Harassment, Sheriff Style
Dear Fellow Freedom Lovers -
I had an "encounter" with the Pima County Sheriff's Dept. tonight that may prove instructive. I did not remain completely silent, breaking my own rule, and to my detriment.
Read on, especially one of the questions asked by TPD, who backed up the stop, as did 3 other sheriff's deputies.
Joann and I were on the way home, her Toyota following my van. I had just spent 5 hours being stranded in front of the Coronado Post Office on Rosemont replacing a starter and missing an important business meeting. At 2225 an S.O. vehicle slipped between Joann's Toyota and mine and pulled me over, just west of Alvernon on Ajo. Deputy Pastian (#1158) asked for my license, registration, and insurance, which I provided. He explained that I had no license plate bulbs, a broken taillight, and expired registration. (All true.)
He noticed that I was wearing a white tyvek set of coveralls ($5 at Harbour Freight - a good idea for a trunk item in case your car breaks down and you have to lay on the ground and fix it without ruining your good clothes) and asked what I had been doing tonight. I said that I had spent the last 3 hours under the car replacing the starter. He asked if I had been drinking. I responded that I practice an alcohol free lifestyle, and did not even like aspirin.
He then asked what the contents of the rear of the van were under the sheet. I responded that I reserved all my rights, including that of the privacy of my goods. He then asked "is there anything you want to tell me about what's in your van - anything I should know about?" I again reaffirmed my desire for privacy, informing him that I did so with the utmost respect for him and his department, and that I had no ill will.
He went away for a few minutes, then came back and asked me "if there is anything in here that could stick me shoot me, or blow me up?" I told him that there was nothing dangerous to him within my immediate reach or control in the vehicle, but that it didn't matter if there was, as I had no harmful intent against him. He asked again and I gave him the same answer. He told me that it would be a few more minutes.
Unbeknownst to me, Joann had circled back around the block and parked behind the arriving backup units. The first one she encountered was an affable TPD officer, to whom she volunteered that she was my wife, in case they wondered what she was doing there. When he asked her for I.D. she declined, saying that her I.D. was in the fanny pack on the seat next to her with her gun and CCW permit, and she had no intention of touching it, but he was welcome to take it and take her I.D. from it. (Smart girl, wonder who's class she learned that in?) To her surprise he stated that he thought honest people's possession of guns was a good idea, especially responsible ones like her, and it was O.K. with him if she picked it up, just please take out the wallet and leave the pack on the seat. She complied, then said, "don't you think all the other officers would be more comfortable if I stood away from the car?" He quickly agreed (gee, why didn't THEY think of that?) and she got within 25 feet of where I was now standing. (She did this to be a better witness, not comfort the cops....experience has taught us to stick together on these things...)
Deputy Pastian had by then asked me to exit the vehicle and lean on the fence in front of Bishop Auto Sales. I took my planner, put the keys (2 sets) ON THE DASH BOARD, exited and LOCKED the vehicle, complying by sitting on the fence. Deputy Pastian then explained that he was awaiting the arrival of the drug dog. I informed him that the Supreme Court had set 20 minutes as a reasonable limit. He told me, "that never happened". I offered to get him the cite, and he repeated, "that never happened." (Somebody PLEASE give me the place where I can get a copy to give this guy.)
Joann was merrily chatting away with the "sworn" congregation, as the drugcopmutt investigated my (locked) van, twice around, escorting a large, in shape deputy (condition one .45 in SAS drop rig, set far too low to be effective. Had to be S.O.)
They asked her why I was "acting weird, driving poorly, and wearing a "chemical suit?" She told them that they'd act weird too after 3 hours under the van, and if I drove poorly it was due to tiredness. Also, that wasn't a "chemical suit" but a coverall she insisted I wear to protect my clothes. They wanted to know why I didn't reveal what the contents were, and what were the contents? She mentioned my full set of tools and advertising catalogs and samples, and explained that we believed in preparedness as I had learned in Scouts. They asked her if I had a gun in the van and she said it was possible, but that I probably didn't have it on. At that point Deputy Pastian approached me and asked if I was armed, and to see my CCW permit. I complied, stating that "seeing as how ARS 13-3112 requires it, I would comply. (And did. I thought about refusing, as I was not armed, but what would that achieve?)
Now here's the kicker: They asked, "are you a CONSTITUTIONALIST?" her answer: "Why yes, ever since 8th grade when I learned about our wonderful founding document. If you mean by that "am I a member of a militia" then no, I'm a Republican, and I VOTE! They then asked if I had any "chemicals" in the van, and she said, "not unless you consider a fire extinguisher chemicals." (TPD laughed, S.O. scowled.)
Deputy Pastian left me with a ticket for expired plates and no bulb after 35 minutes. He was clearly not pleased that I had challenged his "authority" to know the contents of my vehicle. I wish Joann had not said anything about my stuff, but she is a "peacemaker" with an aversion to seeing me lead off in irons at the roadside again. Guess this is the collision at the intersection of feminine and principle, but I was happier to have her company (and testimony, if it came to it) than the exact "right" answer.
Lessons:
1) Them thar ocifers of the law have got a lot of "profiles" for people to fit.
2) My "police officers deserve better pay" sticker did me no good, and has now been disproved anyway. I'll think about it, but it's probably history.
3) Keep your vehicle in TOP shape to deny probable cause for a stop.
4) I should have refused to converse from the very start.
5) KNOW WHAT YOU'RE GOING TO SAY BEFORE HAND EVERY TIME!
6) Resistance is NOT futile! I suspect the deputy may have tried to let deputy dawg into my van for a sniff if it was not locked.
7) Boy would it have been easy to plant evidence if I hadn't locked it!
8) To the fullest extent possible prep your wife with the "right" answers. (She won't decline to converse so as not to "make them more suspicious." I wish I could find some way to teach her about admissions against interest...good suggestions are welcome, if they don't end in "yes, dear".)
Comments, good sirs and ladies? Did I win or loose this round? Should I go after the officer for deprivation of civil rights under color of law? Is this worth a complaint to the department? Have I missed something I should have seen? All feedback is appreciated. Permission granted to distribute widely, but please leave this post intact and with my name on it.
In Liberty,
Charles Heller
Tucson, Arizona
(520) 419-2500When they took for the second amendment, I didn't own guns so I said nothing,
When they took the fourth amendment, I didn't deal drugs so I said nothing.
When they took the fifth amendment I was innocent, so I said nothing.
Now they've taken the first amendment and I can say nothing.
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