US Border Patrol Warrantless Break In, Pine Valley, California 31 May 2013, Inspection Checkpoint
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- เผยแพร่เมื่อ 23 มิ.ย. 2013
- US Border Patrol Warrantless Break In, Pine Valley, California 31 May 2013, Inspection Station Checkpoint,
On 31 May 2013 without Probable Cause or a Warrant, Agent B. Blanchard broke into Robert Trudell's sealed driver's door window. A plain clothed Agent along with Agent A. Magana searched the Trunk which Agent Blanchard pushed to close while asking if they had a Warrant. Agent Magana confirmed no Warrant or Probable Cause existed saying they were conducting a Weapons Search. Police Officer D. Miesen photographed an "ein Berliner 9" documentary movie prop badge from the trunk to submit to the Terrorism Liaison Unit. Agent A. Corpuz searched the passenger compartment and glovebox where U.S. Customs & Border Protection removed a powered down GM Business Phone assigned to Robert Trudell. Asset Forfeiture Office Paralegal, Jim Elam, refused requests to return General Motor's property which interfered with business communications. Agent B. Blanchard failed to clearly provide Orders to Robert Trudell and his subordinates resulting in an Illegal Search & Seizure by him and those in his command.
U.S. Customs and Border Protection along with the Terrorism Liaison Unit conspired to Willfully violate Robert Trudell's Copyrights to further the Identity of contracted partners including the Astroturfing CBP Agent Michael Flanders, CopBlock.org's Pete Eyre and CheckpointUSA.org's Terry Bressi. Their efforts create a false front encouraging criminal behavior and trapping those they lure into their net, manufacturing characters the public loathes and spreading widespread fear and myths to manipulate public behavior. Agent Flanders and Terry Bressi both directed Trudell to an Intern Lawyer, Mitra Ebadolahi with the ACLU while he remained under CBP arrest. Mitra Ebadolahi passed fake Whistleblowing Agent information onto Trudell furthering Flanders' false identity.
Seizure of his Property without a Warrant or Probable Cause left him fearful Agents would Seize his Property again while retrieving the originally Seized Equipment.
DHS Checkpoint Refusal, Campo Border Patrol Station: • DHS Checkpoint Refusal...
FOIA Requested Case File: • Case File, U.S. Border...
yuma310.com/border_dance.htm
8hrs into my detention, they read me a charge of not complying with an order.
I was never given anything in writing. When they released my 11 cameras, computer, iPod and phone 21 days later, the Border Patrol's Paralegal said there were no charges.
I was given a SF-95 Tort Claim Form to file for financial damages. The window was $125, the camera lens he hit in the same shot was $2000, tow and impound fees $666.83, hotels $200, taxi $160, $2400 cams, lost income due to seizure $12,000...
--Rob
Glad to see this whole not breaking under interrogation thing is working out for you ☺️!
@@smack9835 The seizure of GM's Business Phone ended up initiating a long dreamed of Permanent GM Retirement which pays 100% pay the first year, 75% the second and 60% till I'm 65-years-old and includes healthcare plus employee vehicle discounts.
Retired at 49, oh yeahhhh, with pay...
lmfaooo
They violated my 1st Amendment Rights by confiscating my cameras and media which prevented the timeliness of the news and prevented me covering the event I was going to film in Laguna Woods, CA.
They violated my 4th Amendment Rights by searching and seizing everything I owned absent of a warrant or probable cause.
They violated my 8th Amendment by holding me handcuffed for 6 hours and detained for 10 with no justifiable reason.
You know the answer the the final question.
--Rob
I was heading to a Ping Pong Tournament to film it.
I can't leave my City of Yuma without going though an Internal Border Patrol Checkpoint.
I've been through this and several other Checkpoints doing the same and this was the first time I wasn't waved through.
I've done the same many times after and have been wave through each time as well.
It's not what I expected, its what I hoped for.
