This is an interview of Jess Torres, a former Arizona D.P.S. Highway Patrol Officer and former Scottsdale City Police Officer. This video helps explain more in depth what occurred when we were both stopped at the “border” inspection station just north of Tubac, Arizona.
Many viewers had questions about the stop and thoughts about what we should or should not have done. Some believed that it was error for us to proceed to the secondary stop area. Others believed that I should never have exited my vehicle. I had a lot of viewers wonder if Jess spoke to the Agents and that is why we were allowed to proceed on our way.
I am aware that there are other videos where people take a very aggressive stand and refuse to move to the secondary stop area or refuse to get out of their vehicles. I have had people comment that I complied too easily and that, in effect, I “lost” the encounter with border patrol. My video was not intended to display a “victory.” It is intended to show how to assert your Fifth Amendment Rights and that as citizens we do not have to comply with illegal orders. The law is never black and white. There is a lot of grey area when it comes to the scope of the stop and the time border patrol can keep you detained. These issues have not been fully litigated before our Supreme Court. However, I do not recommend that a citizen ever physically resist a command by law enforcement.
All I ask is that you please do some homework and not blindly accept that these “border” stops are a legitimate efforts to stop illegal migrants or that it works. I have been a prosecutor and defense attorney for 31 years and I have seen how law enforcement can abuse its authority if we let them, and do not speak out. I respect police officers, but we also deserve respect as citizens.
These border stops are an excuse to conduct drug interdiction. The Constitution provides that a person cannot be stopped unless an officer has a reasonable suspicion that a crime has been committed. These stops allow everyone to be stopped without any stated reason. But you still have the right to refuse to answer questions. Jess answers many questions about what is really going on at these “border” stops. Remember, we are not near an actual border.
For those of you who believe that these stops are working, I ask that you read the articles that I have attached below. Currently, as of April 2019, border patrol is busing migrants straight to Tucson, which is just north of this stop, and dropping migrants into the city. Which begs the question of why even bother to stop people and ask the ridiculous question, “Are you a citizen?” Is it so that border patrol can then give you a free bus ride into the city?
The ACLU has attempted to get statistics from the government on the effectiveness of these stops. The government refuses to provide any information. But I have attached a good article about this issue and what a federal magistrate thinks about the government’s position.
Border patrol agents have abused the rights of citizens and mistreated many people at these stops. I have attached an article about a minister who was severely beaten. He won his court case and the judge and jurors all applauded his brave decision to assert his rights. Our own former Governor, Raul Castro, was stopped, detained and mistreated.
After 31 years of courtroom litigation, I firmly believe that the government will strip away your rights if you fail to assert your Constitutional Rights. I am aware that it is much easier to just go along. But this is a dangerous precedent to set. I decided to assert my rights. Every American must make their own independent decision.
Officer Makes Up Laws To Enforce
I would imagine the police underestimated this guy because of the way he talks.
Agreed, if auditors are not willing to follow up with legal action then the encounter seems to be nothing more than indulging personal ego.
>> Like many, I demand that cops submit to the authority of The Rule of Law.
>> Beve Smith There is a chance he believed what he is saying. He is probably repeating something he heard or was told and did no further research.
How could/should have I handeled my most recent contact with a cop?
4 to 5 years ago I fell while riding my bicycle back from a MacDonalds. I clipped a curb and fell. A Warren, Michigan cop saw this and pulled up. In fairness, he first asked me if I was ok. I said “yes” not knowing until later that I had actually fractured a rib. It should have ended then but it did not. I was “asked” to get into his patrol car. I did so. Then I was asked to show my Michigan photo ID. I did so. The cop detained me for over half an hour before he finally let me go. I walked my bike back to my house as the pain had grown.
I did not seek treatment for my fractured rib and very glad that the cop did not call for an ambulance which I could not afford for such a minor injury. I had no objection to identifying myself and showing my photo ID. Yet this boy cop in his 20s lorded it over me at my age then of 61 or 62 in spite of my total compliance.
If I had remained silent that cop may have arrested me for suspicious behavior of remaining silent. Years later I saw a video of Philando Castile being shot for obeying a cop’s order to produce his driver’s license.
I used to think the percentage of bad cops were under 5. Now I believe it to be over 50. Petty bureaucrats with badges and guns are not petty. I cooperated fully. I have never owned more than a pellet gun when I was a kid. I did have to shoot a 45 during my 3-year voluntary stint in the Navy.
