Arizona Roadblocks

Town/City/Municipality:
Between Ajo and Gila Bend
Description of roadblock location:
Highway 85, about 20 miles north of Ajo
Time of day:
Anytime
Purported purpose of roadblock:
residency, racial profiling, activities travel, dogs
Regularity of roadblock:
Frequently set up in this area, but exact location changes
Percentage of cars stopped or checked:
Stopped and checked all cars or most vehicles
(more than 75%)
Registry date:
07/2008
Additional information about this roadblock or notes on roadblock encounter:

Each time is different. However, one time, while traveling by myself(a single female), I was stopped by 3 male US Border Patrol Agents, asked where I was coming from and where I was headed. I gave the responses.

I was then told to "pop your trunk", while two of the three agents, started around the back of my vehicle as if expecting me to just comply. I asked if they had a search warrant and the agent, looking extremely surpirsed told me that they did not need one if I consented to the search. I asked what would happen if I did not comply with their request to search my vehicle trunk. I was told that I would be detained until a drug dog could be located and transported to our location. I was also told that it could be 2-3 hours before the dog arrived. Never was I told that a search warrant would be obtained so that a LEGAL search could take place, or that they had probable cause to search, nor was a I told the reason for the search, at the time that the search was initiated. As a single female traveler, on a deserted road (no other vehicles in sight other than the USBP) with three armed federal agents, where no cell phone reception could be received, I felt that I had no choice but to comply with the request.

I complied, but got the name of the agent who had requested that I open my trunk, and when I got to my destination, I called the Ajo station and spoke with the supervisor on duty.

I explained to him that I was a history teacher and did not appreciate my 5th ammendment rights being violated, especially since I was a regular visitor to Ajo, (almost weekly), and that as a teacher, I had a clean record, and did not appreciate being intimidated, illegally searched, and threatened with detainment. He did not apologize. However, I explained that from that point on, when I taught students about their Constitutional Rights, I would teach the 5th Ammendment as theory, since it was obvious that it was no longer in practice, at least by the federal government. He got extremely angry and started to interrupt me. I would not allow it.

I stated that there were residents of Ajo, who did business daily, north of the checkpoint, and that those who had legitimate business north of the checkpoint should not be impeded in their travels. I also suggested that to avoid harassment from the federal agents to local, law abiding residents, that a voluntary decal could be offered to citizens who travel regularly through that area. It would not be mandatory, but that anyone who wanted to, could apply for the decal and pay a fee for a background check to be done, and then the decal could be placed in the window of the vehicle and when agents saw it, they would simply wave the vehicle through. He told me that they would not do that, as they needed to stop people to check for things that would not be covered in the background check. I asked what, and never received an answer. However, before the conversation was finished, he accused me of being a criminal, or looking suspicious (because I was "a pretty female traveling alone and could distract the agents from doing their jobs of checking for drugs or illegal immigrants"), otherwise, the agents would not have requested to check my vehicle. So, watch out ladies! If you are attractive, that's now a crime!



Town/City/Municipality:
Kingman
Description of roadblock location:
Stockton Hill Rd. near Game&Fish
Time of day:
Mid-day
Purported purpose of roadblock:
Alcohol
Regularity of roadblock:
Infrequently set up but location remains constant
Percentage of cars stopped or checked:
Stopped and checked all cars or most vehicles
(more than 75%)
Registry date:
11/2007
Additional information about this roadblock or notes on roadblock encounter:
Rural area leaving city limits where lots of empty alcohol containers are found on roadsides. I could see a good catch by cops here as a lot of drinkers from the lake would be going into town on this road and not expecting to find the sobriety checkpoint.


Town/City/Municipality:
Quartzsite
Description of roadblock location:
Arozona 95, 10 miles south of Quartzsite
Time of day:
Anytime of day
Purported purpose of roadblock:
Drugs, Residency
Regularity of roadblock:
Set up at this location on a regular or frequent basis
Percentage of cars stopped or checked:
Stopped and checked all cars or most vehicles
(more than 75%)
Registry date:
03/2003
Additional information about this roadblock or notes on roadblock encounter:
This is a Palo Verde Valley Narcotics Task Force drug checkpoint. This is a total road block forcing motorists to funnel into an off-road area for a vehicle search. It is random, but occurs frequently on this stretch of road between Yuma and Quartzsite.


