"May I See Some Identification, Please"

Perhaps people have heard these words from an officer during a routine traffic stop (on the Television, of course). In such an instance, the protagonist probably knew he was maybe going a bit fast, or maybe he didn't stop fully at the light, maybe his registration had expired; It is generally assumed that there was an event or a situation that provided probable cause for the officer to detain the driver.

Probable cause, a necessary precursor to a vehicle stop by a law officer. Our First United States Congress, in 1791, felt a need to limit the recourse of government, spawning the first ten amendments to the United States Constitution -- the Bill of Rights. The Fourth Amendment was specifically designed to put limits on the agents of the Government, establishing the need to establish "probable cause" prior to such personal intrusions as detainment, questioning, search, and seizure. Certainly, those uniformed officers sworn to protect our borders would dutifully observe, respect, and uphold this Right?

What I write is a true story; an event that happened to me this past Friday. An event that tries my resolve in my now four-year long quest to publish a book of photographic depictions of all the lizard species inhabitting the state of New Mexico.

 
 

Of course, to achieve my goal, I must locate and photograph the 41 species known to inhabit this varried state. Many of these species are only found in the southern reaches, resulting in long-reaching treks to near-border locals, such as those in the bootheal region.

This past Friday, my youngest daughter and I embarked on what was supposed to be an overnight trip to the region south of Deming and Lordsburg. I was particularly interested in tracking down the Yarrow's Spiny Lizard (Sceloporus jarrovii) and, although it is early in the spring, the Canyon Spotted Whiptail (Aspidoscelis burti), the Gray-checkered Whiptail (Aspidoscelis dixoni), Zebra-tailed Lizard (Calisaurus draconoides)and the Sonoran Spotted Whiptail (Aspidoscelis sonorae) were secondary goals. All of these species are fairly restricted in their New Mexico range to this near border area.

Distribution of S. jarrovi in New Mexico

Last winter, on a day trip from Las Cruces, I visited this area. I felt like I was in a war zone; there were border patrol vehicles everywhere, and my every move was watched. A momentary stop to observe a white-tailed kite through the binoculars resulted in an almost immediate visit by the Border Patrol, who prevailed to question me on my activity. And, did not seem to hold stock in my truthful answers.

This previous experience on my only prior visit to this area gave me a nagging concern about my plans for the weekend. But, with the area weather forecasted to break 80-degrees F and the opportunity to take a much-needed day off work, we planned the trip. We packed sleeping bags, camera gear, my ever-handy lizard-catching tool (a 9-ft fishing rod with a noose at the end), spare clothes, a few other essentials, and we hit the road at o-dark-hundred. (It's approximately a seven-hour drive to reach this region.)

By about 11:00, we reached Deming and headed southwest turning south on NM 146. We made a short stop at the remains of an old farm where we observed Sceloporus consobrinus and a number of small Aspidoscelis species that just wouldn't cooporate. The flies were unbearable, so we decided to head along our way. We reached NM 9 and headed west towards Animas. Along the way, we stopped for an hour or so to hike the Central Divide trail, checking out some rocky outcroppings for lizards. Although we found no lizards, we were treated to a rather scarce view of a kit fox.

Returning to our vehicle and heading again westward towards Animas, we stopped briefly at an historic marker where I checked the map and GPS before heading into Animas. As we pulled away from the historic marker, a Border Patrol truck pulled in off the road. I continued along my way with the Patrol notably pulling in behind me after a few moments. As we neared the town, a second patrol passed us in the other lane, made a quick u-turn and pulled in behind the first. As we reached the end of the road and proceded to turn north, the following trucks hit their lights and sirens. I, of course, quickly pulled off the side of the road.

As the four officers approached, I rolled down my window. My daughter looked quite perplexed at what was going on. One officer approached my side of the car and asked what we were up to, where we had come from, and where we lived. Of course, my answers, being honest, did not seem to convince the officer who kept going further. At this point, I'm rather irritated, but with my daughter present, I respected the officer's authority; having done nothing wrong, I felt secure in my sense of innocence.

Eventually, the office asked to look inside the back of the vehicle. Of course, the other officers had been peering through windows while the one officer questioned me. At this point, my Fourth Amendment Rights are ringing in my head. Should I press my position of innocence and force this band of officers to come up with charges or seak out a court order? I could be there for hours/days, and what signal would this send my daughter who was clearly a bit unnerved by the event? No, instead I had nothing to hide -- I let them root through the back of the vehicle.

"Are you going to do some fishing?" I was asked as they saw my rod. Of course, I told them that I used the rod to capture lizards to photograph, that I was working on a book. That hardly slowed them down as they squeezed my sleeping bags and our backpacks. Finally, the officer still holding my license returned it to me and told me we were free to go. So, I then asked why we had been detained. His answer, "Because of the direction we were driving." So, driving "west" is apparently considered "probable cause"?

Let's reflect for a moment the mission of the Border Patrol, as indicated on their web site:

"The priority mission of the Border Patrol is preventing terrorists and terrorists' weapons, including weapons of mass destruction, from entering the United States.

Prey tell, how does this illegal detainment fit into that mission? How is it this Gastapo-like approach is allowed?

No matter that these civil-rights violating, albeit polite, hooligans allowed me to go along my way, they violated the rights endowed me in the United States Constitution. I feel denied my right to be secure in my person and effects, to the point that I believe a part of my state and country has been denied me.

As we drove away, I appologized to my daughter for the freedoms infringed and impressed upon her the hope that her generation does far better than mine and my parents with respect to protecting, upholding, and enforcing our Constitutional Rights. We headed home after speding only a couple hours in the region we had driven 7 hours to explore for lizards.

Spending the night in this area was to me clearly out of the question, as was heading any further south towards the border or the Coronado National Forest where we had intended to camp. Strangely, it is not the illegal aliens or the drug smugglers I fear, but the officers of my own government. If asked today, I would tell you that I will not return to Hidalgo County, New Mexico; to complete my book may require other means, if I am able to complete it at all.

I am reminded of the words of Thomas Jefferson, "The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first." It appears we have failed to hold our government in check. Liberty is falling. One thing is certain. If or when I complete this project, the forward will discuss the new age Gestapo, The Department of Homeland Security.