reservation along SR-86 in Southern Arizona.
 
In my last update, I indicated I submitted a motion for pre-hearing discovery. That motion has been denied by the court on the basis that I didn't submit a copy to the citing officer. This despite the fact I called the court prior to submitting the motion requesting to know whether or not I needed to provide a copy to the officer. I was told no I didn't need to and took the court at its word only to be denied access to documentation that would have assisted with my defense.
 
Additionally, the three Notice's To Appear I've received from the court include my name and contact information but don't include the name and contact information of the citing officer. This of course makes it difficult  to know where to send legal documentation regarding the case (or any other for that matter). In fact, if I hadn't made it a point to demand and record the name of the officer who stopped me (he initially refused to identify himself), I wouldn't know who he was other than a badge number.
 
Why the name and contact information of the citing officer isn't made available in the same way a defendant's information is remains unclear but my educated guess indicates it has something to do with HB 2380 and the underlying statute ARS 13-2401. These provide for special privileges and immunities to certain individuals in society at the expense of everyone else.
 
I'll be in Pima County Justice Court located in downtown Tucson Friday afternoon, April 10, 2009, at 1:30 pm defending myself against the civil charge of impeding traffic. An update regarding the hearing's outcome will be posted as time permits.

3 Comments in Response to

Comment by Anonymous
Entered on:

 Terry

Maybe it is time to get the sheriff of Pima county involved to exercise his lawful constitutional authority and run the border patrol out of Pima county.

Comment by Anonymous
Entered on:

This is very important.  While in the courtroom, you must ask the judge, agents, officers and lawyers if they have an oath.  If so, ask if that oath is in the courtroom.  They will not have it so you should have a copy of the oaths, the clerk should be able to provide a certified copy of the oaths.  Before you do anything else, have these oaths entered into the record of the court/case. If you do not do this you are operating under Admiralty court, not a Constitutional court.

Comment by Jon Gettel
Entered on:
Terry- Keep up the good fight. This police state is out of control and these warrantless checkpoints must stop.

I was on I-8 to San Diego on Thursday and they had cars back up for miles, when I got to the agent they were slowly waiving people through. This is outrageous!

On the way back they had a dog sniffing the cars in high winds but still waiving everyone through and impeding traffic.

In the meantime we saw numerous BP vehicles parked on the side of the road, in the median and in the desert. They should be doing good police work and not relying on police state tactics.

Terry, all of us in Arizona are routing for you! Keep up the good fight and never surrender!


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