Town/City/Municipality:
Tohono O'odham Reservation
Description of roadblock location:
State Route 86 milepost 143
Time of day:
PM Rush Hour
Purported purpose of roadblock:
Residency, Alcohol, Insurance, Drugs, Firearms, Warrants, Racial Profiling, Travel Activities
Regularity of roadblock:
Infrequently set up but location remains constant
Percentage of cars stopped or checked:
Stopped and checked all cars or most vehicles
(more than 75%)
Registry date:
01/2003
Additional information about this roadblock or notes on roadblock encounter:
21 December 2002 - 1700: I came upon a police checkpoint on Arizona Route 86 at mile marker 143 in the Tohono O'odham reservation, Pima County, Arizona. I called a coworker on a cell phone while waiting in backed up traffic & informed him of the circumstances. He stayed on the line the entire time I interacted with the enforcement officers up to the time I was forcibly removed from the vehicle. My co-worker heard most of the conversation.

The road block was setup in such a place as to provide no prior warning as to its presence and no ability to bypass it. Route 86 is the only viable route back to Tucson from the Kitt Peak area & there is no shoulder along large sections of the route which would allow an individual the opportunity to turn around prior to entering the checkpoint.

Spotters were present along the side of the road some distance before the checkpoint. Their purpose was not obvious until after coming upon the roadblock. A dozen or so enforcement vehicles were present along the side of the road at the checkpoint. Tohono O'odham police, U.S. Customs, & INS/Border Patrol Vehicles were present along with several unmarked enforcement vehicles. I was stopped by the officer in charge who worked for the Tohono O'odham Police. Upon request, the officer indicated the purpose of the checkpoint was sobriety & license checks which seemed inconsistent with the presence of U.S. Customs & INS law enforcement personnel.

Upon request, the officer provided his name but failed to provide photo identification. The officer then requested my license. I requested to know why he wanted it. The officer indicated everyone was being asked for their license for identification purposes and to check for compliance with traffic laws. I requested to know if the stops being made were based upon individualized probable cause of wrongdoing. He indicated there was no probable cause & everyone was being treated the same. Others officers were beginning to gather around my vehicle at this time - including the U.S. Customs Agent.

The officer in charge asked me for my drivers license again. I asked him if he had any reason to believe my drivers license wasn't in order or whether or not he had probable cause to believe I was in violation of any statute of the State. He indicated he had no such belief but that I needed to provide my license to him.

I indicated that I was uncomfortable providing my license given the current set of circumstances. He then asked for my name which I provided along with a contact name and number for my boss who could verify my identity and purpose for being in the vehicle. I then reiterated my request to know what law authorized him to stop me without probable cause of wrongdoing and demand my identification papers. No answer was forthcoming.

At some point during this conversation, a Tohono O'odham detective spoke up and indicated that he could tell I hadn't been drinking because my eyes were not bloodshot, I was communicating effectively, and exhibited no signs of being impaired but that I still needed to provide a license. He indicated this was an area known for drug smuggling and illegal immigrants and consequently folks needed to be identified before they could go on. Although having no jurisdiction over the subject matter at hand, the U.S. Customs Agent forcefully entered the conversation and demanded that I comply with the request along with some other commentary.

I asked the U.S. Customs Agent who had jurisdictional & operational control over the check point. The fficer in charge indicated at this time that it was a joint task force consisting of the Tohono O'odham, U.S. Customs, & INS. I indicated the Supreme Court had made a distinction between check points set up for public safety, i.e. sobriety check points, Vs law enforcement checkpoints and that only the former met Constitutional muster when no individualized probable cause is present. I then indicated the following:

Due to the presence of U.S. Customs and INS/Border Patrol Agents - law enforcement as opposed to public safety was obviously a fundamental aspect of the checkpoint. The detective indicated he was satisfied I had not been drinking & hence any public safety aspect of the check point with regards to me personally had been satisfied. A license check primarily serves a law enforcement function - not a public safety issue - thus a mandatory license check relating to a 'public safety' stop with no actual or perceived wrongdoing is onerous on my right to travel unmolested on the public highways.

