Problems on the U.S. Side

Tedram

Tedram
Tedram, I'm feeling you. I held law enforcement officers in the highest regard until 10 days ago. I felt if I were doing nothing wrong and I treated them with respect, all would work out well. A certain libertarian friend always told me I was a Pollyanna, but I maintained that I wouldn't succumb to his dystopian view of the world. He said I'm still 9 years old, with the nice officer visiting my school, and I can't say he was wrong.

But now I have multiple dogs in this melee of my mind. I won't choose a political side, because I don't have one. And I can't choose a law enforcement side, though I had a strongly positive one 10 days ago.

I'd like to openly relate my embarassing experience, because I've been rolling over and over in it, and relating it might be cathartic. And maybe helpful to those crossing the US Border Zone.

But first this--police aren't pigs. I'm an anthropologist, and dehumanizing groups of others into animal form is as old a form of tribalism as there is. With apologies to DMAC, such usage is an incipient form of hooliganism (kinda fun, frankly), ethnocentrism, racism, and much, much worse. It's natural in the raw, but civilized society requires that we rise above the raw. Even humanistic atheists would call dehumanization of groups dangerous.

OK, before the cautionary tale, some background. I'm an archaeologist and the owner of a little archaeological consulting firm. Wife, daughter, stepson. Funlover, but law-abider. No better or worse than any other good citizen. 45 years old and not at all jaded by life or terribly so by government. Social liberal, fiscal conservative. Love travel, love Mexico, new owner in Las Conchas.

On the Circus Mexicus weekend, we had kids and a slew of good friends at our house. Beach trips, music, ton of laughs, ton of fun, all safe. I had to split to a biz meeting to my New Mexico office on Monday, though, so split I did as everyone else slept. Was stopped in Sonoyta, paid a mordida, and kept going. Stopped at the border and detained and searched. Then stopped 10 miles north by an oddly well-armed cadre of 3 Pima County Sheriff officers in 3 separate trucks.

License, reg, insurance out the window. Stepped out as they requested. Politely granted them search privileges. They asked me to walk a line. Gave me a breathilyzer. Senior guy told me, "Mr. Motsinger, you are twice the legal limit." I was aghast. I said, "I"m not sure how that could be. I haven't been drinking." He asked, "Were you drinking this weekend?" I said, "Yes, but that was yesterday. I guess somehow I've still got too much in me." One of the other officers said, "Yeah, that can accumulate for a long time." I said, "Whatever you have to do, officer, go ahead." I figured I was somehow an unwitting DUI, and was fully willing to just be taken off the road and charged. I asked to see the breathilyzer because I still couldn't believe it. He jerked it away as I leaned toward it. He said he wouldn't show it because it wasn't admissable. So I said, "OK, let's just get to the blood test. Please administer it."

He wouldn't, which I thought was strange if I really were twice the legal limit at 10:00 am on a Monday. He told me they'd found 4 open beer bottles, so they knew I'd been drinking. I was puzzled, but there they laid them on the Sonoran sand below me. I asked, "Where were those? In the back? They're empty bottles." He told me it doesn't matter, they're open containers. I looked at them and said, "Those are trash from our beach time yesterday. They were back in the third row, weren't they?"

He told me I was being uncooperative and that he really wanted to let me go, but I'd have to stop being this way or they wouldn't. Puzzled, I told him I'd be happy to tell him anything he wanted if I could just get on my way since I hadn't done anything wrong. The three of them conferred outside my earshot. Then the guy who appeared to be the junior one handcuffed me and Mirandized me. Led me into his patrol truck. And transported me to Ajo. Along the way, we chatted and he said that the sergeant had decided I had been uncooperative and the had to charge me. It wouldn't be long...just a few minutes to an hour before I was on my way. I spent the next 25 hours in the jail.

Some stories to be told in there, but I'll just abbreviate by saying that if my mother had gotten a one-day report card, it might have read, "Thomas just doesn't look like he fits in with the other students. Could you send him to school tomorrow more inarticulate and physically scraggled out?" I wasn't beligerent at all...I just really, really didn't fit in. Finally got a hearing with the judge the next day. Chained, shackle...yet resplendent in orange and chrome!