--Rob
Thank you for your courage in helping to maintain my rights. You are a patriot. Respect,
Nice cameras dude. Maybe you could spend some of that money on law school instead so you can actually know what you're doing.
Vo Nu What am I doing?
I thought I'd run a practical test using the advice written on the back of a lawyer's business card.
The cameras were for filming a Table Tennis Tournament.
Tu quoque, Brute? It's irrelevant. It doesn't take an expert to spot a hack.
They searched the trunk, raided my glove box for my U.S. Passport and Business Phone, and confiscated a phone that didn't belong to me and wasn't on my person.
That was Warrantless and the Agent who broke the window told them the same.
--Rob
Press charges for what?
The thing that bothered me most was them taking my media and cameras for 21 days.
Being handcuffed for 6 hours was also torturous and hurt.
Being without a toilet for 10 hours wasn't a joyride either.
--Rob
That wasn't a joke.
My cause is to capture documentary photos and videos and learn about people, things and the law along the way.
I was trying to tape a spectacular opening for my Border Patrol Checkpoint Documentary Film and we decided a shattered window would look cool.
--Rob
Law Enforcement Officer.
"A peace officer or law enforcement officer in North America is any public-sector employee or agent whose duties primarily involve the enforcement of laws."
--Rob
They gave me a SF95 Tort Claim Form in the brown paper bag of Asset Forfeiture Receipts, Shoelaces, ID, US Passport, and Credit Cards.
The form encourages me to file for financial damages from the Government and provides an address to send it to.
I was set on foot and found my car & clothes 3 days later. Got it out of impound for $666.
My cameras, computers, and phone were held for 21 days while they tried to get a Warrant to view them.
The ACLU is providing guidance, advice and assistance.
The had probable cause to search the vehicle, due to the suspicious nature of the drivers uncooperative and hence beliligerant behavior in ignoring requests while the window was rolled up, thus hindering communication.
The Agent that broke the window warned those searching the trunk that they had no warrant to do so and they replied it was a weapon's search indicating no Probable Cause existed.
--Rob
chong li
They don't need any reason to Stop everybody at this internal Checkpoint. They need Probable Cause or Consent to do a Search. I left my window up to indicate I didn't consent to a sniff search and remained silent to indicate I didn't consent to an accent search.
This is how everyone should go through these illegal checkpoints.
Yes, I showed him my hands and kept them in the clear on his request. That was the only thing I heard while sitting there -- "Let me see your hands." and "Both your hands.".
I demonstrated what was in the transparent bag and he knew what it was.
I was trying to set up a camera in the area they congregated to avoid being filmed.
--Rob
The courts have ruled that he needs to stop at the checkpoint, but he has no legal obligation to roll down his window, talk to agents, answer questions, or acknowledge their existence whatsoever.
What happened after the camera cuts out? Did they give you any charges, or release you? Did they pay for the window, or is that gonna be a court case?
I haven't seen any charges yet. They held the equipment while they tried to get a warrant to view it.
They brought me to a permanent detention facility, and told me I'd be staying there for the night.
Perhaps that's why the car was towed and impounded.
I bought a spare window the month prior and Geico installed it for free. They would have paid for it as well.
I was given a form to file for financial damages.
--Rob
No. They were in sealed bags while they tried to get a Search Warrant and while they waited for some type of Charge to be filed against me.
I haven't heard of or seen any charges other than the 1 remark mentioned after 8 hours of Detention.
--Rob
How about telling us what the outcome of these situations are. You're shooting 3k+ videos, but you don't have any commentary. If you do this to get a rise out of people, you are doing a good job, but have a purpose. We all get that there is a violation of our Constitutional rights, but some of us want to know what the outcome of your illegal detainment, warrentless search have resulted in.
I plan on submitting a SF-95 Tort Claim for $491,400.
I'm allowed 2 years to apply through this administrative process to recover my actual financial damages they caused during the incident.
--Rob
I listened to a Judge explain petitioning them without an actual violation isn't valid.
