Law Enforcement: Traveling From Anywhere To Anywhere Is Suspicious Behavior
from the a-nation-of-300-million-drug-dealers dept
Want to travel from anywhere to anywhere in the United States without being hassled by law enforcement officers? Good luck with that, citizen.
USA Today's Brad Heath pointed out an interesting footnote in an asset forfeiture filing that made the assertion that traveling from Chicago to Los Angeles is inherently suspicious. (One presumes the opposite is also true.)
If you can't see the embed, the government's footnoted assertion reads:
Chicago is a known consumer city for narcotics and Los Angeles is a known source city where narcotics can be purchased.Also of note: suspect had a backpack, an item used to carry stuff -- something no legitimate traveler would possess.
Turns out this sort of ridiculous assertion isn't limited to this particular filing. Law enforcement agencies are of the firm belief that traveling between any cities where drugs might be "consumed" (which would be every city in the US) and any cities where drugs might be sold (again, the list is long and inclusive) is a healthy indicator of drug-related activity.
The following map lists "known" drug "source" [red] and "destination" [blue] cities, along with links to relevant court filings or statements by law enforcement officials. Pretty much traveling from any large city to anywhere else could be construed as a drug run.
Even though the courts are sometimes unimpressed by this facet of reasonable suspicion, it's still routinely used to justify searches of all things.
US v. Green
Once we discount the facts with which we find weaknesses, we are left with Green's arrival on a plane from a known source city, and her vagueness about the purpose of her trip. These facts are insufficient to demonstrate a reasonable articulable suspicion of criminal activity.US v. Newland
Given that nearly every stretch of interstate is considered a drug corridor, the fact that a stop occurred on any such route is almost meaningless. See United States v. Wisniewksi, 358 F. Supp. 2d 1074, 1093 (D. Utah 2005) (“[T]raveling on a ‘drug corridor’ cannot reasonably support a suspicion that the traveler is carrying contraband. To so hold would give law enforcement officers reasonable suspicion that every vehicle on every major—and many minor—thoroughfares throughout this country was transporting drugs.”), aff’d, 192 Fed. App’x 749 (10th Cir. 2006). Furthermore, because of courts’ willingness to designate various cities and states as “source” regions for narcotics, it is likely that most major roads in this country could be considered drug corridors. See Foreman, 369 F.3d at 795 (Gregory, J., concurring in part and dissenting in part); United States v. Beck, 140 F.3d 1129, 1138 n.3 38 (8th Cir. 1998) (citing cases recognizing, inter alia, Colorado, Texas, Florida, Arizona, the entire West Coast, New Jersey, New York City, Phoenix, Fort Lauderdale, Houston, Chicago, and Dallas as drug source cities or states); State v. Quirk, 842 N.E.2d 334, 343 (Ind. 2006) (“[C]onsidering the substantial number of states and cities that have been designated as sources of drugs, a motorist, in our highly mobile society, would be hard pressed not to travel either from, to, or through a drug-source jurisdiction.”).Speaking of which, if you're not flying, you're probably driving. Nearly every major highway in the US can be considered a "drug corridor," depending on who you ask. These "drug corridors," also known as "interstate highways," are prime trolling spots for asset forfeiture. Traveling along these roads subjects out-of-state travelers to instant suspicion and warrantless searches, simply because these roads are also used by drug traffickers. Good luck avoiding using one of these highways during a road trip.
Now, some of you might be saying, "Every one of these cases cited resulted in a law enforcement officer finding drugs! They're right to be so suspicious!" Well, arrestees have more motivation than most to challenge the constitutionality of a search. Many innocent people who have been illegally searched simply because they're on one of these roads/in any major airport won't file a lawsuit. In fact, many people probably believe law enforcement has the right to search people and vehicles simply because of their originating cities and/or destinations. On top of that, many searches and seizures are tied to asset forfeiture, where no conviction is ever obtained and the amount of money seized suddenly seems unimportant when a lawyer informs someone they'd need $5000 or so to even consider fighting the uphill battle to liberate the seized funds.