The officers present were clearly getting agitated at this point. The officer in charge asked me to pull the vehicle over to the side of the road. I asked him why and he replied they needed to ask me further questions.

I asked if I was being detained. He clearly indicated I was NOT being detained. I indicated that if I was not being detained then it follows that I must be free to leave. At this point a different officer (Tohono O'odham K-9 unit) indicated he had had enough of this and that I was to turn off the vehicle and exit the car. A few of the officers present put their hands on their guns. I slowly turned off the vehicle as commanded, removed the keys from the ignition and placed the keys in full view on the dashboard. I then sat very still in the front seat with my hands in full view for all to see.

The driver side door was opened, my seatbelt was unclipped by one of the enforcement agents, and I was forcibly removed from the vehicle and laid down on the pavement . My hands were placed behind my back and I was handcuffed. I was then picked up under the armpits and dragged off the road over to one of the police vehicles. At no point was I informed whether or not I was under arrest, nor was I read my miranda rights.

I was left on the ground for the next 30-40 minutes (time not exact). A few times, the K-9 officer came over acting hostile & belligerent & made several less than exemplary comments regarding myself. I heard the U.S. Customs enforcer refer to me as a 'Peace Protester' & the K-9 officer refer to me as a 'Green Freak'. While I like the color green - neither reference was accurate or justified.

Early on, my wallet was taken from me and my drivers license removed from the wallet presumably to run a check. At my request, the detective counted the money in my wallet before walking off with it. It was returned with my driver's license presumably after the check was complete and no further reason to hold on to it was found.

During my time on the ground, I observed checkpoint operations. For the first 40 minutes - vehicles were NOT stopped in any particular order or pattern. Officers were clearly using their own judgment to determine which vehicles were stopped and which were waved through. At times, several vehicles in a row would be stopped followed by 10 or so vehicles allowed to pass unmolested. This would be followed by stopping every second or third vehicle and so on. After an hour or so, the procedure appeared to become more repetitive with nearly every vehicle being stopped but the first half of the operation was clearly arbitrary in nature. Everyone was NOT treated the same from the inception of the operation.

While watching the vehicles being stopped, I also noticed enforcement officers checking license plates against registrations along with demanding that car drivers pop their trunks so they could be searched. The purpose of such an action didn't appear related to sobriety checks but rather the search for contraband material. Sometime during this time frame, I observed one of the Tohono O'odham officers approach the Customs enforcer and gesture at a vehicle that had just passed. The Customs enforcer started running toward his vehicle. This made it clear that information gathered by Tohono O'odham officers druing the 'sobriety checks' was openly being shared directly with federal enforcement agents for law enforcement purposes.

As time went on, what appeared to be illegal immigrants were loaded into an INS bus. These individuals were most likely identified by their failure to have a drivers license - indicating the license check, for which I was being detained, was being used to share information with the INS for federal law enforcement purposes. Additionally I was informed later that several hundred pounds of pot had been seized (probably through the trunk searches being conducted by the enforcement officers at the check point.)

After some time had passed, the detective came over and informed me that a citation was being drawn up & I would have the option of either signing it and being released on scene or not signing it and being brought down to the Pima County Jail in Ajo for processing. Upon his return, I opted not to sign and was lead over to one of the Tohono O'odham vehicles to await transport.

While waiting, I was informed my boss had been reached and that he was heading down to the scene to recover the vehicle and I would be allowed to talk with him at that time. Another hour passed before my boss and a co-worker arrived from the University. I talked with them at length regarding the situation and decided to sign the Arizona Traffic Ticket & Complaint so I could leave and start preparing my defense.

After signing the complaint, we conversed with the detective and the officer in charge. They indicated that while they have jurisdiction to enforce State laws on the section of the highway nearest their reservation, because I was not a citizen of the reservation my case would be transferred to the jurisdiction of Pima County.

