MCLU Disappointed That Suspicionless Searches Are Upheld; Mainers Should Be Free to Move About the State

Tuesday, December 6, 2005

CONTACT:     Zachary Heiden, MCLU, 207-774-5444; heiden@mclu.org
                        Shenna Bellows, MCLU, 207-774-5444; sbellows@mclu.org

PORTLAND – The U.S. District Court has ruled, in U.S. v. Gabriel,  that the border patrol could conduct random roadblocks and stop travelers throughout the State of Maine without individual justification, in an opinion released on December 5.  The Maine Civil Liberties Union is disappointed in the ruling, which diminishes the rights of Mainers to travel freely without interference.

“The essence of liberty is freedom of movement,” said Shenna Bellows, Executive Director of the MCLU.  “None of us wants to live in a checkpoint society where our freedom of movement is checked at every turn.”

At issue was whether the border patrol was justified in stopping a car and searching the contents of bags located in the back seat.  The government has admitted that it did not stop the car because of anything suspicious about it or the driver.

“We all want the police to catch people who break the law, but none of us want to live in a police state.” said Zachary Heiden, Staff Attorney for the MCLU.

The U.S. Supreme Court has held that law enforcement may engage in suspicionless searches at fixed checkpoints at the border itself.  This opinion appears to expand that ruling to include an area 100 miles from any border, including the coast.  For Maine, the implications of this ruling are startling.

“What part of Maine doesn't lie within one hundred miles of the Canadian or a coastal border?” asked Heiden.  “By this definition, Border Patrol can stop anyone anytime anywhere in Maine for no good reason.”

In June, the MCLU launched an investigation into the effectiveness of the border patrol checkpoint.  The MCLU has received complaints from across the State including three youth detained for almost an hour and repeatedly interrogated as to whether they might have any drugs, which they did not, and an MCLU volunteer lawyer returning from a trip to Millinocket with her boyfriend.  In addition to problems in Old Town, the MCLU has received numerous complaints about Border Patrol behavior in Aroostook County, where Maine residents report being harassed by agents and accused of crossing the border illegally.

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