And if you don't believe me, here's Eighth Circuit Appeals Court Chief Judge Richard Arnold -- from all the way back in 1992 -- explaining the dangers inherent to viewing travellers as drug traffickers simply because of where they're going or where they've come from.
The White opinion is less than three years old, and none of our cases decided since that time has questioned it or thrown doubt upon it in any way. There are differences between the present facts and those in White, to be sure, as there always are, but the differences, on balance, do not place this search and seizure appreciably closer to the line of legality than what happened in White. Like Weaver, White was “very nervous,” he arrived from a source city, the flight was early in the morning, and White had no checked luggage. Some of the facts in White, indeed, appear stronger than the present case: for example, White had purchased his ticket with cash, and it was a one-way ticket. The agents did not know whether Weaver had bought his ticket for cash or not, or whether it was one way. Weaver did not have a copy of his ticket, but sometimes innocent people lose their tickets, to say nothing of ticket coupons which may be of no further use to them. I have lost tickets myself. Weaver had no identification, or at least declined to produce any, but this was his undoubted right: we have not yet come to the point in this country (except maybe in airports) when citizens must identify themselves to public employees.This is America, post-declaration of (drug) war. This has been 40 years in development. Now, we've added the faulty assumptions of the post-9/11 "national security above all" mindset to it. Traveling from anywhere to anywhere is to invite the suspicions of our nation's domestic "warriors" who patrol our airports and highways, ever-vigilant for the opportunity to rip open luggage or toss a rented car in hopes of finding drugs… or better yet, cold, hard cash.
[...]
Airports are on the verge of becoming war zones, where anyone is liable to be stopped, questioned, and even searched merely on the basis of the on-the-spot exercise of discretion by police officers. The liberty of the citizen, in my view, is seriously threatened by this practice. The sanctity of private property, a precious human right, is endangered. It’s hard to work up much sympathy for Weaver. He’s getting what he deserves, in a sense. What is missing here, though, is an awareness that law enforcement is a broad concept. It includes enforcement of the Bill of Rights, as well as enforcement of criminal statutes. Cases in which innocent travelers are stopped and impeded in their lawful activities don’t come to court. They go on their way, too busy to bring a lawsuit against the officious agents who have detained them. If the Fourth Amendment is to be enforced, therefore, it must be by way of motions to suppress in cases like this.
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Filed Under: asset forfeiture, doj, probable cause, suspicion, travel
Reader Comments
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Kind of sad, but expected.
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Talk about grasping at straws...
I see backpacks all the F'n time, at airports, bus stops, train stations, and even damn near every school!
(If that was sarcasm, sorry that I missed it, but backpacks by themselves should not be probable cause for any stop.)
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One Question
I enjoy reading your articles and the flurry of outrages and questions alike that I go through when reading about these disturbing events (which is great as it's needed), however, I don't think this is America anymore.
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Dear Mr Cushing....
/end sarcasm
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Umm, what's LDS?
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Parallel construction
And so this will be their official story -- even if it means lying under oath.
On the other hand, that's not to say that all cops that appear to be playing dumb are sly as a fox. Many cops really are complete idiots.
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Re:
https://www.aclu.org/blog/speak-freely/nypd-says-trust-us-potentially-dangerous-x-ray-vans-roam ing-streets-new-york
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You have 20 seconds to comply...
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This is not America
Citizen?
There aren't many American citizens remaining in the once was republic. The majority of the population appears to be well conditioned serfs who willingly genuflect to the criminally insane, their masters, the "officials" and "authorities" infesting all levels of government when commanded to do so (some are so well conditioned they genuflect without being ordered).
America..... America.... where have you gone?
https://www.youtube.com/watch?v=MJRF8xGzvj4
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Re: This is not America
Far far from the mainstream. Behind vpns and tor exit nodes will you find us. Not a single vote cast for an oligarchy posing in sheep's clothing. Waiting, waiting, waiting.
