CBP Officer Sues Homeland Security for Violating Rights

[MariaBonita 11]

Here's another article about the incident:

CBP agent files lawsuit against DHS

James Gilbert

Mar 26, 2009 (The Sun - McClatchy-Tribune Information Services via COMTEX)

http://www.individual.com/story.php?story=98452474

A Customs and Border Protection agent is suing the U.S. Department of Homeland Security over a search of his Yuma home that he and his wife alleged violated their constitutional rights.

The lawsuit was filed Friday in U.S. District Court in Phoenix by attorney Robert Cook on behalf of Yuma residents Jimmy and Shiela Slaughter. According to the lawsuit, the DHS violated his clients' 4th Amendment protection against unreasonable search and seizure.

The Sun tried to contact Cook on Wednesday seeking comment on the article, but he was not available.

Agent Vince Picard, spokesman for DHS in Arizona, said the agency can not comment on any pending litigation.

According to the lawsuit, on July 24, 2008, at about 5:30 p.m., seven agents from Immigration and Customs Enforcement entered the Slaughters' home in search of a suspect .

"I was at home with my wife when the doorbell rang," Slaughter wrote in an affidavit included in the eight-page lawsuit. "I opened the door and noticed approximately seven uniformed ICE agents with vests and guns standing at my door. I could only see three unmarked cars in front of my home.

"I said what is up fellas? Not having a clue as to what was happening. The lead agent stated that, 'We have received information that Guadalupe Uolla is residing at the residence.' I opened the door to look at the paperwork and five entered my house."

Slaughter, who has worked as a K-9 handler at the San Luis port of entry for the past six years, in his affidavit wrote that the agents made his wife stand in the center of the living room and that they said were going to search his home. At no time did any of the agents say they had a warrant, he claims.

"That is when I stated I was a K-9 handler at the port of entry. All of the agents stopped in their tracks looking at each other and the lead agent asked, 'You are?'" according to Slaughter's affidavit. "I could tell they were confused and I asked to look at their file on the subject they were after."

The affidavit says Slaughter told agents that he and his wife bought the house new in 1998 after he retired from 23 years in the Marine Corps and that they reported to the post office that for the past five years, they have been receiving mail for the lady the agents were searching for.

After clearing up the matter, the agents left. Slaughter also wrote that he informed his port director about the incident the following day and about how angry he was over it.

In his sworn affidavit, Slaughter said he phoned the agent in charge of the operation and spoke to him about the incident. He says he was told that the agency had tracked the woman they were looking for to Slaughter's house by mail.

The lawsuit also names ICE, supervisor Neil Baker and the the seven agents as defendants. The Slaughters are asking for $500,000 in damages from each of the nine named defendants.

According to the lawsuit, the actions of the ICE agents exacerbated his wife health conditions, causing her to be hospitalized for several days, and also tarnished his professional reputation.

"Is this the agency that protects our country? It was clearly obvious to me he really didn't care that my reputation had been tarnished," Slaughter wrote. "Now you may say it was just a foul up on the addresses, which is true. But it didn't embarrass or scare your family. It did mine."

[Bobby+Umit 161]

yup.. ICE believes violating civil rights is ok for the good of the country.. no warrants.. nothing..

I don't see anywhere in the article that states they didn't have a warrant.

I see something that suggests they were at the wrong address though.

if they were at the wrong address then they did not have a warrant!!!!

Not necessarily so, they could of read it wrong, or someone who type it wrong, etc...

[pedroh 21]

well that other article says no warrant

[Bobby+Umit 161]

Here's another article about the incident:

CBP agent files lawsuit against DHS

James Gilbert

Mar 26, 2009 (The Sun - McClatchy-Tribune Information Services via COMTEX)

http://www.individual.com/story.php?story=98452474

A Customs and Border Protection agent is suing the U.S. Department of Homeland Security over a search of his Yuma home that he and his wife alleged violated their constitutional rights.

< SNIP>

The affidavit says Slaughter told agents that he and his wife bought the house new in 1998 after he retired from 23 years in the Marine Corps and that they reported to the post office that for the past five years, they have been receiving mail for the lady the agents were searching for.

After clearing up the matter, the agents left. Slaughter also wrote that he informed his port director about the incident the following day and about how angry he was over it.

In his sworn affidavit, Slaughter said he phoned the agent in charge of the operation and spoke to him about the incident. He says he was told that the agency had tracked the woman they were looking for to Slaughter's house by mail.

The lawsuit also names ICE, supervisor Neil Baker and the the seven agents as defendants. The Slaughters are asking for $500,000 in damages from each of the nine named defendants.

