Stripped, cavity searched and billed, lawsuit says

El Paso Times via Saratogian Nation-Times ^ | 12/19/13 | Aaron Bracamontes

[TigersEye]

The term 'border patrol agent' was only used once in the article and it was not a quote attributed to the NM woman. The author very clearly identified which agency was involved and used the term 'CBP officers' several times after that.

two unknown supervising U.S. Customs and Border Protection officers and two other CBP officers ... A spokesman for U.S. Customs and Border Protection ... “As a practice [Customers and Border Protection] ... the statement said. “CBP stresses ... the overwhelming majority of CBP employees and officers ... As her passport was swiped, a CBP officer told her ... [Customers and Border Protection] would pay for the exams, ... the medical center staff and [Customs and Border Protection] agents ... when an individual is brought in by CBP agents.” ...

That should have made it clear to almost anyone who can read at all.

[Hulka]

“it was not a quote attributed to the NM woman”

From the article: “The Lovington, N.M., woman said border patrol agents subjected her. . .”

Have a nice day.

[TigersEye]

That’s not a quote that is the author using his own language.

[CedarDave]

The lawsuit states she 54 years old and a US citizen from Lovington, NM where she resides with her husband. Many people I’m acquainted with have relatives in both El Paso and Juarez. They are Hispanics and visit El Paso frequently. Some with relatives on the other side of the border do not see each other because of fear of the drug cartels and random violence over there. Those that do now have another reason to be afraid.

As for the passport, US citizens now need one to travel to both Mexico and Canada. I used mine just three weeks ago for a short trip to Montreal. I didn’t bring back any drugs, illegal or otherwise.

[driftdiver]

Well then perhaps they should make illegal strip searches if they want respect

[CedarDave]

Same woman, same hospital.

BTW, if FR readers would click on the link in the original newspaper story, they would see the lawsuit filed in Federal court and get complete details on the incident.

[CedarDave]

Missed this article as it was first listed under TX topics. A highly disturbing tale of abuse by federal agents. KOB4 had a story earlier this week, but one not so detailed. To read the ACLU lawsuit, use the link in the original Saratogian story. Also, be aware that poster BCW was a late night troll and do not respond to his posts (I did before I read where he had been outed).

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[leapfrog0202]

Thanks for the ping and the warning about the poster. Had I not known, I’d have felt the need to respond too!

Merry Christmas Dave!

[oldbrowser]

but I have NO sympathy for illegals either bringing drugs into the US or those that are used as decoys

This will all be decided in a court of law. I don't think the crooks are that clever to send a decoy through the line with drug odor on their clothes but no actual drugs to trip the dogs and trick the CBP into a bad inspection.

More likely would be the woman was in Mexico and did some dope over there and then came back with the odor on her.
Or maybe the dog was not trained very well and gave off a false signal.

[OneWingedShark]

[…]prior LE experience and court involvement demonstrates that there are exigent circumstances may make a warrantless search constitutional if probable cause can be shown.

For reference, the Fourth Amendment says this:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

There are several things to note: (1) unreasonable search and seizure are forbidden w/o qualification, so (2) the warrants that issue should be only for a reasonable search/seizure, which must (3) be supported by oath/affirmation [meaning that lying to obtain a warrant could be considered perjury] and (4) should be limited to specifics.

So, no there are no "exigent circumstances" which invalidate the fourth amendment, unless you are willing to abandon the Constitutional restrictions altogether.

[fieldmarshaldj]

She’s 54, not 24.

[who knows what evil?]

She was subjected to this humiliating search because a f****** DOG took a shine to her?

Unbelievable. Dog probably smelled cat hair on her clothing or some such...

[null and void]

ping

[null and void]

Might be good to keep a few attorney contacts in my wallet or phone. Sue them heavy enough, publicize the supervisors connected to the case, and that will be their training update.

I have my attorney's number memorized.

"Saying my attorney's name is David J______, his phone number is (818) XXX-XXYY, I suggest you think about the fact I have his number memorized." brings a very quick end to many an awkward conversation...

[lee martell]

I have stayed out of serious trouble for my whole life, never been arrested, never been caught at anything questionable, but apparently in today’s America, no one, NO ONE is beyond suspicion. At very least, I need to get info on pro-bono lawyers. I’m speaking as someone who has lived check to check fir decades.

[null and void]

I have about a half dozen or so parking tickets and two minor moving violations...

[sean327]

So, what your telling us is that you would fine with being searched in this manner? You would allow these clowns to do this to you without a warrant? Like the old saying goes,”You can fix ugly, but you can’t fix stupid”.

[sean327]

You need a passport to re-enter the US from Mexico now. Been that way for at least 6 years now.

[FBD]

Thanks cedar Dave, l thought so.