They need someone's rights to actually be violated before they can rule.
--Rob
wait a minute, I thought we beat these guys in 1945!
They held me handcuffed for 6 hours, detained for 10.
They seized my car, clothes, cameras, computers, and phone and set me on foot in El Cajon, California at 10:30 that evening.
I was given a SF-95 Tort Claim Form to file for financial damages.
I found my impounded car the following Sunday and my cameras, computer and phone were held for 21 days while they tried to get a search warrant view them (as evidence against me for not complying with an order).
There are no charges against me
--Rob
When are you releasing the edit with all 17 angles? Can you make one of those slow-mo pan-around shots like in the matrix of him punching the window?
My intention was to follow a few items from a card given to me by a lawyer.
1 item said "Never consent to a search." and I didn't consent.
Going into this, I intended to follow all direct orders.
--Rob
Press charges for what??
You just said it:
The thing that bothered me most was them taking my media and cameras for 21 days.
Being handcuffed for 6 hours was also torturous and hurt.
Being without a toilet for 10 hours wasn't a joyride either.
You don't feel like this was abusive to you?
There is a link in the Description area that provides 2 Documentary Film listings at the top of the webpage.
I also have them on my TH-cam Playlist.
The 1st is from 1 April 2013 and the 2nd from 4 July, 2013.
--Rob
what I don't understand is that you don't communicate at all....state your rights. I mean, I know you don't have to (debatable) but your car wouldn't get broken if you did. You are clearly provoking at this point. have you had a successful lawsuit yet? or is there another reason? I am grateful for you reminding us of our rights but I don't see why you need to go about it this way
modcraft13 They know my Rights.
I remained silent so I wouldn't reveal my accent and left the window sealed as part of not consenting to a sniff search.
I spent 2 months trying to get the window broken and wasn't passing on the opportunity when it presented itself.
I filed a Tort Claim and received a recent reply to file in Federal District Court. Here it is: ajorocks.com/tort_claim_denial.htm
I'm looking for a lawyer.
"I am going to make a wild guess that you refused to comply with legal requests which gives them probable cause to break your window and drag you out."
An awful lot of assumed hate and assumption mongering. Those "entitlements" that he is "feeling" are called "rights".
Thanks for the reply Rob! Hope this pans out well for you. Also, thank you for standing up for our rights.
does this guy work for gopro?
I have.
There is no choice if I want to leave the City of Yuma to go through a Checkpoint.
I was ready to turn around and go through this same stop the minute I passed it. I wanted more cameras since they confiscated the 11 I had, so I bought 6 more.
I've got 17 now.
--Rob
being uncoperative does not give probable cause..these check points have the authority to stop and ask u but have no authority to detain u are search ur car...u do not have to answer and they can not use your right to remain silent as probable cause..
Even if that absurd idea was correct it is of no issue.
If the Agents have no reason to believe I'm in the country illegally, they should wave me on.
The valid U.S. Passport they illegally seized from my glovebox should have given them a clue.
My drivers license they groped in my pocket for should have hinted toward something.
They can't violate my 5th Amendment when I don't say anything.
They did violate my 1st, 4th and 8th Amendment rights.
--Rob
I'm filming Checkpoint Documentary Films and I thought this would provide a spectacular beginning .
I wanted them to break the window open for the Opening.
--Rob
"...have the mindset of a soldier, but you're not in Iraq." From that statement it's clear that soldiers don't have minds to be set, so it must not take much.
Irony alert... Are you sure it was the driver with cameras at a ROAD BLOCK who was looking for trouble? It was my understanding that the purpose of the ROAD BLOCK was to "look for trouble".
I'm seriously starting to doubt that people understand the words they are using... It's legal for him to drive on public roads, it's legal for him to film in public spaces, it's legal for him to remain silent. It's been decided at the supreme court level. How exactly did he cause anyone any trouble?