The judge offered me the minimum sentence of $255 fine if I pled guilty to a Class 2 Misdemeanor open container violation for the empty 4 bottles. Or I could fight it and face what she made clear was a maximum sentence of 4 months and $750.

If a lot of you forum-istas are like me, you're thinking, "Oh, you've gotta fight that, dude!" Truth is, I'd be a horrible POW. I'd have done anything to just get out of there and have no chance of ever going back. So I caved, pled guilty, and within an hour I was hitchhiking back to retrieve my truck and get back to my wife and kids in Penasco. All business appointments for the week canceled.

So no judgements here, no political slant, and this time no jokes. I don't even have a moral for any of you traveling the U.S. Border Zone. There's just one law enforcement/judiciary experience for you to consider.
tmotsinger--
I am dissapointed to hear your story-- My opinion is that you should have plead not guilty on the open container charge. I think that charge was BS....


I am also curious as to why they did not pursue further on the impaired driving? If as you say they indicated you did not do well on the FST (Field Sobriety Test) and also failed the PBT (Portable Breath Test). Did you get asked to do the HGN (Horizontal Gaze Nystagmus) test? Were you ever asked to provide a Breath Test at the station? The PBA test is not admissible, it is an investigative tool to further (or dispel) their suspicion of impairment. Sounds like they did not have enough evidence to charge you with DUI but felt it was better to get you off the street. Believe it or not, after a hard latenight of partying then getting up early you could still be over the presumed impairment level of.08. Let’s just say the let you go and ten miles down the road you hit and kill someone, that person’s family sues those cops for not taking you off the road. I have investigated many 0600hr accidents due to an impaired driver from the night before.
 

playaperro

El Pirata
Hey Ted thanks for the reply, and I don't remember calling anyone names on here, Its just kind of hard for me to believe you actually came out and told us you were in law enforcement, there are many people on here that are in that program, most of them just lurk, I know for a fact Tyler the owner of this forum want's to be in law enforcement or is and this site is being run by the CIA, LOL. Not much news unless you want to hear Russy tell us how good he has it down here in Penasco, I don't know why he is hiding here in Mexico. Looks like a retired mafia type to me! Hey welcome to the forum at least your honest and that's a start.
 
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MIRAMAR

Guest
Hey Playa, some day I hope to be in Penasco this time of year instead of driving down on weekends and up to HOT Tucson during the week for work. We love Penasco in June- the water is warm enough to swim in and the severe heat has not yet hit like it has in Tucson and Phoenix. Then someone can ask what I'm hiding, and I'll tell them "I know nothing!"
 

tmotsinger

Eating Newbie Gringo Taco
Tedram, just to answer your questions for everyone's benefit:

They didn't administer the FST, I think because I answered (honestly) that I was a little sore from beach football the previous day.

No HGN was administered. My last drink was around 9:30 the night before, and the citation was at 10:30 am. I don't think I failed the PBT, but the officer wouldn't show me when I asked, so I don't know. No PBT was administered at the jail, presumably because it was just an open container violation.

I probably should have pled not guilty, I guess. But after 25 hours in there I would've admitted to lighting kittens on fire to keep from going back.
 

Mexico Joe

Cholla Bay 4 Life
This has been one of the greatest forum threads of my life!! I could read DMAC and RMOORE for hours! Lol, unfortunately this thread must have started when I was in RP for 7 days because I just had to read through 23 pages to get to the end. Fantastic! I wont call the cops names (on a public forum) however I know in the 28 years Ive been on this earth the cops have never helped me but they have tried to F#@K me on numerous occasions. Ive had 2 bouts with the Pima Sheriffs a number of years ago and both turned into confrontations over just a license plate light being out. I would say on a bad day and with the right smart ass responses that yes they are capable of doing something like that. I have never been arrested in my life and once because I knew my rights and there was nothing the PHX Police could do about it and they actually held up to their end of the constitution and didnt rape me. However, the one thing that Ive learned through the years with traffic stops and other run ins with cops is that they USE INTIMIDATION to their benefit. The cops know the law and the general public doesnt and so they will use that to their benefit or the public knows the law and then becomes INTIMIDATED into GIVING UP THEIR 4th and 5th amendment rights. In my example 5 PHX Police officers wanted consent to search my vehicle because I had a license plate light out, lol they needed 5 cops!!!! That speaks on what DMAC was touching on. They tried to BULLY me into LETTING them search my vehicle and without probable cause I KNEW that was ILLEGAL and stood my ground, on top of that then and now any time I get the bully from a cop I let them know right away I know my rights. Cops think they can do whatever they want and they CAN right then and there but that doesnt mean that it will uphold in a court of law but by that time like DMAC mentioned you have all ready been raped by the system and feel degraded: EX. being handcuffed, going to a holding cell, facing a judge initially, retaining a lawyer all so that in the end they drop the case because the cops ABUSED THEIR POWER. This is the CLASSIC SHERIFF JOE MENTALITY, Im going to do whatever I want regardless if it legal or convictions are actually made. How many cases have we read in Phoenix where MSCO have violated rights only to have these cases thrown out, no convictions but the tax payer pays for that, not to mention the civil lawsuits that follow.
 

