Sunday, November 16, 2008

“Border Patrol” or Marijuana Mania?

This post has nothing to do with whether the Border Patrol should or should not be conducting checkpoints away from the border. I already posted on that subject here and got plenty of responses.

This is about a medical marijuana patient (who was totally in compliance with Washington State laws) who got swept up in one of the Border Patrol’s checkpoints last summer. Stephen Dixon was cited for misdemeanor possession of marijuana, which Border Patrol agents found during a checkpoint search. The Border Patrol’s argument was that they were “just doing their jobs” and that federal law — which Stephen Dixon was in violation of — takes precedence over the Washington State law with which he was in compliance. OK.

But now, the U.S. Attorney’s Office has informed the Border Patrol that they will not prosecute this case, or any other misdemeanor drug cases brought to them by the Border Patrol. And they told the Border Patrol not to bother them with any more such cases.

So, the Border Patrol was doing its job, fully complying with the law. And the U.S. Attorney’s Office was doing ITS job — also in full compliance with the law — when they declined to prosecute this case because their limited time, money and manpower are needed for more urgent problems. End of story. Right???

Wrong. A Border Patrol “spokesman” — Jason Carroll — threw a screaming hissyfit over the fact that this medical marijuana patient will not be prosecuted.

Stephen Dixon’s injuries include: a severe leg injury while serving in the military in 1971. Ten years later he lost his other leg in a motorcycle accident. And he’s had several back surgeries since 1985. He said “I'm using medical marijuana to alleviate this pain.”

Again, Stephen Dixon served in the military. Was Jason Carroll ever in the military? I doubt it.

When a law enforcement officer (or “spokesman”) presents a case to a prosecutor, and the prosecutor decides not to prosecute the case — both sides have done their jobs. Jason Carroll: Get over it. Move on.

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26 Comments:

Anonymous Anonymous said...

I am really encouraged by the US Attorney's decision as well as the Port Townsend Police Department's decision to not take part in these unprecedented checkpoints. The ACLU has deemed northern Western Washington (the 100-mile zone) a "Constitution-Free Zone."

7:33 AM, November 17, 2008  
Anonymous Anonymous said...

Lovely thing, that patriot act. I for one totally support the uber police and salute them at every opportunity albiet one fingered. I even turn on the dome light if its dark so they can see it. Its nice to see the feds themselves viewing the BP as a worthless bunch.

9:48 AM, November 17, 2008  
Anonymous Anonymous said...

Good news- charges were dropped

Bad News- not because the Federal Government defers to the Citizens of Washington State to govern themselves.

BP says they will seek “alternative routes” to prosecute future cases.

Border Patrol will continue to go after medical marijuana contrary to Washington State law.

5:32 PM, November 17, 2008  
Anonymous Anonymous said...

Sorry- I tried to post @ 2:38 PM Had trouble on my end. Alex

5:49 PM, November 17, 2008  
Anonymous Anonymous said...

On TV cop shows, when a cop gets too emotionally involved in a case, his supervisor takes him off the case. I don't know if this is true for real life police forces, but this border patrol agent should be removed from any cases that involve medical marijuana. He's obviously too emotionally fixated on this issue to do his job efficiently.

Better yet he should seek professional help and try to understand why he has this undying need to lock up a sick person who was using a legal prescription. i.e. get a life.

11:28 AM, November 18, 2008  
Anonymous Anonymous said...

Did you know that there are NO educational requirements for a border patrol rookie job. So it seems they can hire any monkey off the streets and give him or her a badge and gun.....which is obvious the all of us (potential terrorists) that drive our highways. I also applaude the Port Townsend Police Chief and the Jefferson County Sheriff for taking a stand. What was our police chief trying to dodge around with his statememnt? If you have any doubt as to the need for medical marijuana....please check it out...don't just say all marijuana is bad without educating yourself. I also agree with the last anonymous post above....you said it all.
Also....the BP spokeperson said they have cameras and motion sensors on all the beaches and in certain parts of the woods. They can take a picture of you enjoying a beach walk or a hike in the woods. They can also read the expiration tag number on your license plate. So....BIG BROTHER is watching us always.....George Orwell...you were right-on....sad to say.

