Border Patrol Panicking?

Jun 8th, 2010 | By Michel Marizco | Category: General News, Immigration, Politics
Email  Facebook  Post to Twitter Twitter Post to Delicious Post to Delicious Post to StumbleUpon Stumble This Post Post to Yahoo Buzz Buzz This Post Post to Digg Digg This Post

THE BORDER REPORT

The U.S. Border Patrol will have some serious questions to answer to in the wake of three shootings since Saturday that has so far left one child dead along the U.S.’s southern border.

In the first instance, the Arizona Daily Star reports, agents working on the Tohono O’odham Indian Reservation in southern Arizona shot two men they claim were drug smugglers throwing rocks at the agents. These types of encounters are more common than one may realize and if the agents were telling the truth, well-deserved. You don’t brings rocks to a gunfight, after all. That of course, is assuming the agents were telling the truth.They’ve been known to lie on these matters in the past.

In the second case, agents opened fire into Mexico, killing a teenage boy.

News reports are confusing on this shooting incident.

A wire service report claims the boy was 14 years old and merely playing in Cd. Juárez under Puente Negro, when the agents opened fire.

LaPolaka, a credible news service who, judging from its story and crime scene photos, was actually present, claims the boy was 16 years old and had crossed into the U.S. then returned to Mexico when he and his companions spotted Border Patrol agents. At that point, according to LaPolaka, the agents opened fire. Witnesses told the reporter that the agents walked down to the area and retrieved spent shell casings after the shooting. The news website identified the victim as Sergio Adrian Hernandez.

Then there’s this El Paso Times story, where the agency claims an agent was attacked first, though they won’t specify the method of attack.They also reported that the victim was a man; a point that is clearly in dispute from Mexican press accounts and is a detail that the reporter should have worked to obtain since it was all over the Mexican news.

El Diario de Juárez, one of the city’s two dominant newspapers, doesn’t even mention the shooting on its front or local news pages.

Does anyone know what the hell happened to Norte de Júarez? It was a Reforma-owned newspaper, the second major daily and it appears to be shut down.

These three shootings follow an incident in San Diego, May 29, where Border Patrol agents beat and Tasered a 32-year-old Mexican man they said had grown combative while being deported back to Mexico. The New York Times reported that Anastacio Hernández-Rojas died at the scene and witnesses told Mexican news reporters they saw the agents punching and kicking the man.

There’s going to be encounters like these between federal agents and Mexican nationals, there always have been; but for incidences like these to occur in such a short gap of time is going to raise questions in Washington, D.C., about the hiring practices that went into effect four years ago to bring new agents onto the border. First, though, we’ll have to find out when these particular agents started working for the Patrol.

40 comments
Leave a comment »

  1. Thanks Michel

  2. Already made CNN headlines…
    FBI confirms Border Patrol agent in El Paso, Texas, shot someone in Mexico.

  3. …and the gringos are afraid that the violence could spill from Mexico to the u.s, that’s ironic.

  4. @ Michel

    The Norte de Juarez is still there but hardly sells to be honest with you from what ive seen, the biggest LITTLE paper that sells in Juarez is the PM and that one is a very good paper, details and everything in that paper, i cant read the Diario de Juarez anymore cuz some of the stuff the PM reports is left out, and then there is a paper that is given for free in certain neighborhoods dropped at the front steps or porches, and that paper recounts what went on thru the week that paper is usually delivered on Saturday’s or Sunday’s.

    estas wey Reply:

    estas pendejo wey. No sabes de que hablas.

    drift Reply:

    entonces dime guey….. tienes que ser reportero para el Diario o El Paso Times y nomas reportan lo que quieren baboso, si me la paso yo en El Paso y tambien Juarez entonces no me vas a decir como circula los diarios pendejo

  5. The agents aren’t the criminals here. It’s those trying to break into the US. Stay away from the Border & this stuff won’t happen. It’s Mexico’s fault. If you care about your people Calderon, then keep them in your country.

    ilegal Reply:

    so, it is ok for BP agents to shoot kids on the mexican side of the border? If so, then I guess that’s an invitation to the dance…fooking animals.