I don’t want to die for some frivolous cause. And the next time I come in contact with the police holding my hands straight up will not guarantee that some boy with a hero complex won’t shoot me just because he can. That cop never asked me to raise my hands up but if he had I wonder if the pain would have prevented me from hold up my left arm.
So what do I do next time? I live in a safe part of town. I fear the cops more than the criminals so far.
What can I do to prevent my life from being taken by some boy with a badge while not giving in to the intimidation?
Hey, does anyone remember the obligation for the general public to adhere to military regulations?
Yeah, me either.
I was in Hanoi, Vietnam, taking pictures of an army base, police station, Ho Chi Minh’s tomb, museums, etc. And had no problems at all until I went by the US embassy, when someone immediately came out and said I couldn’t photograph any part of the building. So much for Democratic rights trumping Communism
Detective Mitchell did a good job shutting up when he realized his partners didn’t know what the hell they were talking about. Good job protecting your goonies, pal.
A military regulation is enforceable on a Civilian? Since when?
slacker2310 they’re taught wrong. Unless you’re on their property
slacker2310 we can film anything we can see. You can’t trespass the eyes. If they don’t want it filmed. Build a wall around it. You do realize I can get a pic of any installation and entry points on the internet.
One of the things that frustrate me about auditors is that they never seem to articulate the change that needs to occur. They simply highlight what was wrong that happened and say things like “you just need to not do that” that’s not how it works. We need change. A prerequisite for change is a specifically defined policy or training program.
For example, these officers need to be specifically trained on the differences between regulation and statute, and need to be made aware that they cannot use things like “Congressional letters” to enforce a law that isn’t written in a piece of legislation.
If these officers knew that, they may not have detained this individual.
Police: Foot in the Door
Resident owner denies Arlington Police Officers entry into his home without a search warrant, Officers still went in.
You’re taught in the police academy that any entrance pass the threshold of the door is trespassing without a warrant so yes that is warrantless entry
>> I wonder if you noticed that he was arrested. So, before any lawsuit, he has to deal with his own charges.
>> @vad R charges that’ll be thrown out once the video reaches the authorities.
was wrong, he was not arrested – they verified that there was noone else in the home, and left. Here’s more complete video:@vad R there was no visible harm on the child when said child presented himself, there were no sounds of the child crying, the child was not seen to be crying, the child did not ask police for help and…. Oh yeah…. almost forgot about the PRESUMPTION OF INNOCENCE ABSENT PROBABLE CAUSE of which there was NONE. You better hope your neighbors don’t hear you drop a glass and it breaks one day or you may have an army of pigs show up at your door demanding entry. Better just COMPLY CITIZEN, right?Someone give me more information on what happened to this father, and his child. I believe this call was the cause of a bad woman. I believe there is more to what was really going on behind that domestic call. It was clear though that he was a good man, and a protecting father.Gwacamolle Lully: It’s always funny when people come up with this response, tax payer’s money. As soon as we the tax payers get fed up of footing the bill for police brutality and incompetence we will demand change. Until then, we will continue to pay for our lack of action. Police love using the word “right”. Officer: “We have a right to enter and check.” No sir, you are mistaken. You actually have a “duty” to check. He however, has the “right” to be secure in the home. As soon as he got his son, who’s statements will be seen as truthful and unbiased in court, to confirm the number of occupants and his well being. That should have been it. But the officers egos took over again.
Sadly, this man will lose any lawsuit based on “Exigent Circumstances” (defined below) as mentioned by the Sgt. when he arrived. This is a law that police use to screw your 4th amendment. Call your congressman and demand the law be abolished.
What Rights Do You Have To Stop Cops From Entering Your House – Warrants, Consent, Exigency
What Rights Do You Have To Stop Cops From Entering Your House – Warrants, Consent, Exigency
When can Cops enter your home? What cops use to enter your home. I discuss how Gov or Law Enforcement can gain entry to your home and under what circumstances they can enter your home without your consent or approval.
I have a video about why you should not talk to cops that I encourage all people to watch. Nothing good comes from talking or cooperating with the Gov. Once Gov is involved it can only down hill from there. Once Gov gets an inch of control they will always want more and you will end up playing catch up and wishing Gov was never invovled. Here is the link to that video:
http://www.thinklikeahorse.org/All_Ab…I have said many times when I was a cop – It is better if you don’t make a statement, don’t talk to me and remain silent. There is an attitude that if you remain silent or refuse to talk, then you must be guilty or have something to hide. In the current adversarial relationship between citizens and the Government, protecting yourself should be your primary concern.