You are making a Documentary? I subscribed. Can't wait to see it. When do u think it will be out by ?
Having cameras is not necessarily illegal unless the state (or city, what have you) have a standing law against it.
The cops didn't break his windows because of the video equipment. They did it because instilling fear and asserting authority will keep others from doing likewise, meaning, no more descent.
Not rolling down windows is not ignoring em.
And why the heck are they decked out in military colors?
Anyone know?
I offered to buy lunch for others that'd join me on other trips.
People suggested they never stopped me because I was white. They finally did.
--Rob
Hey Robert - I travel on I-8 twice a week and never consent to a search and never pull over into secondary. They have not busted out my window ever - why did they single you out?
What made you imagine they would bust out your window? Are you telepathic?
I don't think I'm telepathic, in fact once my Verizon phone was confiscated, it hasn't turned back on again.
Perhaps since the phone was off while I drove through, they weren't able to establish enough information on me. I'm not sure why it was confiscated from my glovebox and held for 21 days.
--Rob
So what happened, can u give us an update?
The ACLU is viewing this incident and providing guidance.
--Rob
Yeah this is not at all suspicious,a guy not cooperative and taking pictures at a checkpoint 10 miles from the Mexico border.
so what was the outcome of this event??
Hey, you're not alone on that. When I first saw "LEO" I could tell by the context it was referring to police. I was worried it might be a derogatory term like "pig" so I never used it.
I learned that it means "Law Enforcement Officer". I'm not sure but I believe it refers to anyone enforcing that law so not exclusively reserved for police. Border patrol applies and probably other LEO's that I'm not aware of.
good job keeping your cool and exercising your rights, without people like you authorities would take all kinds of liberties without a second thought.
If they will do that when they know that they are on camera, imagine what they will do when they think no one is watching.
I kept my accent to myself.
They listen for that at these Immigration Inspection Stations.
--Rob
And were can on find this fine line of law?
You know he was trying to not waste tax dollars by asking if he could keep moving, instead they forced him to stay and broke his car window. Now they might be sued which will be even more tax dollars.
What did this checkpoint prevent by doing that?
"The claim and exercise of a constitutional Right cannot be converted into a crime."
OBSTA PRINCIPIIS: Withstand beginnings; resist the first approaches or encroachments.
The Films are posted on my Playlist.
The guys thought the 1st one started out too slow and suggested I put highlights first to grab the audiences attention.
--Rob
I'm assuming that they attempted to delete the videos and photos?
The placed everything in sealed bags and it remained sealed till it was retrieved 21 days later.
The Agents kept squawking about how they'd keep my U.S. Passport because it was their property. I guessed they were saying that in hopes I'd talk with them during the 10 hour detention.
so how did this story end .. a little info would be nice. Did they pay for the damage?
Thanks. I worked at it for 2 months.
--Rob
I keep them sealed tight to prevent sniffing devices.
Aftermath - 10 hours detention, 6 hours handcuffs, car, cameras, computers, phone impounded. Set on foot in El Cajon, California at 10:30 that night 200 miles from home and 100 miles from Laguna Woods destination.
I returned 21 days later to retrieve my cameras, computer and phone.
The car was retrieved for a $666 impound fee at the end of the Weekend.
Video detail and log at yuma310 [dot] com/border_dance.htm
--Rob
So what were you charged with?? And did you invoice them for your shattered window? Did you sue them?
I think he might have been bating the officer. In fact I'm sure he was.
But yes, there is nothing that says you have to make eye contact with an officer or even talk to them.
You are only required to provide your name and birth date if and only if you are being legally detained or arrested. For a legal detention LEO must show that he had articulable reason to believe you have committed, are about to commit, or are committing a specific crime.
This is our protection against general warrants.
They released me at the Bus/Train/Taxi station. I didn't want to talk with any undercover Agents that might have been there, so I jogged about 1/4 mile in the other direction.
As I ran down the street 1 guy yells to me "The cops are everywhere."