    Fenix Reply:

    Shouldn’t have been throwing rocks at the Border Patrol agent. We really don’t know what happened, but I’d believe the US agent over the Mexicans.

    johnny Reply:

    ur about a dumb ignorant fool

    ilegal Reply:

    rocks? what rocks? the only rocks here are the ones you must be smoking right now, there are several people who were present at the place and time of the murder, and the only thing they saw was the kid trying to cover himself from the bullets of that fvcking animal, there were no rocks, no weapons nor suspicious packages, they were only kids goofing around, and by the way, if that was a justified killing, then why the hell the BP agents removed the spent cartridges from the crime scene? are they collecting them to sell them for scrap metal or what? no, they altered the scene of the crime to try to cover their horrific act, they murdered an innocent kid.

    YeYo Reply:

    Ignore this idiot…He wouldnt be talking like that if he had a me in front of him.

    vito Reply:

    A human face on
    Sergio Adrian Hernandez Huereka
    http://tinyurl.com/2dlullo

    ilegal Reply:

    nice pic.

    Fenix Reply:

    Good Lord! The kid was a “known drug smuggler” by authorities!

    Why do you people continue to glorify drug traffickers? Is that the only thing y’all have to idolize? Geez! Mexico needs to get a John Wall or Lebron James (real American born Americans)

    preciosa Reply:

    Have you ever been to the border? Have you ever cross it? Are you white? because if you are you will never know and probably will never experience the harrasment and human rights violations that mexicans do experience while crossing the border LEGALLY on a daily basis. CBP agents are trained to assume that ALL mexicans are criminals and they practice that with every single person that cross. I bet you have never even been to mexico.

    vinotinto Reply:

    kudos preciosa

    Valentina Reply:

    I wasn’t going to entertain any comments/statements resulting from mindless commentary, especially Fenix’s comments. Don’t allow yourself to be upset over someone’s obvious prejudice comments.

    In a previous post dated May 15, 2010, Fenix stated: “You’re just mad because I hate illegal aliens.”

    Since then, and sometime prior to that admission, I’ve never taken anything he says seriously. He’s obviously prejudice against Hispanics/Latinos, so everything he says is nonsense and pretty much unfounded.

    Now, moving on to more important issues you pointed out concerning issues with border-crossing, according to my criminal procedures professor (who happened to induce an intense amount of depression due to his impossible mid-term) and Criminal Procedure by Joel Samaha, elements of lawful searches are as follows:

    1. A lawful stop (a law enforcement officer, based on his experience and training, may act on his own reasonable suspicion/probably cause to stop someone). If an arrest is made, that officer should be able to articulate the reason/probable cause for the stop, which should amount to enough reasonable suspicion not profiling. Key word: reasonable.

    2. Reasonable suspicion that the suspect is armed (for the safety of the public and the officer conducting the stop).

    3. A once-over-lightly pat down of outer clothing to detect weapons (the Stop and Frisk based on Terry v. Ohio, although evasive, they are fair game)

    With that said, there are also special situations that allow additional measures to be taken by law enforcement during stops. One of those special situations happens to be the U.S. border (especially the U.S-Mexican border). The U.S. government can detain and frisk people at borders without reasonable suspicion because of national security interests.

    Consequently, as long as the search is conducted reasonably, it is allowed and anything found may be seized and will be admissible in a federal court. Granted, any stop and frisk situation is invasive, but it’s the least intruding and under the circumstances (because the search is conducted at the border) it’s not violating your rights. Even if you do feel like your rights have been violated.

    vinotinto Reply:

    Isabella I haven’t been around much lately…I sorta missed your long running comments

    Valentina Reply:

    Hey! My responses are thorough and luckily I’m taking criminal procedures this summer, so I’m up to my knees in the 4th, 5th and 14th Amendments.

    But, yeah, I suppose I will continue to manifest under the most random circumstances. I didn’t want to chime in, but I felt it was necessary. It’s important to know your rights and to exercise them.