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_____
* - OK, it's called Social Anxiety Disorder now, but I'm old-fashioned.
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Re: One Question
Over 90% of the policies passed by our so-called democratic republic (which is a misnomer) in the last 30 years have been to no benefit to the public...Surely there's a good reason for it? /End_Sarcasm
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Re: Dear Mr Cushing....
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https://www.youtube.com/watch?v=Azf320JDdqU
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https://www.youtube.com/watch?v=lAzh28nEoWU
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Traveling to the source?
In their twisted minds, they might suspect travelers to LAX of having money to purchase drugs, but there's no law against domestic travel with cash. Unless they hope to find a little note tied to money saying, "For the purchase of illegal drugs", what do they hope to accomplish by searching people traveling to a supposed drug source?
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Re: Traveling to the source?
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Re: Re: Traveling to the source?
Coming to a society near you:
"not watching ads or socializing on facebook et al while holed in is a sheer sign of terrorism"
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And when a police officer stopped me with a few grams of weed he told me to smoke a cigarette to calm down. Then while we were smoking he told me that weed is really really bad for my health. *true story*
Now, if you excuse me. I have to calm myself down with a few packs of cigarettes and 2 bottles of vodka because those things are harmless.
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Re: Talk about grasping at straws...
But yes, I can see a backpack as an indicator of low income, thus less likely to be able to afford defense in court.
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LDS
It's the legal but less effective hallucinogen when you cannot get (or risk) lysergic acid diethylamide.
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Too much LDS
An overdose epidemic continues in Utah.
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Re: Re: One Question
Only now we have enough history to see through the fantasy of government by the people.
I just hope we figure out how to do better before the revolution ends.
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Re: sarcasm with movie references
Go watch it.
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Re: sarcasm with movie references
Go watch it.
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i thank you, sweet lord, for allowing me to live in this place before it went mad. they will be faint, but i will have my memories.
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Or, illicit drug use is so ubuiquitous (or easily mfgr'd), you may find illicit drugs on everyone you arrest. Feature! Hell, plant some on them. They're likely hippies/minorities anyway (aka nobody).
Prohibition v. 2. They learned from v. 1: how to implement a police state and blame it on saving the public from "Demon Rum", or whatever else comes up.
It's just how Caesar rules, and has done for millennia. We should be used to it by now.
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How Caesar rules...
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Re: LDS
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freedom of travel
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'Merrica' The biggest monger that ever was...
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Oh, wait, that didn't happen? And Colorado is bringing in tons of tax revenue from the sale of pot? And the number of people in prison has been reduced since they're not arresting casual pot users?
Nah, it's definitely a gateway drug.
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Hegel Theory
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Re: LDS at Berkley
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Too much Hippy LDS in America
An Underground Education by Richard Zacks presents a solid case for the Mormon Dogma being used by Brigham Young as a mechanism to hook up with young women (by convincing them that Jesus requires them to have sex with him right now), but I'm pretty sure that's standard protocol for any charismatic cult leader.
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The end of law
Which is mostly okay so long as we have wise rulers (even Julius would bury his enemies). But a couple of Caligulas and Joffreys (or worse, Tomlins with Cerseis behind them) and we'll rapidly be reminded why we tried to get away from all that.
Talk about one step forward, three steps back.
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Someday
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Re: Re: Traveling to the source?
They search people coming in at the source because then they can arrest the money and let the person go.
This guy messed that up by actually having drugs instead of the cash they were looking for.
Remember, you need to keep your eye on the "asset forfeiture hand" not the "war on drugs hand"
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Re: Spelling test
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Re: Talk about grasping at straws...
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Dubai city tour
How it's possible travel is blocked.
Being in Business of tourism and travel in Dubai it will indeed effect our business.
Br,
Dubai City Tour
http://www.busrentdubai.ae/dubai-city-tour/
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Re
There is detail explanation about this issue in https://jjsparkinn.com
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Nepal Trustworthy Travel Partner
Do remember us to travel in Nepal for adventure activities: https://www.karmaecoadventure.com
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