Court dismisses DUI evidence, says Border Patrol agent overstepped bounds

[amy31416]

Well here's a rare bit of decent news...


The U.S. Border Patrol has the power to stop weapons of mass destruction from entering the country and protecting the border from illegal immigrant crossings.

That power does not, however, extend to policing Erie streets for drunken drivers, an Erie County judge has ruled.

Judge John Garhart has thrown out the evidence against a woman who was detained by a U.S. Border Patrol agent who said he observed her swerving her vehicle in traffic at a time when her blood alcohol content was measured at more than three times the legal limit for driving, 0.08 percent.

Garhart granted a suppression motion by the woman, Corrine Breon, whose lawyer, Stephen Sebald, argued that a U.S. Border Patrol agent improperly detained her before calling Erie police to arrest her.

Garhart said the agent, identified as "Agent Gregory" in court records, acted reasonably and responsibly and in good faith.

"He was nearly hit by Miss Breon and was clearly concerned, not only with her welfare, but that of the other citizens of the Commonwealth."

But Garhart said that the agent did not have the authority to conduct the stop either as a federal agent or as a private citizen.

Sebald welcomed the ruling.

"It is the right decision. When law enforcement does not understand the parameters of authority, it just opens up Pandora's box," he said.

The case stemmed from a traffic incident that occurred Jan. 16, 2010, on West Eighth Street.

-- Lisa Thompson

See Wednesday's Erie Times-News for more coverage.


http://www.goerie.com/apps/pbcs.dll/article?AID=/20110111/NEWS02/301119910/-1/news

[AxisMundi]

And if the woman had plastered a car filled with a family and killed them, the border agent would have been raked over the coals.

A no win situation for the border patrol guy.

[angelatc]

Wow. Kudos to her lawyer.

[Anti Federalist]

Well, that is a bit of good news.

Watch the feds appeal and get it overturned.

[nobody's_hero]

I don't think it's good to have Federal agents enforcing any laws that aren't in the U.S Constitution as enumerated duties (which as we all know, limits them to basically prosecuting treason, counterfeiting, or piracy).

But AxisMundi's comment is probably true. The border patrol agent was in a no-win situation.

[HazyHusky420]

Why is drunk driving even illegal?

http://www.lewrockwell.com/rockwell/drunkdriving.html

I think the paranoia caused by the drunk driving laws cause more deaths than drunk driving itself.

[pcosmar]

I don't think it's good to have Federal agents enforcing any laws that aren't in the U.S Constitution as enumerated duties (which as we all know, limits them to basically prosecuting treason, counterfeiting, or piracy).

But AxisMundi's comment is probably true. The border patrol agent was in a no-win situation.

Bullshit.
If he had never bothered her, and on the unlikely event that she did have an accident it would have been her fault and no one would know he was even an issue.


By that twisted logic they (police) are responsible for not stopping and arresting all the sober drivers that cause the vast majority of fatalities.

[guitarlifter]

Bullshit.
If he had never bothered her, and on the unlikely event that she did have an accident it would have been her fault and no one would know he was even an issue.


By that twisted logic they (police) are responsible for not stopping and arresting all the sober drivers that cause the vast majority of fatalities.

Exactly. It is the same concept with people saying that, since Julian Assange released documents that had tales of dirty deeds in them that the blood would be on his hands. That is false. The blood has always been on the hands of those who did the dirty deeds, not of the man who dragged such crimes into the light.

[AxisMundi]

Why is drunk driving even illegal?

http://www.lewrockwell.com/rockwell/drunkdriving.html

I think the paranoia caused by the drunk driving laws cause more deaths than drunk driving itself.

Drunk driving is a major concern in this nation, causing deaths and injuries as well as property damage.

Are you suggesting that we eliminate drunk driving laws? Please clarify.

Added in Edit: Rockwell's entire premise appears to be that as long as your not caught and/or kill someone, drunk driving isn't a crime and should not be criminalized.

By that token, as long as I don't get caught I should be able to legally rob banks.

[Guitarzan]

Drunk driving is a major concern in this nation, causing deaths and injuries as well as property damage.

Are you suggesting that we eliminate drunk driving laws? Please clarify.

Added in Edit: Rockwell's entire premise appears to be that as long as your not caught and/or kill someone, drunk driving isn't a crime and should not be criminalized.

By that token, as long as I don't get caught I should be able to legally rob banks.


Yes, he was. Read @ the link he provided.

[puppetmaster]

Drunk driving is a major concern in this nation, causing deaths and injuries as well as property damage.

Are you suggesting that we eliminate drunk driving laws? Please clarify.

Added in Edit: Rockwell's entire premise appears to be that as long as your not caught and/or kill someone, drunk driving isn't a crime and should not be criminalized.

By that token, as long as I don't get caught I should be able to legally rob banks.

There has to be a victim to have a crime......if you rob a bank and don't get caught....there are still a victim(s), correct?.

[Pericles]

Drunk driving is a major concern in this nation, causing deaths and injuries as well as property damage.

Are you suggesting that we eliminate drunk driving laws? Please clarify.

Added in Edit: Rockwell's entire premise appears to be that as long as your not caught and/or kill someone, drunk driving isn't a crime and should not be criminalized.

By that token, as long as I don't get caught I should be able to legally rob banks.
Which should be a crime?
(A) being drunk
(B) harming the property of others
(C) causing injury to others

In my world, (B) and (C) cause the harm, not (A) and the penalty should be the same in cases of (B) and (C) sober or intoxicated.

[Guitarzan]

I see Axis Mundi is being introduced to the concept of "victimless crime" today. +1