    Anyway, here’s a video my best friend found on LiveLeak and another one from Dlisted:

    http://www.liveleak.com/view?i=596_1172689737

    http://dlisted.com/node/37474

    ENJOY!

    vinotinto Reply:

    pobre elefante

    Valentina Reply:

    You’re welcome, but remember, outside of the border, a law enforcement officer needs to articulate probable cause if he’s going to conduct a warrantless search. For example: during a traffic stop, he can write up a citation for any minor traffic incident, but if there’s nothing in plain view (nothing suspicious), according to the Plain View Doctrine, he can not ask to search your vehicle without a warrant.

    vinotinto Reply:

    Didn’t a court decision extend the definition of the border to everything upto twenty five miles from the actual border? My friends and I say we live in the “deconstitutionalized zone”

    Valentina Reply:

    Nadien had mentioned something about that a while ago, but there’s no such thing as a “Constitution-free zone.” Border searches other than the actual border, according to the Congressional Research Services, are as follows:

    Border searches can also occur in places other than the actual physical border. Two different legal concepts authorize such searches:

    (1) searches at the functional equivalent of the border; and

    (2) extended border searches. These concepts allow federal officers to conduct border searches even in situations when it is not feasible to conduct the search at the actual point of entry (e.g., examining a person upon arrival at a U.S. airport rather than during a mid-flight crossing into the country).

    Here’s the link: http://www.fas.org/sgp/crs/homesec/RL31826.pdf

    You have to understand the Fourth Amendment and the exceptions, in order to make sure that your rights are not violated.

    Fourth Amendment Clauses: Reasonableness clause: “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated.”

    According to the 4th Amendment, in your home (regardless of the fact that you live near the border), you have an expectation of privacy, and therefore, law enforcement agents (including border patrol) are not allowed in your home without a warrant signed by a judge or a magistrate (there are exceptions, but under emergency situations only). By emergency, I mean, life or death situations.

    Also, the warrant clause, states: “…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.”

    vinotinto Reply:

    thanks girl…I had the 25-mile limit confused. It’s in the statute for entering private lands but not dwellings: http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001357—-000-.html

    vinotinto Reply:

    by the way…crossing the pedestrian border in Nogales once the person who happened to stand in line ahead of me was busted with a vial containing residue. Consequently, I was asked into a back room by the inspector, held against a wall with my hands restrained behind my back and my balls felt up (which made me giggle). Is that considered reasonable, legally?

    Valentina Reply:

    I’m going to check with Professor Barman (he’s also an attorney), as to the reason why you were also detained/seized with the suspect that had the vial. If I’m correct, the reason why you were also detained was probably because you were behind him. Since it was a border search, they didn’t need any probable cause/reasonable suspicion to detain you as well.

    Here’s what I have for you, straight from class lectures (hope it helps):

    Fourth Amendment Stops and Frisks are:

    Brief detentions that allow law enforcement officers to briefly freeze and investigate suspicious situations.

    “Once-over-lightly” pat downs of outer clothing done to protect officers by taking away suspects’ weapons.

    The greater the invasion, the greater the objective basis require by the Constitution to back it up. Officers need to prove (or articulate) fewer suspicious facts and circumstances to back up stops and frisks than they do for arrests and full-blown searches.

    The Reasonableness Test: Most searches and seizures are warrantless. These must pass the reasonableness test (Note: Your search and seizure at the border).

    The RT requires the government to prove:

    Balancing element: The need to search and/or seize outweighs the invasion of liberty and privacy rights of the individuals.

    Objective basis: There are enough facts and circumstances to back up the search and/or seizure.

