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.