Later I buy a Orange drink at a Middle Eastern place and as I'm waking away with it in my bag of Asset Forfeiture Receipts, 2 guys threaten to take what's in my bag.
I thought it'd be funny when they found out what it was.
--Rob
Wow your paranoia knows no bounds.
So how was the middle eastern orange drink?
@@smack9835 Fizzy.
@@smack9835 Fizzy Bubblech Orange Drink: th-cam.com/video/laKOJ9c25Do/w-d-xo.html
The cameras roll for hours following to a ding, ding, ding sound.
I'm detained another 9 hours, handcuffed 6, introduced to a toilet 10 hours since leaving Yuma.
My car is Impounded. My Cameras, Computers, Phone are confiscated for 21 days.
I'm set on foot in El Cajon, CA at 10:30 that night with ID, Credit Cards and shoelaces in a brown paper bag that holds receipts for my Forfeited Assets and a SF95 Tort Claim for to file for damages.
--Rob
5:30 for the part where lawyers all started dancing at once.
I only had 11 at this time. I was going to film a Ping Pong event and I'm also making films of the road, and Documentary Films on Checkpoints.
Yes I was hoping they'd break the window open for an exciting start of the film.
--Rob
I thought if I got what I deserved it made me smart.
I was looking for a good intro to my Checkpoint Documentary Film, this is great footage.
--Rob
we need people like you to keep these guys inline
Did you sue them?
I filed a Tort Claim to recover the $724,099.24 of actual damages they did. CBP denied the claim and I was unable to find a lawyer to help me file in Federal District Court. www.ajorocks.com/sf95_tort_claim.htm
I tried filing myself on the deadline date and ran into technical problems.
Nobody has that coming. Without reasonable articulable suspicious of a crime, an officer cannot detain, arrest, or search you. This is a complete violation of this guys rights and these officers should be stripped of their ability to use for on any citizen from now on. You forfeit this part of your job when you abuse power.
I don't doubt that it will be taken out of context too. Fantastic journalism.
He was. He refused to comply with orders from federal agents, was taking pictures, and refused to talk to police at all.
I'm working with the ACLU regarding this incident.
No suit has been filed yet.
--Rob
Would you go through it again?
Of course. Break it Open: th-cam.com/video/UKbh8bCeYDI/w-d-xo.html
Since you have like 4 gopros recording, you should do a matrix effect of the guy breaking your window in. That would be really cool.
So did he sue or did he just make a fool out of himself ?
I'm filing a Tort Claim to recover the $711,499.92 of actual damages the Agents did. That portion is a Zero Sum Gain.
The true benefit comes in the ad revenue I earn from capturing the scene on film.
Robert Trudell To be honest with you, I'm kind of in awe at how you could say something like that and not feel like an utter sleeze ball. Or maybe you do feel like that and you're just okay with it.
I always thought guys like you were doing these stupid shenanigans for the money, not for any real meaningful reason other than that. Thanks for confirming that for me. I will no longer look at you with confusion, but instead, disgust and disgrace as a fellow human, at the intentions of these actions.
Glad to hear your tort claim got denied. Good luck finding a lawyer. You've done nothing but bring a lot of trouble upon yourself and those around you, with the hope of some big, unjustifiable payout.
I've been reading your comments. You seem to have educated yourself on this topic. Please tell me what a LEO is, I've never seen that before. Thanks.
The Border Patrol offered to pay financial damages with a Tort Claim Form they gave me.
The window was $125. Geico installed it free.
My actual financial damages from this incident are closer to $20,000.
--Rob
Ok great. Best of luck. Please provide an update (good or bad).
I commend you on maintaining your composure thru it all.
I look for images, not lawsuits.
I seek Freeway passage, not stops and speedbumps.
--Rob
Will you press charges? I hope so, as sometimes the government only learns by that method.
So was this legal of them to destroy his window?
There are differences for Internal Checkpoints like these versus actual Border Crossings.
