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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

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.

In 2013, LibertyFight.com broke the story of Robert Trudell, who had his window bashed in at an internal DHS checkpoint: DHS at Internal Checkpoint breaks drivers' window, seizes all his stuff and doesn't charge him with anything (7/10/13)

Prior to our article's publication Trudell's video had only 2900 views. After we broke the story, within 24 hours it had over 100,000 views, and was then picked up by Glenn Beck's website: LibertyFight article launches viral worldwide coverage of DHS breaking driver's car window (7/12/13). You can visit the full LibertyFight.com Archives here.

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

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