Mexico Joe

Cholla Bay 4 Life
I will say this, the border region scares me!! From Gila Bend to the border and vice versa its all business with those men and women. Yes sir no sir yes mam no mam. In my condition Im definitely not looking to be detained in Ajo for a day, that would be a nightmare! I also had forgot to say something to ROCKY, you're telling me that you never ever drive with one drink in your system?! I would say that 38% of the time I drive I have one drink currently in the bloodstream. I just had one beer while reading through this thread and now Im hungry, Im going to get in my truck right now and go get something to eat and BY NO MEANS AM I IMPAIRED !!!!!!!!!!!!!!!!!!!!! I could never go out to dinner and drive because I ALWAYS HAVE A BEER WITH DINNER unless Im eating McDonalds or something, lets be HONEST HERE
 

tmotsinger

Eating Newbie Gringo Taco
The Ballad of Ajo Jail
(With apologies to Wyle, Schwartz...and Gilligan)


Just forum-up and you'll read a tale
A tale of a fateful trip
That started from our fishing port
Then led him to get stripped


The Mate was nearly forty-six
Yet handsome, tall, and lithe
Four passengers strewn in the back
For a four hour drive. A four hour drive.


Three deputies got kinda rough.
Miranda rights were tossed
The passengers were empty but
The Captain wasn't sauced. The Captain wasn't sauced.


He landed in Cell 4 of the
Ajo county jail.
With Recidivist...
Bail Jumper too.
Assaulting Guy...without his knife.
Transgender Dude.
A steel toilet and...Hairy Man.
Concrete with no tile!
 

DMAC

I fought the law and the law won.
Thanks for validating my thoughts Mexico Joe.

I remember sitting down with a friend of mine at the local bar down here and we were talking about who we voted for in the primary elections. My buddy (ex-GF's bro-in-law) had no idea of my political leanings and let's just say he was a little shocked at what I was saying (hell, most people are when they talk politics to me). Anyway I was going on about how the worst threat to US citizens was their own govt. I told him I would prefer we just do away with it, to which he responded "Yeah, but you need some government, you know like the police". After spitting half my beer on him over that remark, I informed him that we don't need the police and if we were to have police that they should be private rather than government police. The conversation went like this:

Him: "Yeah but dude what would happen if we didn't have the police?"
Me: "I don't know about you but I would go on a murderous rampage of theft and rape."
Him: "Yeah, yeah, but you know there are times when you need to call the police"
Me: "Really? When was the last time you called the police?"
He thinks for a moment: "Well, it's been a while"
Me: "Yeah, and when they showed up were they any use at all?"
He thinks a bit longer: "Well, no not really"
Me: "You want to tell me why we HAVE to have the police again?"

One other thing I want to point out about the comments made by the ex-cop on the thread. He admitted that some cops "use a heavy hand and have an axe to grind". OK well by witnessing some of those types of cops beating, murdering and framing innocent people, I would say that is like me calling a rapists someone who is "overly amorous". The fact is that cops who look the other way when this stuff happens are as guilty as those that perpetrate it.
 