2:37 PM, November 18, 2008  
Anonymous Anonymous said...

Assistant Patrol Leader and Doughnut Fetcher (second class) Jason Carrol doesn't seem to take kindly to being marginalized.

Of course the next step for controlling those evil doing citizens. My guess it will be either rendition to Gitmo or kangaroo court along side the road followed by summary execution and an unmarked grave.

6:24 PM, November 18, 2008  
Anonymous Anonymous said...

All you leftists are stoopid (note the 2 "o"s which means REALLY stupid)....
Sure, trash the BP...then when another terrorist such as Ressam comes callin' you'll all be whinin' about how the gubmint didn't protect your sorry a*#.

12:36 PM, November 21, 2008  
Anonymous Anonymous said...

Earth to Liz, this blog post was not about whether the border patrol should be having these highway checkpoints or not. The usual procedure is A) read and understand the post, and then B) comment.

The post and the newspaper article were about a narrowminded retarded border patrol agent who had a tantrum because the federal government is not going to prosecute an elderly medical marijuana patient who got caught up in a border patrol sweep. If you think the US Attorney's office is made up of "stoopid leftists" you're entitled to your opinion, as embarrassing as it must be.

3:29 PM, November 21, 2008  
Anonymous Anonymous said...

One of the lessons learned after September 11th, 2001 was that various government agencies involved in 911 were not good at communicating with each other.

It appears- in late 2008- this is still the case. The Border Patrol/Department of Homeland Security did not take time out to coordinate with the US Attorney’s Office.

To the public, this looks unprofessional.

Best case scenario- suspicionless, internal checkpoints would end. Until that time, we should see a statement from the Border Patrol: Documented medical marijuana patients- who are acting within Washington State law- will not be cited. Not because of a lack of interest in prosecuting such cases, but based on the principal that medical marijuana is legal in the State of Washington.

Some say that those who complain about checkpoints would be the first to scream if the Federal Government fails to keep us safe. The fail part has already happened. Leave us alone to go about our daily business- we’ll call when we need you.

Whatever happened to the idea of living free of fear and intimidation? The terrorists must be happy to be yanking our chain. Self reliant Americans have always had a sense of responsibility for their own security. They also know that they will not live in a completely safe environment- they walk tall anyway.

We must fight them over there-
 
so that we can have a Police State over here?

7:44 PM, November 21, 2008  
Anonymous Anonymous said...

Liz I've urged you before to get an eduction, and try reading a book instead of commenting on a blog. Please listen....you are starting to sound like the poster child for literacy education.

10:09 AM, November 23, 2008  
Anonymous Anonymous said...

Only 4 words necessary when referring to druggies...cuff 'em and stuff 'em.

10:58 PM, November 24, 2008  
Anonymous Anonymous said...

hey "supertrooper" what goes around comes around. Maybe someday you'll be old and deathly sick and some government agent will decide that your legal medical prescription is illegal, and you'll be dragged off in handcuffs in front of God and everybody. And maybe then you'll finally get it. Probably not though.

12:08 AM, November 25, 2008  
Anonymous Anonymous said...

The question we must ask ourselves is this: is "'em" really a word or not? Can I play "'em" in Scrabble or not?

5:51 AM, November 25, 2008  
Anonymous Anonymous said...

LOL...uh...marijuana should be and has ALWAYS been illegal...you probably think that LSD or Meth oughta be legal too. How about if your kids' school bus driver thought it was O.K. to smoke it for "medicinal" purposes??
My God will be happy that I didn't use illegal drugs.

9:37 AM, November 25, 2008  
Anonymous Anonymous said...

Peaceable, responsible, adult choices should be left to individuals to make. This is not to defend drug abuse- impaired driving, reporting to work under the influence, domestic violence, child abuse, etc.

Medical Marijuana is legal in Washington State.

Besides tradition- why is marijuana not just as legal as a glass of wine?

Because people are not OK with thinking in terms of freedom beyond their own personal choices. Because people see a worst case scenario, not a "use vs. abuse" issue.

Wine is an almost universally accepted drug.
Wine isn't subjected to government medical trials as it awaits approval for individuals to use, why is marijuana any different? Tradition?