--Rob
That's right... a true patriot doesn't give out personal information to strangers.👍
The concern here is placing higher in the 2nd Yuma Film Festival.
Whats the update?
Crack Efron he wasted everyone’s time and had to call Safelite...🤣😂🤣😂
so what happened after that? are they getting into trouble for what they did??
Please prosecute them for abuse of police powers and thank you for reporting on this.
I submitted a complaint with the California State Bar against the ACLU for working with the Terrorism Liaison Office and DHS on this case as a couple Federally certified lawyers recommended. th-cam.com/video/JzIJApIXB9U/w-d-xo.html
The State Bar followed up asking how I was injured and I couldn't come up with anything. It seemed like a benefit learning the ACLU was directed by their National Security Advisor, Michael German, to sacrifice Constitutional Rights for National Security. th-cam.com/play/PLw-R8RJCNtj_WaXLkg0p76oHNHT4iX46s.html
Keep up the good work Robert. Our rights are not negotiable. I'll be looking forward to seeing your documentary when you finish it.
That evening it cooled down to the upper 50's.
I bought some warm clothes to walk the streets of El Cajon in.
--Rob
what type of car is this ??
A 2013 Chevrolet Spark.
--Rob
Nice i was hoping on getting one myself so i could pass my drivers test and allso because i dont really like big cars how much did it cost with taxes ??
I recall it was 12250 for the base model, I got the 1st step up for another $1500 and with tax, title, plates, insurance and finance fees it was somewhere around $15000.
The tax, title, insurance and plates were National City, California rates.
--Rob
Did you pay you back for the damage?
They said they would and the ACLU lawyer the Terrorism Liaison Office directed me to with their fake Whistleblowing CBP Agent suggested they'd make an out of court settlement offer.
Law Enforcement suggested they'd provide any type of cuisine and woman each night of the week along with a $200,000 per year salary to work with them while recommending I keep quiet about the ACLU's cooperation in this DHS investigation.
I also received an offer to work at the GM Innovation Center by their manager earning $100,000 per year after U.S. Border Patrol flew him over my house.
So yes, these videos pay back the damages with their ad revenue as initially designed.
Sorry for the delay,
I don't think I said the Supreme Court is above the Constitution but if I implied that I apologize. There Job is simply to make sure that laws in the U.S. are following the Constitution. They have no power to override it.
Congress on the other hand, does.
Sorry for any confusion and Thanks for responding.
He used a center punch tool, not an elbow.
--Rob
you had it coming.
Yes.
--Rob
Thank you. It wasn't easy earning.
--Rob
I've provided a link in the Description area to my website that lists Raw video leading up to this. The videos are ordered by date and this occurred on 31 May 2013. yuma310 [dot] com/border_dance.htm
The Raw video is at the bottom of the page. Edited videos are at the top.
I obeyed all their orders. I remained silent leading into this incident and during the entire 10 hours I was held.
I left my window up as my demonstration of not consenting to a sniff search.
--Rob
Can you sue them?
Thanks, it's what I was after.
--Rob
I'm doing it for Documentary Films on Border Patrol Checkpoints for the Yuma Film Festival.
I hoped for a dramatic opening like this.
--Rob
My understanding is that this is not a border checkpoint. It's an in-state immigration checkpoint. I may be wrong on that, and my comments are based on that understanding. I know this kind of thing happens in Arizona a lot. Assuming I am right in my assumption above, the idea that people have to start being checked like this within US borders is a dangerous path, and is not necessary at all. These checkpoints exist because of nativist attitudes (mainly on the Right), and are not constitutional
why?
Some of the other cameras pick up the conversation.
--Rob
Please update when any news happens. Good luck.
"for brief questioning of its occupants"
Except:
"The Fifth Amendment (Amendment V) to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure."
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury"
He didnt even break any laws.. So the question you must ask yourself is, If were willing to allow this here, than where else?