    Your search and seizure (because you were detained), was a full-blown search, but not a body cavity search (those are only conducted when they have reason to believe a cavity search is necessary and you’re booked at a jail or when you arrive at a state/federal prison). And the reason for the thorough (felt up) search was for their safety. So, technically, according to their procedures, yes, being felt up is totally reasonable. Even if you feel it’s unreasonable (which is understandable), they have to follow through with procedures – as invasive as it is to an individual.

    vinotinto Reply:

    THANKS!

    side note: they hate it when you giggle while their hands are probing your balls…the red-faced anglo got redder-faced jajaja

    preciosa Reply:

    The problem with the border crossing is not only the searches but the longer times. It takes 2-3 hrs to cross to Nogales,AZ and the worse part is the attitute of these CBP agents that has gotten worse over the years. These peoplo have no education and too much power and they know it. they can do whatever they want and the mexicans will not complain. They take your passport/border crosser for not good reasons and you have no say in the matter. Some of these agents speak worse english than me and yet they feel superior. Is fine is they have the right to search you but is their whole attitute that makes it an issue. And if you dare to ask why the lines are so long you automatically get send to a second search, you are a criminal by definition. Their response is “why do you go to mexico” just like that, even when there is no cars they manage to make you wait 20 minutes. I crosses one time and there were only 5 cars and yet we have to wait 20-25 minutes to cross.
    I think the problem now is that before the people that work there were locals. They knew the 2 nogales and had some common sense but know most agents are not even from arizona. It seems like the CBP is purposely trying to hire prejudist people.

    El surfer Reply:

    It isnt any better flying into SFO Ive been harrased many times and its seems allways by a minority agent. with a attatuded. you would think the surfboards would give them an Idea what I went for. the older agents have allways been cool. one pissed me off so much I asked him how he got the job because I couldnt understand his English… the other agents just laughed and sent me on my way. I understand they have a job to do but resently its got worse. same in nogales driving up from down south seems like the older agents are cool but the younger ones are on a power trip. I dont mind the searches, do your job but leave the attatuded @ home

    Chris Reply:

    Fenix, you have lost your f***en mind

  6. Shouldn’t have been throwing rocks at the Border Patrol agent. We really don’t know what happened, but I’d believe the US agent over the Mexicans. HMMMM did you say “We really don’t know what happened” ok Fenis, until you know what you talking about…… Just shut up and listen!

  7. By the way Hi everyone, I have been out of the loop for awhile.

    elchilepelais Reply:

    Ya duermete wey.

  8. I need to find the article that I read this morning online that said BP has the video proving that the agents did not enter Mexico. It probably also shows the kid throwing rocks at the BP agent. I’m sure the poor fool thought he was being tough. Any of you that live in El Chuco know that across from Anapra, BP has these small areas (shaded) were BP parks to keep watch of the river. Some of these look-out areas have thick protective glass facing the river so that the agents can park behind it and not get rocked directly. I’ve seen the glass on them and damn it is all messed up with rock marks and bullet holes.

    Poor kid, I feel bad for him and his family. There is only one thing that separates El Paso and Juarez and its not the river, its respect. If more people in Mexico learned to do that than they would not be dying to come over here.

  9. I wonder how many kids the Mexican military has killed in as much time? Didn’t they just kill a 13, 15, and 16 year olds in Tamaulipas a couple of days ago? What about that family they shot at in Nuevo Laredo a couple of weeks ago.

    ilegal Reply:

    does that give the gringos the right to kill mexicans? well, I wonder how many americans have been killed in middle east, I don’t know, but I guess that gives the mexicans the right to shoot gringos.

    Tantos Reply:

    Good points, Flaco. Calderon has yet to show real concern for the poor people who live in the most dangerous city in the world (according to Charles Bowden). It’s too bad he doesn’t even try to raise the bar for his own corrupt and incompetent military and federal cops, while demanding the highest professionalism from the gringos.

  10. Have you ever been to the border? Have you ever cross it? Are you white? because if you are you will never know and probably will never experience the harrasment and human rights violations that mexicans do experience while crossing the border LEGALLY on a daily basis. CBP agents are trained to assume that ALL mexicans are criminals and they practice that with every single person that cross. I bet you have never even been to mexico.

  11. Steroids is my guess….muscles grow…brain and testicles contract

Log in | 47 queries. 0.665 seconds.