So much talk of "The Troops" fighting to protect our rights and freedoms- it all works out OK as long as those "Freedoms" fit into some "one size fits all" federal mandate.

Marijuana regulation began in 1906. Prior to that it was legal.

If the terrorists hate our freedoms- they've got us right where they want us.

Alex USMC '79-'99
Port Hadlock

4:55 PM, November 25, 2008  
Anonymous Anonymous said...

What a great contribution to the community.

Kudos to the Border Patrol

Border Patrol Donates Computers to Washington School District
Bellingham, Wash. -- The Lynden School District in Bellingham, Wash. received an early Christmas present from the local Border Patrol sector Friday when 13 computer systems were donated to through the "Computers for Learning" program. This program streamlines the transfer of excess and surplus federal computer equipment to U.S. classrooms. The federal government is committed to working with the private sector to promote American education and make modern computer technology an integral part of every classroom.

Border Patrol agents from the Bellingham station delivered the computers to the Lynden School District office Friday. Lynden School District administrators said this donation will reduce shortfalls in equipment for student education in the current budget. The Border Patrol enjoys the support of the communities it serves and continually looks for ways to aid and assist them.

7:16 AM, December 18, 2008  
Anonymous Anonymous said...

Below is an interesting letter from a concerned citizen.

The interesting part about it is the writer is stating that the PT Leader has taken a stand against Border Patrol Checkpoints and the PT Leader has published the letter. By publishing that statement the PT Leader obviously agrees with it.

This validates an assumption I have had, that the PT Leader is a one-sided rag with an agenda.

What happened to un-biased news?

Should a newspaper pick sides on an issue?

If they pick a side, doesn't that effect their ability to report things straight?


Letter: Keep Border Patrol at the border
I was pleased to see The Leader take a courageous stand opposing the Border Patrol checkpoints and suggesting Congress find some other use for the $50 million now targeted to construct a new Homeland Security complex in Port Angeles.

I write this because it is evident that there are many in the community who believe opposing the checkpoints and a ramped-up Homeland Security presence on the peninsula is somehow surrendering our safety to the terrorists. We, as a community, must learn to protect ourselves from real dangers and use the appropriate strategies while maintaining the constitutional protections that separate us from authoritarian countries.

The Border Patrol checkpoints actually change the nature of our relationship to the federal government. Under the Constitution, the government must have probable cause to search individuals and seize any property they may have. The Border Patrol is currently pulling over thousands of individuals to find what appear to be a few illegal immigrants and some individuals carrying a small amount of marijuana. Their intent is also to find terrorists in the mix. While doing this, they have no information that any terrorist plot or individual is present on the peninsula. It is actually a fishing expedition.

At the border, the Border Patrol has the legal authority to ask individuals questions and detain those who may be carrying contraband or behaving suspiciously. This authority should remain at the border. If the Border Patrol has evidence that an individual or group of individuals are in this country to do harm, they have the legal authority to pursue and capture them beyond the border. The checkpoints are not necessary to defend us from terrorists.

Lastly, the increase of Border Patrol and Immigration and Customs Enforcement officers on the peninsula represents a new national police force in our community. Local policing has a long tradition in this country, and national police are something quite new. This concerns me because national police are what we most often see in authoritarian countries. We must protect our civil liberties to protect the nature of the country we love.

7:35 AM, December 18, 2008  
Anonymous Anonymous said...

Wrong. A Border Patrol “spokesman” — Jason Carroll — threw a screaming hissyfit over the fact that this medical marijuana patient will not be prosecuted.

"screaming hissyfit"

Do tell Mr. Harper, I want details. Where did this happen? I bet it was hilarious. Does anyone have video? You should post it online so we all can see.

6:27 PM, December 18, 2008  
Blogger Tom Harper said...

"Screaming hissyfit" was my own wording. But click on the article linked in the post and you'll see what I'm talking about.

10:59 PM, December 18, 2008  
Anonymous Anonymous said...

Mr. Harper<

FYI....

I served in the Army with Jason Carroll.

He is a veteran who served in Gulf war #1. Highly decorated Scout Sniper, Recon, Etc.

Don't be so presumptuous...

M Wolf
US Army Special Forces


Don't be so presumptuous

5:53 AM, December 19, 2008  
Blogger Tom Harper said...

