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DHS Arrests, Imprisons Motorist For Invoking 5th Amendment, Deletes All His Videos (But Files Were Backed-Up!)

Martin Hill

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Sept. 19, 2014

Witless Homeland Security Agents Unaware That Videos Of Their Crimes Were Backed-Up on Dropbox

An incredible video has surfaced of a motorist trying to invoke his rights at a warrantless internal checkpoint. U.S. Department of Homeland Security officers detained and arrested the motorist after he invoked his 5th Amendment right to remain silent at the so-called 'border' checkpoint on I-35 in Laredo, TX. In the initial exchange when the man opted to remain silent, the officers arrogantly claimed "Okay sir, right now you are facing several charges." When he asked why he was being detained, they replied "We don't have to have probable cause sir."

They demanded he pull over to secondary inspection area, where they then threatened to break his window if he didn't roll it down for them. They accused him of "resisting or impeding an officer inspection" and then announced "you are under arrest. Your phone will also be seized." They then handcuffed him, threw him in a holding cell, fingerprinted him, photographed him, and threatened him with "several charges" unless he deleted the videos from his cell phone. The man, who's a military veteran, also had the DHS supervisor threaten to have his concealed carry permit revoked and to ban him permanently from all government installations. And all he was trying to do that day was drive to work and mind his own business.

In an exclusive interview with LibertyFight.com, the man explained "I was detained for about an hour, fingerprinted and photographed. I was told that I would be released without charges if I deleted the video from my phone."

Little did the witless agents know that the files had been saved to backup. "I had no problem deleting it because I have a dropbox that it downloaded to," he said. "I am sick of the way these agents think they own you."

The man, who at this time prefers to keep his identity private, told LibertyFight.com what happened when the video ended. "The Supervisor reaches in and seizes my phone that I was videotaping with. I was handcuffed and taken inside a nearby building. I complained several times that the handcuffs were too tight. I was read my Miranda rights and placed into a holding cell. After some time I was finger printed and photographed then placed back into a holding cell. I remained under arrest for approximately one hour or more. I also explained to more than one agent that I was a diabetic and needed my medication soon. When the Supervisor finally came to speak with me, his conversation had nothing to do with my false arrest and the numerous blatant violations of my constitutional rights; it was more along the lines of his job and where he grew up. He then told me that I appeared to look like a Ukrainian or Russian or Irish immigrant. Then he stated that he did not have time to deal with US Citizens (which he had established that I was a US Citizen at this point) only immigrants At that point he proceeded to tell me that if he were to have me prosecuted that he would have my concealed handgun license revoked and that I would never again be able to set foot on another government installation. He then proceeded to tell me that if I deleted the video from my phone that I would have his word that he would not prosecute me and I would be free to leave. He sat beside me on a bench and selected the videos from my phone (as I scrolled through them) that he wanted me to delete. After he was satisfied that the videos were deleted he escorted me back to my vehicle where then I was free to leave."

 

The man added, "I would like to say that I think the DHS border patrol should re-train their agents and educate them on the constitution and the freedom and liberties that are afforded to American citizens by the constitution.. I understand that the supreme court has ruled by way of "United States vs Martinez-Fuerte" that they are authorized to stop citizens at these internal checkpoints and inquire of their citizenship status, however they (agents) are working under the assumption that we are obligated to answer, and by working under that assumption they are violating our constitutional rights when they detain someone and illegally search them or worse, assault, tazer or shoot someone all because they asserted their rights not to answer their questions. These Border Patrol Agents are abusive and downright corrupt. They will stop at nothing to show you who's boss.."

"Look what they did to Pastor Anderson. There is also a military guy they detained at the del rio checkpoint for asserting his rights. I also served many years in the military and fought for the rights afforded to us by the constitution. So why shouldn't I stand up for those rights? "Those who surrender freedom for security will not have, nor do they deserve, either one."-- Benjamin Franklin"

The man added "I use an APP called Dropbox to back up my files. However since then I found an Awesome APP called BAMBUSER that lets you stream your video live to the internet. So even if they take your phone and destroy it, your video is already uploaded to your Bambuser account."

