Train search by American Gestapo just another incident from the Constitution-free zone!
January 4, 2009 - You're traveling by train. Suddenly, it slows and comes to an unscheduled stop. Armed, uniformed men come aboard with dogs. They question passengers, search luggage and remove one of your fellow travelers for further interrogation. Is this some Cold War-era movie? Nope. It’s New Year's Eve on an Amtrak train in California.
I wrote not too long ago about my family's experience at a Border Patrol checkpoint along Interstate 8 in Arizona. We were stopped in the desert, briefly questioned, and then allowed to proceed - a little wiser about the modern security state. My family's experience was far from unique. The following story comes to me from a Southwestern state legislator with whom I frequently correspond (he prefers to remain anonymous):
My correspondent is right - this does happen on buses. It also happens along the highways, as I well know, and at ferry terminals. Searches at ferry terminals have become such an issue in Washington state that Customs and Border Patrol provided San Juan Islanders with a FAQ as to what they can expect during such checks, and their (limited) rights when encountering CBP agents. Among the information provided by the CBP is a hint as to what sort of treatment travelers who resent questions from uniformed enforcers can expect:
Am I required to answer the agent's questions at the checkpoint?
- No person can be required to give evidence that incriminates them - that is a constitutional right. Neither can any public official compel or coerce such a statement if the person being questioned refuses to give one voluntarily. However, the law is quite clear that agents can interrogate any person who is an alien or who the agent believes to be an alien as to his right to be or remain in the United States. A refusal to answer could be construed as an articulable fact supporting a level of suspicion to further investigate and possibly to arrest, depending on the totality of the circumstances at hand.
So, if you keep mum and stand by your right to remain silent, that may be taken as grounds to haul you off in handcuffs as a suspicious character.
The U.S. government claims special powers to conduct such searches anywhere within ... well ... about a two-hour drive of the border. That's right. Up to 100 miles inland, you can expect the sort of treatment my correspondent received on his train journey.
The American Civil Liberties Union refers to this 100-mile corridor round the perimeter of the United States as the "Constitution-free zone". It includes many of the largest cities in the United States - and about two-thirds of the population.
My correspondent was a little more courageous than many of us might be when he challenged federal agents during the encounter and voiced his displeasure. He's also a public official who reports an improvement in the behavior of Border Patrol agents once he revealed his identity.
I don't know that the rest of us could expect such respectful treatment. In fact, there's a good chance that most of us would just earn extra scrutiny by failing to bow and scrape, just as that FAQ provided to San Juan Islanders suggests.
That's America in 2008. Without muss, fuss or a public vote, many of the constitutional protections we thought we had were quietly stripped away.
Feeling a bit of relief because you don't live near the border? Don't feel too safe. If the government can effortlessly trim your rights once, it can do it again.
Ed. Note: Government cannot ever take away your rights; they come from God! Government can only violate your God-given rights, which is a criminal act by the officials doing so. The question is: what are you going to do when your God-given rights are violated by government criminals?