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Sci-Fi Author Peter Watts Beaten, Charged During Border Crossing
JoeGee writes "On December 8th, Canadian sci-fi author Peter Watts, author of the Rifters trilogy and Blindsight, was crossing the US/Canadian border at Port Huron, Michigan when he was involved in an altercation with US Border Patrol agents. According to Watts, he was beaten, left half-naked in a cold cell, and finally dumped on the Canadian side of the border with no coat. A legal consultant from the Electronic Frontier Foundation was successful in helping a civil rights lawyer in Michigan free Watts. Watts faces US charges of assaulting a federal officer. Based on the accounts, one can assume Watts did so by hitting the officer's hand with his face. If convicted, Watts faces two years in a US Federal prison."
What most people don't realize is ANY "unwanted" contact with any officer or agent of a government entity is assault. Tapping them on the shoulder when they're yelling at your friend would constitute assault on an officer. Something as innocent as brushing the agent's hand away would provoke that charge, which I suspect is the case here.
Wake up people, our laws are broken.
Everyone who gets into an altercation with any
sort of law enforcement officer always claims
"I was like so totalllly innocent, dude!"
apparently you haven't seen the video of a bart police officer shooting in the back a man who was being held face down on the ground by other officers, or the more recent case where a bart police officer grabbed someone [who did need to be taken off the train], walked the poor guy across the platform and smashed a glass barrier with the guy's face.
it is incidents like these that make me less likely to believe the law enforcement officer's side of the story.
The real "Libtards" are the Libertarians!
Since quite a few are asking, I figured I'd provide the pertinent sections of TFAs.
According to an update in the Boing Boing article, Watts got out of the car to ask what was happening -- presumably because his car and/or person was being searched. When the officers refused to answer and told him to get back in the car, he asked the question again. At which point he was attacked, his property was seized, and he was asked to waive his Miranda rights.
Sounds like the unfortunate combination of a pissed off officer and a less-that-sympathetic citizen compounded by detectives/officers who get pissed when prisoners refuse to talk. I can empathize with both parties (first and second, not third -- right to remain silent means right to remain silent,) but -- assuming the accuracy of Watts' story -- the assault charge is probably trumped up. Convincing a judge of that is a whole different story.
I got a tweet about this earlier today.
I can't wait to hear what really happened here. It's wouldn't be so outlandish if Watts' version of the story is entirely true, especially with the number of police beatings that get online where the exact same thing has happened (i.e. someone not resisting at all, getting beaten up, and then charged with resisting arrest).
Over 10 years ago now, Indianapolis had the infamous "police street brawl" incident where a group of off duty drunk policemen went around picking fights with guys and harassing women in down town Indianapolis. Everyone that tried to protect women in that situation ended up in jail with a bunch of bruises on resisting arrest charges. I don't believe even one of the cases ever made it to court. Still the police union backed their boys to the very end. I believe they even called the mayor a commie at one point...
Being a "sci-fi author" gives him the ability heard in a public forum about entering the US.
As for past issues listen to : Steve Bierfeldt of Ron Paul Campaign for Liberty been confronted by TSA 3/27/09 in at the St. Louis airport.
He was carrying Ron Paul bumper stickers and cash.
http://video.google.com/videoplay?docid=3394970594491846292
Domestic spying is now "Benign Information Gathering"
http://www.thetimesherald.com/article/20091211/NEWS01/91211010/1002/Science+fiction+writer+charged+after+bridge+struggle
"Jones said Watts was crossing into Michigan from Point Edward when he was selected at random for a secondary Customs inspection. Watts exited his vehicle "angrily" and border officers began checking the black sport utility vehicle he was driving, Jones said.
Border officers ordered Watts back into the vehicle, and when he refused, officers attempted to handcuff him, Jones said. At that point, Watts began to resist and pull away from the officers "and became aggressive toward officers," Jones said.
Jones said a border officer used pepper spray to subdue Watts. Jones said Watts "choked" an officer during the struggle. "
I saw the video of that. The guy being arrested was drunk and belligerent and was holding his hand out when it hit the glass. It wasn't his head but his hand that hit the glass. Did you see the video someone recorded of it and put online? The guy was picking fights with people on the train. When the officer pulled him off the train, you could hear everyone in the train car clapping. It was pretty clear that the officer didn't do anything wrong.
Cory Doctorow talking about cloud computing makes as much sense as George W Bush talking about electrical engineering.