Tow vehicles were on site a ways off as well as many vehicles that had been forced to pull over for further questioning. There was a pile of unopened containers of alcohol off to the side as well. At this point we departed the scene.

I was cited with two class 2 misdemeanors - each of which carries a maximum jail time of 4 months and a maximum monetary fine of $750.00: * ARS 28-1595B - Operator fails/refuses to exhibit drivers' license * ARS 28-622A - Failure to obey officer while directing traffic It would appear that it is now unlawful to drive home from work these days without getting proper clearance from the local police. My first court date has been set for early January.


Town/City/Municipality:
Tubac
Description of roadblock location:
Mile 42 on Hwy 19 north of Tucson
Time of day:
Anytime
Purported purpose of roadblock:
residency
Regularity of roadblock:
Set up at this location on a regular or frequent basis
Percentage of cars stopped or checked:
Stopped and checked all cars or most vehicles (more than 75%)
Registry date:
07/2007
Additional information about this roadblock or notes on roadblock encounter:
Scary! Wow, what is our great America coming to.


Town/City/Municipality:
Tuscon
Description of roadblock location:
Aviation Highway E/ Paloverde over pass
Time of day:
Late Night
Purported purpose of roadblock:
alcohol
Regularity of roadblock:
Frequently set up in this area, but exact location changes
Percentage of cars stopped or checked:
Stopped and checked all cars or most vehicles (more than 75%)
Registry date:
12/2007
Additional information about this roadblock or notes on roadblock encounter:
I was going east on Aviation Highway approaching the Palo Verde under pass when I saw a bunch of cop lights on ahead. I wasn't sure if there was an accident or what. Then I saw some stop signs and people waving me through so I thought that it was a construction site. Till I passed the 3rd stop sign and realized that it was a sobriety check point. The sheriff stopped me and asked where I was coming from? I said from my parents house and then the other sheriff guy asked me if I had been doing any drinking. I said " No! " I was annoyed! Then they said ok be careful driving and handed me a sobriety checkpoint pamphlet. I thought how sneaky of them to try and trick people into thinking that it was a construction work site. So be aware of those night time construction sites they might be check points.


Town/City/Municipality:
Tuscon
Description of roadblock location:
Oracle Rd, southbound, between Rudasil & River Rd.
Time of day:
Late Night
Purported purpose of roadblock:
alcohol
Regularity of roadblock:
Infrequently set up but location remains constant
Percentage of cars stopped or checked:
Stopped and checked all cars or most vehicles (more than 75%)
Registry date:
12/2006
Additional information about this roadblock or notes on roadblock encounter:
This is a sobriety check roadblock that I see set up every couple of months on my way home from work. I get off at midnight and it seems they are never quite finished setting it up then. But a friend of mine who gets off later has been stopped. Along with the standard equipment they usually set up a trailer where they can test your blood in case they feel like arresting you for a DUI. They set this roadblock up as you arwe going down the hill right before you reach rive road. The only place to turn off before the roadblock is into a business park so by the time you see it it is already to late.


Town/City/Municipality:
Tuscon
Description of roadblock location:
Swan Rd between River Rd and Sunrise, both lanes
Time of day:
Late Night
Purported purpose of roadblock:
alchohol, seatbelts
Regularity of roadblock:
Set up at this location on a regular or frequent basis
Percentage of cars stopped or checked:
Stopped and checked all cars or most vehicles
(more than 75%)
Registry date:
01/2007
Additional information about this roadblock or notes on roadblock encounter:
The checkpoint is hidden in such a way that you cannot see it coming either northbound or southbound. I was told by an officer to exit my vehicle as he smelled alcohol. It was clearly a ruse and the officer was only "assuming" he had me. I was given a quick "pen to eye" test and ordered to submit to a breathilizer. I past both tests and was allowed to leave. Based on my observation, officers were free to assume one had been drinking by the time of the night and occupants int he vehicle. I was alone, however I observed a family van being waived through (with kids inside) without so much as a stop and check.