According to the lawsuit, the actions of the ICE agents exacerbated his wife health conditions, causing her to be hospitalized for several days, and also tarnished his professional reputation.

"Is this the agency that protects our country? It was clearly obvious to me he really didn't care that my reputation had been tarnished," Slaughter wrote. "Now you may say it was just a foul up on the addresses, which is true. But it didn't embarrass or scare your family. It did mine."

Ah, so they had a warrant, but it was based on faulty information. ICE should of confirmed the information before executing the warrant.

The left after clearing it up.

I don't really know how it would tarnish his reputation though... Now ICE's reputation - that's a different thing

well that other article says no warrant

Where? it doesn't mention anything about if there was a warrant or not.

No mention doesn't equate to "no warrant"

Edited April 13, 2009 by Bobby_Umit

[yogib37 3]

I think since 9-11 that they think they can do anything the want because of that GREAT and PROTECTIVE DOCUMENT called the 'PATRIOT ACT' Where us Americans are so much safer and have so many more freedoms.

Under that Act they can bust into your house do a serach without a warrant and hold you in jail with or without charges for how every they feel like it. That is in the Act.

That is the YAHOOS from the Retard admin we had for the last 8 years.

Let the extrem Right wing ding bats make a take on it like DRUG ABUSER RUSH Or Crook Cheany .

People do not know how much this country got messed up in the Last 8 years but the GOP and the 'warp themselfs around the american flag' lunatics think it is good to have that Patriot act. Good for the country..

It was wrong what ICE did but legal under the Patriot act

[Bobby+Umit 161]

I think since 9-11 that they think they can do anything the want because of that GREAT and PROTECTIVE DOCUMENT called the 'PATRIOT ACT' Where us Americans are so much safer and have so many more freedoms.

Under that Act they can bust into your house do a serach without a warrant and hold you in jail with or without charges for how every they feel like it. That is in the Act.

That is the YAHOOS from the Retard admin we had for the last 8 years.

Let the extrem Right wing ding bats make a take on it like DRUG ABUSER RUSH Or Crook Cheany .

People do not know how much this country got messed up in the Last 8 years but the GOP and the 'warp themselfs around the american flag' lunatics think it is good to have that Patriot act. Good for the country..

It was wrong what ICE did but legal under the Patriot act

Funny, only one Senator voted "Nay" to the Patriot act (democrat). Every other democrat voted for it. Senate Vote patriot act

And in the House, if every democrat would of voted "Nay", along with the one independent "Nay, it would not of passed the house. House vote patriot act

It wasn't just the GOP that made the Patriot act. Don't you just love a democracy?

[peejay 327]

I don't get it. What is the point of this article? That because ICE messed up in this instance we should totally abandon enforcing immigration and workplace authorization laws?

[justashooter 430]

sounds like a lawful warrant and entry, to me.

no payday is in order.

[Peikko 1,575]

Lawful because they had a warrant but the wrong address? That doesn't sound very lawful.

[fozzie 41]

"At no time did any of the agents say they had a warrant, he claims"

If they had a warrant they did say they did or show it to the home owner. They certainly didn't leave him a copy as they are meant to do. My guess is that there was no warrant. What I find hard to believe is that they had all this evidence then getting a warrant is no biggie. Further I find it hard to believe that LEO raid withour warrants knowing that anything they find will get thrown out of court. Whats the point.

[Trumplestiltskin 5,791]

I don't get it. What is the point of this article? That because ICE messed up in this instance we should totally abandon enforcing immigration and workplace authorization laws?

That their staff in this instance were rather "over-zealous" and could do with some retraining - if this is typical of the way they do business.

[justashooter 430]

Lawful because they had a warrant but the wrong address? That doesn't sound very lawful.

they "handed him the paperwork", and the warrant was for the correct address.

read the article.

[peejay 327]

Lawful because they had a warrant but the wrong address? That doesn't sound very lawful.

It doesn't sound unlawful either. It sounds like somebody made a mistake.

[Trumplestiltskin 5,791]

It is a bit of a dubious premise - raiding someone's house because they used to live there and the current tenants have been receiving mail addressed to them.

We get mail for our landlord and people who used to live at the address before him - does this mean I can expect a raid anytime soon?

Its bad enough getting phone calls from debt collectors for a hispanic woman living in LA - those bastards hound you night and day.

[MariaBonita 11]

I don't get it. What is the point of this article? That because ICE messed up in this instance we should totally abandon enforcing immigration and workplace authorization laws?

I fully agree, you don't get it.

Edited April 13, 2009 by MariaBonita