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PORTLAND - The Maine Civil Liberties Union plans to launch an investigation today
into the temporary Customs and Border Patrol checkpoints set up in April and last
year in July and September on Interstate 95 in Old Town.
Using the federal Freedom of Information Act and Maine's Right to Know Law,
the organization is seeking to discover the nature of the stops and to investigate
potential violations of the Fourth Amendment of the U.S. Constitution.
The Fourth Amendment protects people from unreasonable searches and seizures.
"None of us want to live in a checkpoint society, where we need government
approval to run errands or take trips," Shenna Bellows, MCLU executive
director, said in a press release issued Monday. "This seems like another
example of government harassment of law-abiding Americans who aren't suspected
of committing any crime."
Efforts on Monday to reach the public affairs office for the Houlton sector
of the U.S. Border Patrol for reaction to the MCLU's efforts were unsuccessful.
Last year, a spokesman for the Border Patrol said the primary reason for the
stops was potential terrorist threats, but that none had been uncovered.
The U.S. Supreme Court has held that law enforcement may engage in suspicionless
searches at the border itself. The Border Patrol has interpreted that to mean
it may stop motorists anywhere at anytime within 100 miles of the border.The
MCLU is questioning whether suspicionless checkpoints near Old Town are a good
use of government time and resources.
"What part of Maine doesn't lie within one hundred miles of the Canadian
or a coastal border?" MCLU staff attorney Zachary Heiden asked in the press
release. "By this definition, border patrol [agents] can stop anyone anytime
anywhere in Maine for no good reason. We all want the police to catch people
who break the law, but none of us wants to live in a police state."
The complaints already received included one from three youths 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 fishing
trip with her boyfriend.
In conjunction with the investigation, the MCLU has launched a special Web
site to collect information about those who were stopped last year and in April
at the Old Town checkpoint.
The MCLU has requested that the government turn over copies of its policies
and practices governing the operation of the Old Town checkpoint, as well as
information about exactly who has been stopped and searched.
"We're asking the Border Patrol to produce justification for what seems
to be virtually unchecked authority," Heiden said. "While individually
these intrusions may seem harmless, over time we are chipping away at people's
right to be left alone."
A federal judge in Bangor has expressed similar concerns.
U.S. Magistrate Judge Margaret Kravchuk earlier this year recommended that
evidence obtained at a similar stop in the same location be suppressed.
"... [A]lthough I recognize that the intrusion upon an individual's right
to travel the highways without interruption is minimal," Kravchuk wrote
in her opinion, "the government simply has not demonstrated that its operation
of the Old Town checkpoint appreciably advances any legitimate public interest."
Her decision is subject to review by U.S. District Judge John Woodcock.
A hearing is scheduled on the matter for July.