Nothing you say can help you and can only be used against you. Police work for the Government and politicians, they have careers to protect, policy to follow, they make mistakes, they misremember things, some things are accidentally left out of reports, their memory is not perfect and many other factors can come into play and you may become collateral damage during an investigation. The old saying, Truth is what the cop puts in the police report, is true to many.
Any lawyer will tell you DO NOT talk to the cops or give any statements. Anything you say can be misunderstood, taken wrong, repeated wrong, remembered wrong, important parts can be forgotten, confused or intentionally withheld by the Government, especially if it hurts their case.
This video is a Lawyer that explains this very well. Invest 20 minutes and watch this video where this experienced Lawyer gives specific reasons on why you should not talk to the Police.
Comments
As a law abiding citizen I appreciate the information but the behavior you described of cops today is very concerning. What happened to protect and serve. You see more and more police departments looking more and more like military operatives and that is scary even as a law abiding citizen.
So you can do nothing wrong but be a victim of impatient cops attending a bogus call, not even get charged, and still receive a record? “Land of the free” The more I learn about our legal system the more I despise it, it’s despicable and constantly stacked against the citizens. A cop will give you a record just because he didn’t want to have to justify his unneeded use of force on paper. What the hell…
most everything you’ve said is why law enforcement has very low respect. I had a DA tell me Law Enforcement is not an honorable job anymore.
“There’s a difference between kicking a door and preventing you from closing the door” that right there tells you everything you need to know about cops.
An attorney named Dale Carson wrote a book called “Arrestproof Yourself”. In that book he stresses that when ever you deal with government and law enforcement to ‘Shut the hell up”. To never EVER start talking to them. That they are NOT your friends. That book should be required reading for every citizen of this country. The information contained would help to put the kabash on a lot of governmental and law enforcement abuse. Most police I know are pretty good people just doing a dirty job. But I have met a few who I am amazed ever passed a psych test.
I love this guy’s stories! Also, thanks for keeping it real with us citizen’s who ate struggling to not offend authorities to the point of incarceration due to wounded ego vs. Expecting privacy of self and property as guaranteed under the 4th amendment.Well since everyone is sharing, I guess I should too… I lived in Hamilton Ohio with my wife and first child. I was playing on my Xbox 360 and had been for about 2 and a half hrs and suddenly heard someone talking at my window,” are you sure? This guy is sitting here playing a video game.” I instantly tensed up not knowing what was about to happen. I then heard a knock at the door and got up to go answer it. I asked through the door who it was and they said HPD can you open the door so we can speak with you for a moment. So being only 19 at the time I was unaware of my rights regarding entry to my home, I opened the door to have a word and was instantly bulled back by a police officer and pushed on to my ottoman and told not to stand up while being held at gunpoint. 6 other police officers rushed in behind him in swat garb with assault rifles and started searching the house. I asked what was going on and the on who was standing over me with his pistol told me they received a call that a woman was being held hostage by a man with an assault rifles, then he asked me if I had any firearms and if there was anyone else in the house. I told him about my dad’s shotgun in the next room in a locked case and that my wife and daughter were upstairs sleeping. Two officers then went upstairs to wake up my wife and daughter to “make sure they were ok” then promptly left. If that isn’t messed up and illegal idk what is. Note: this was probably around 2-3 am>> Cops are not allowed lie about facts that develop their PC.>> @Ricky Mellottsr “either let us in now or we are going to come back with a warrant. if you make us get a warrant you are going to make us mad. when we return with that warrant we will search and destroy your property.” and they will destroy everything.
So the key is too keep them off the property and keep the door closed. Also by federal law cops cuffing and not arresting you is a battery. Don’t believe me, ask a lawyer. He is also just admitted HE IS A DIRTY COP by saying he books people that he knows haven’t committed a crime and seeing other do so because he and them don’t want to have to justify their use of force. He is exactly what’s wrong with the cops in the US.Thanks for your information and it’s pretty accurate as far as I can tell. You at least seem like a stand up guy and sincere on your points that are well taken. Nowadays the disconnect comes in when cops over-step their bounds then double down with petty retaliation tactics.THEN the citizens seem to have NO recourse when it’s plain that the cops were wrong and it’s even plain that the “revenge” tactic was done for obvious reasons. Plain and simple fact is ordinary citizens do not like being treated and talked to like they are ALREADY in prison. (Very unprofessional) All due respect to the job, but not to some of these bullies and thugs that we ALL know are out there. Thanks in advance for giving me this platform to air my personal opinion.The Fourth Amendment:
>> not true, cops lose their job very easy for misconduct and lying, but they have be caught red handed and with video that is getting easier.