OK, M. Wolf, I stand corrected.

I still think it's contemptible that Jason Carroll is so determined to keep going after that medical marijuana patient (and any other medical marijuana offenders who get caught up in a checkpoint) even after the feds told him they wouldn't prosecute this person and told him not to bring them any more medical marijuana busts. He needs to make up his mind whether he wants to be a prosecuting attorney or a border patrol agent. You can't be both.

But I do respect the fact that he served in the Army.

11:37 AM, December 19, 2008  
Anonymous Anonymous said...

UNRELATED TOPIC...Recently as I was traveling south on Monroe Road I was 'ambushed' by a school bus driver, who threw the paddle and turned on the flashers when I was darn near nose to nose with the school bus, which was parked in front of the shuttered elementary school. I know flashing lights and a "stop"
sign mean I should stop but even at 20 mph a stop at that point would've been pretty jarring and of course as all things clicked in my head I was passing the end on the bus (having scanned the scene for pedestrians) so I felt that "Eek" moment like when a light
turns yellow & timing's bad- and continued to intersection.
BOY!!! Was I ever suprised a week or so later when a Sheriff (I'm County) came to my door and asked
what kind of car I drove...I honestly never saw THAT coming.
Two things about this entire incident are really getting to me: first, the fine is $394.00 "Say Yes To Kids" levies every year, one of which got shoved through even though it failed, and a fine that could have a disastrous effect on a family around here no matter what the economy, plus the fact that the driver of the bus managed to get my plate number.
(Well, okay- that's 3 things.)

From the time the paddle was thrown (it was quivering like a leaf in the wind as I passed)
to the time I was by the bus and out fo range had been mere seconds.

To me, this indicates that the driver saw me coming down Monroe- the top of the hill where drivers come into plain view is over 1/10th
of a mile from where the bus sat-
and got my plate number beforehand.


The timing was exquisite, I must say, and the driver had done not a thing to call attention to the bus beforehand.

Once I found out the amount of the ticket I understood the need for a sheriff.
Now I live up Monroe; just about 2 miles up. I can see them leaving the bus depot from my yard. I pass buses and drive the school zone daily.
When we moved here we sank more money in locally than that bus driver sees in a year.
I give to ANIMAL causes locally- sorry but your kids are yours to take care of not mine.
I donate warm clothes and keep the Serenity Thrift in viable goods.
I lay low and pay my bills on time.
I shop downtown and have paid for both parking tickets promptly.

Anyway, I was and am offended enough to arrange a court date; not to argue the event but to question the validity of a ticket gained by 'entrapment'.

The whole thing happened so fast I wouldn't even remember exctly where the bus had been except that I remembered a black car stopping behind the bus- in front of the corner of the trailer park.

I have a really bad attitude towards bus drivers now- mostly because it was a really b****y thing to do, and the monetary penalty seems like just another way the school district around here has to fleece homeowners.

If anyone cares to comment on this I hope they will refrain from lectures about 'the value of the life of a child' as I am sure I would most likely have breaked for a child, had ther been one in the road, even if it meant being jarred and going sideways a bit.

9:06 AM, January 11, 2009  
Blogger Tom Harper said...

That's an interesting story. And chilling. Unfortunately I don't think anybody will see this comment. This post is old and is off the main page.

I'd like to reprint your comment as a separate post, if you don't mind. This kind of event seems to be getting more and more common.

7:31 PM, January 11, 2009  
Anonymous Anonymous said...

TOM- If it's my comment you're referring to...Please Do...I should probably sit in the bushes with a video camera at 15:00 hours every day and see if I can tape this practiced move.
I'm not sure if you mean my post though- the only thing 'chilling' about it is the $394.00 fine.
Well, that and the fact that the bus driver has a 'lie-in-wait' mentality.
Sorry to take so long returning to this blog...will now find main page and join the fray.
Thanks.

4:14 AM, January 14, 2009  
Anonymous Anonymous said...

A looser druggie got busted. WAAH. Go to a doctor and get real drugs. Its just a dope smoker's way to excuse what he does by claming it is for medical use. Anyone with a simple education knows what is really going on. Do you think americans are idiots?

7:54 PM, June 16, 2009  

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