The man said he is not currently represented by counsel but if any attorneys are interested in this case, he will be glad to speak with you. You may contact me here and I will get the message to him.

A Transcript of the video is below. At time of publication the video had 1,216 views.

 

LibertyFight.com notes: I have had several interactions with these same DHS agents at the exact same Laredo Checkpoint. The first four videos below are at Laredo, (along with the corresponding articles). As you will see, I usually end up yelling at them and they run away. In 2010 two "Texas Troopers" illegally demanded to see my ID with no probable cause. In my case, I recorded both officers with my phone. After I filed an official civil rights complaint, both officers were punished, "had corrective action" taken against them and retraining provided." The Texas Dept. Of Public Safety admitted wrongdoing in writing. I then filed a 42 U.S.C. Section 1983 Federal Civil Rights Lawsuit against the troopers for damages, permanent injunction, and to dissuade them from continuing this blatantly illegal practice. One of the documents which the defendants were forced to release in initial disclosures was an internal POLICE MEMO from TX DPS officially admitting that "The passenger is under no obligation to comply with request" for ID. Visit my website DontWakeMeUp.org for more details on this issue.

You can also visit the LibertyFight.com FILMING COPS ARCHIVE our BEATING TRAFFIC TICKET ARCHIVES, and our RED LIGHT CAMERA SECTION. You can 're-Tweet' this article here:

DHS Arrests, Imprisons Motorist For Invoking 5th Amendment, Deletes All His Videos (But Files Were Backed-Up!) http://t.co/7fUjgqeWbL

— Martin (@LibertyFight) September 19, 2014

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VIDEO TRANSCRIPT AND NARRATION

On February 6, 2014 at approximately 3:35 p.m. I was traveling north on U.S. Interstate 35 when I pulled into a suspicionless Border Patrol checkpoint located at 11600-11608 Interstate 35, Encinal, TX 78019. As by law I stopped at the checkpoint. The following is a transcript and narration of what took place while videotaping from my vehicle and upon approaching the Agent at the booth.

Agent: How are you doing sir, are you a U.S. Citizen?

Motorist: (Remained Silent)

Agent: Are you a U.S. citizen sir?

Motorist: What's that?

Agent: Are you a U.S. citizen?

Motorist: What's that?

Agent: Are you a U.S. citizen sir?

Motorist: Do you have probable cause to suspect that I'm not?

Agent: It's an immigration check man.

Motorist: (Remained Silent).

Agent: Are you going to answer my question, it's a yes or no question (While reaching for his mic on his radio).

Motorist: (Remained Silent).

Agent: Alright 10-4 just stand-by then. (Agent calls for supervisor from his radio Then paces back and forth while waiting on supervisor. Supervisor approaches and agent explains and states that I refuse to answer his questions).

Supervisor: Ok sir right now you are facing several charges ok.

Motorist: What's that?

Supervisor: Impeding traffic.

Motorist: Well you stopped me, I did not stop here on my own.

Supervisor: This is an immigration inspection ok.

Motorist: Ok.

Supervisor: Under U.S. code alright the Supreme Court has already justified that.

Motorist: Ok, you can ask but I don't have to answer any of your questions.

Supervisor: Yes sir, you will not proceed until we have sufficient evidence that you are a United States Citizen.

Motorist: But do you have probable cause to suspect that I'm not?

Supervisor: We don't have to have probable cause sir.

Motorist: That I'm not? How many countries do you think have had this going on throughout history? Nazi Germany did.

Supervisor: Right now sir you are under violation of 18 USC 111 (inaudible).

Motorist: Which is what?

Supervisor: Which is resisting or impeding an officer inspection.

Motorist: What are you inspecting?

Supervisor: We are inspecting your citizenship sir, are you a U.S. citizen, Yes or No?

Motorist: Ok you can ask but I don't have to answer your questions.

Supervisor: (Speaking to first agent) Get me a video camera.

Supervisor: Also too sir you are under investigation sir.