That's exactly my impression. Crossing from US to Canada was fine, crossing back very strongly reminded me of crossing from Poland to East Germany in mid 80's.
AccountKiller
http://www.lrwc.org/documents/Civil.Disobedience.Guide.November.20.2009.F.pdf This "protesters guide to civil disobedience" was discussed recently on CBC Radio. Interesting tidbits about assaulting a police officer. I suspect career criminals don't have this trouble - they figured out at 14 how to deal with law enforcement :-7
Here's a recently posted article that includes the government's side of the story. It seems to back up Watt's account that the border guards overreacted violently. "A Canadian science fiction writer is facing a felony charge after police said he assaulted a U.S. Customs and Border Patrol officer and resisted arrest at the Blue Water Bridge. But the writer, Peter Watts of Toronto, wrote on his blog that he was “punched in the face, pepper-sprayed, sh*t-kicked, handcuffed, thrown wet and half-naked into a holding cell for three (profanity deleted) hours, thrown into an even colder jail cell overnight, arraigned, and charged with assaulting a federal officer, all without access to legal representation (although they did try to get me to waive my Miranda rights. Twice.).” Neither Watts nor U.S. Customs and Border Patrol officials returned phone calls Friday seeking comment about the Tuesday incident. Port Huron police Capt. Jim Jones would not provide the Times Herald with a copy of a police report about the incident Friday. But, he read the police report to a reporter. Jones said Watts was crossing into Michigan from Point Edward when he was selected at random for a secondary Customs inspection. Watts exited his vehicle “angrily” and border officers began checking the black sport utility vehicle he was driving, Jones said. Border officers ordered Watts back into the vehicle, and when he refused, officers attempted to handcuff him, Jones said. At that point, Watts began to resist and pull away from the officers “and became aggressive toward officers,” Jones said. Jones said a border officer used pepper spray to subdue Watts. Jones said Watts “choked” an officer during the struggle. " http://www.thetimesherald.com/article/20091211/NEWS01/91211010/1002/Science+fiction+writer+charged+after+bridge+struggle
Et In Arcadia Ego
Given that everything there is legal, if you resist it, yes, you are committing a criminal act.
In most states there is no right to resist unlawful arrest. I happen to live in one of the states that recognize this right.
SSC
Well contrary to modern day practices, beating is not necessary to arrest someone. Even people that physically resist arrest should not be beaten. The amount of force required to arrest someone is what is required. Beating someone because your pissed off that they resisted means your in the wrong job. Everyone gets pissed off when someone doesn't do what you tell them to, that does not mean that beating them as punishment is ok. Cops are not, and should not be, in the punishment business. (that's a different department)
waiting for ad.doubleclick.net
Don't be a douche bag, know something about what you are talking about.
This year, 115 police officers have died in the line of duty. Half of those deaths were accidental or medical.
In terms of deaths on the job, police officer doesn't even make the top ten.
I stand by my statement. Police officers *are* rarely killed on the job. 50 people died as a result of tazering this year, and that's just *tazering*. Police kill more people that don't need killing than they themselves are killed. From a strictly numerical point of view, an innocent citizen being confronted by the police is more likely to be killed than a police officer is to be deliberately killed by an assailant.
Yet, in spite of this, we are supposed to bow down to the police who have chosen such a "dangerous" occupation, but when they attack an innocent citizen, no big whoop, they probably had it coming because they asked a question or something.
As an alternate persona to the Linux Geek I share here I am also a Cross-Border Truck Driver when the IT market takes a nose-dive.
I have crossed at Windsor/Detroit & Sarnia/Port Huron THOUSANDS of times.
I will _GLADLY_ add 2 hours to my day if I have the option of crossing at Port Huron.
Detroit Customs officer:
"How long have you been driving?"
"How long have you been with this company?"
"Did you check the trailer?"
"Did you seal the trailer?"
"What kind of seal on the trailer?"
"Why didn't you seal the trailer?" (A: because GM/Chrysler/Ford sealed it before I picked it up and I am not allowed by law to open it.)
"What are you bringing with you?"
"What are you bringing for lunch?"
etc...
Port Huron Customs:
"Hello sir, how are you today?"
"What are you hauling?"
"Have a nice day."
The difference is night & day. You can find assholes anywhere, but 100% of my experience at Port Huron has been positive.
B5_Geek: Truck Driving, Linux coding, