THE BORDER REPORT

As an American citizen, what exactly are your rights when you are stopped by federal agents? The issue may be put to the test if the U.S. District Court agrees to hear the case of Sydney Stout vs. U.S. Border Patrol. (Case posted below)

The Douglas, Ariz., resident is suing the U.S. Border Patrol in federal court, arguing that he was stopped by agents who illegally searched his vehicle and seized his ammunition, in spite of the open carry gun laws that exist in Arizona. According to the lawsuit, filed Sept. 20, Stout alleges that he was stopped on the frontage road of Interstate 10 southeast of Casa Grande. Two agents, whom he says didn't identify themselves (though I have to wonder, most every agent I've ever seen except BORTAC agents wears a uniform and drives a clearly marked vehicle) searched his truck, refused to accept his state and federal identification and seized six rounds of ammunition along with a rope. Stout says he was detained for four hours. The incident took place in March 2006. He says he spent three of those hours in handcuffs, presumably while his truck was searched. He also complains that the agents trashed the contents of his truck, carelessly left his guns on the tailgate and later misrepresented the details of the incident when he approached the agency with a complaint. Now, I'm just a bum reporter, and I won't pretend to know the workings of the federal justice system when it comes to search and seizure. But it is an interesting question that merits exploring. I know that if you're stopped by a police agency you have the right to refuse to consent to a search of your vehicle. Do you have the same rights when you're accosted by a federal agent? And, assuming Stout's claims are legit, what right does a federal agency have to seize your weapons? Stout's restitution claims are ... unique. He is asking for the return of his seized bullets and rope, a payment of $30,000 tax free and he's asking for the two agents to be punished by ordering them to be hand-cuffed and stuck in the back seat of a Border Patrol sedan for three hours. All while he's watching. U.S. District Court gets a lot of different civil cases filed, some are little like this one. We'll have to see if the judge agrees to hear the case.