Motorist: What investigation? What's the probable cause?

Supervisor: Right now you are under a CRIMINAL investigation.

Motorist: A CRIMINAL investigation, Really, a CRIMINAL investigation?

Supervisor: I'm sorry excuse me, right now we are uh uh uh doing a immigration investigation ok.

Motorist: Ok, Ok.

Supervisor: The court the US court system has already set this up. This has been fought and everything else in court.

Motorist: That's fine, you can ask anything you want but I don't have to answer anything.

Supervisor: You will not proceed through her until then.

Motorist: That's fine ok.

Supervisor: (Speaking to first agent) Now do me a favor Call DPS Alright for impeding uh traffic that's going to be a state code also alright.

Motorist: You guys stopped me, I just want to be on my way. Are you detaining me? I would like to be free to go.

Supervisor: No sir, not until our questions are answered.

Motorist: Ok well I don't have to answer your questions. That's the 5th amendment.

Supervisor: Alright sir do me a favor, Move to secondary position. (inaudible)

Motorist: No I don't think so I just want to be on my way. You stopped me I just want to be on my way.

Supervisor: Right now sir I'm advising you one more time, that you are in violation of US codes alright, you will either move to secondary sir, first off I'll give you another chance, You will state your citizenship sir.

Motorist: I'm not going to state my citizenship.

Supervisor: You will move to secondary inspection for further inspection.

Motorist: What are you going to inspect?

Supervisor: So we can fully inspect your citizenship.

Motorist: Ok I'll pull up there.

Supervisor: Ok pull over to secondary.

Motorist: I don't consent to any searches or seizures, I'm letting you know that right now.

Supervisor: Alright, pull over to secondary.

Motorist: (Pulling over to secondary).

Motorist: Narrating " ok I'm here in secondary, they have no probable cause to pull me over here to search me.

Agent #2: Excuse me sir, can I get you to pull up maybe 2 more feet so your truck doesn't get hit- That's good.

Supervisor: Do you have any identification sir?

Motorist: Yeah

Supervisor: Ok may I have it sir?

Motorist: No

Supervisor: Ok once again you are in violation of 8 USC 211.

Motorist: The state says I don't have to give you any identification.

Supervisor: We are not the state sir we are federal agents.

Motorist: Yes you are federal agents you are not a peace officer.

Supervisor: (Steps away and speaks to other agents then returns to me) Ok sir turn off your engine and step out of your vehicle.

Motorist: I'm not getting out of my vehicle.

Supervisor: If not you are under arrest sir.

Motorist: For what?

Supervisor: For violation of 8 USC (inaudible).

Motorist: Because I didn't answer your question?

Supervisor: It's a simple question sir.

Motorist: I don't have to answer your questions. I have a right, I have rights. The 5th amendment, I can choose to remain silent.

Supervisor: Alright let me explain something to you sir, the US Supreme court ruled

Motorist: I'm going to choose to remain silent, if you are arresting me I want an attorney here.

Supervisor: Ok that's fine, US vs Martinez-Fuentes 1976.

Motorist: I know Martinez vs the Government, I know the court case. I have rights.

Supervisor: Step out of your vehicle sir.

Motorist: No

Supervisor: (Attempts to open my driver door then tells other agents "Bust his window and take him out"�)

Supervisor: Sir we are going to break your window turn your head to the other side please.

Motorist: (at this point I roll down my window to prevent damage to my vehicle. Supervisor reaches into my window in an attempt to unlock my door and tells me to step out of the vehicle. I then remove my seatbelt and exit the vehicle)

Supervisor: Let me see your hands, step out of the vehicle and place your hands over your head now put your hands behind your back you are under arrest. Your phone will also be seized (inaudible)

 

Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, AmericanFreePress.net, RomanCatholicReport.com, WorldNetDaily, OverdriveOnline.com, Educate-Yourself.org, TexeMarrs.com, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, Pasadena Weekly, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.

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http://libertyfight.com/2014/DHS_arrests_deletes_mans_photos_but_dropbox_wins.html

 

 

 

 

 

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