I will say this, the border region scares me!! From Gila Bend to the border and vice versa its all business with those men and women. Yes sir no sir yes mam no mam. In my condition Im definitely not looking to be detained in Ajo for a day, that would be a nightmare! I also had forgot to say something to ROCKY, you're telling me that you never ever drive with one drink in your system?! I would say that 38% of the time I drive I have one drink currently in the bloodstream. I just had one beer while reading through this thread and now Im hungry, Im going to get in my truck right now and go get something to eat and BY NO MEANS AM I IMPAIRED !!!!!!!!!!!!!!!!!!!!! I could never go out to dinner and drive because I ALWAYS HAVE A BEER WITH DINNER unless Im eating McDonalds or something, lets be HONEST HERE

I don't believe I ever said that I have never driven "with one drink in my system".....I don't drive "impaired" or under the influence.....and I sure don't get in my vehicle right after downing a drink. Actually, I've probably only had 6-8 beers in the last 9 months....and all of them have been in Mexico! Pathetic, isn't it? But with the medication I've been on, I like my liver too much! Oops, I lied about only the beers...I had a shot of tequila last Sunday when I was home, after I had a nice steak, then I sat down in the recliner, and had a nap! You know how us old farts get!
 
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GV Jack

Snorin God
I don't believe I ever said that I have never driven "with one drink in my system".....I don't drive "impaired" or under the influence.....and I sure don't get in my vehicle right after downing a drink. Actually, I've probably only had 6-8 beers in the last 9 months....and all of them have been in Mexico! Pathetic, isn't it? But with the medication I've been on, I like my liver too much! Oops, I lied about only the beers...I had a shot of tequila last Sunday when I was home, after I had a nice steak, then I sat down in the recliner, and had a nap! You know how us old farts get!
I certainly resemble that remark.
 

Nmots

Guerrita!!!
I love that friends of ours are very concerned with recycling and want to bring empties back to the US to dump in the blue bins instead of leaving them in the trash at our house. Now I must tell them they can't.

Tom I loved your story, and Joe, I know Tom very well you can call it BS if you want but I am with Tom on this one. I am sorry that you had to deal with this. You can be sure that this is being read by the boys up north and maybe it will have a little impact on future dealings. The power behind the gun and badge is scary. The idea that their corrupt actions in the middle of the desert will never be found out is laughable.

I wonder what would happen if I got pulled over taking my aluminum cans to the recyclers....thats 100 open containers Mr Black....I guess I will try it to see.
 

Kenny

Guest
I was thrown in LA county jail shortly after the Watt's riots for some misdemeanor charge that I don't even remember now. The jail was a mess, the TV's had been torn off the walls etc... Anyway they threw me in a 6 man cell with 8 black guy's late in the afternoon. Now I'm a long haired surf rat, and pinko commie rat fink in a cell with 8 black guy's who thought of me as some kind off Alien, a white boy Alien. We had great conversations all night, as I was as interested in them as they (most of them anyway) were of me.
The next morning as we stood at the end of the cell with our arms out the bars so the Ha! "corrections officer" could read our wrist bans; Well this guy looked at me with his eyes wide and said "who put you in there! Do you want to go to a different cell?" I just said, "Who do you think put me in here, I'm just fine."
...Back in my youth and early adulthood I had more run in with the law for petty misdemeanor bull than I can even remember. Cop says, "we're going to have to arrest you for drunk in public, (Covina Cali) we can't have you walking around under the influence in this town! But I was running not walking I said, and I only live a block away! Once again it's off to the local jail, and when bail isn't posted by the time the bus leaves for the county jail, it's off for some more cultural exchange and personal growth..LOL

What?
 
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mexicoruss

Lovin it in RP!
I love that friends of ours are very concerned with recycling and want to bring empties back to the US to dump in the blue bins instead of leaving them in the trash at our house. Now I must tell them they can't.
:gradea: Hola Nmots
 

DMAC

I fought the law and the law won.
DMCA have you seen this site? I'm not a gambling man, but I'd say there's a very good chance you have.

Americans must now wake up to the fact that this nation is now unquestionably a police state!...> We're Living in a Police State
No this one's new on me. Mind you, there are plenty of places you can go to get all the evidence you need to realize we're living in a police state. Hell, travel to San Diego and you'll realize it.
 
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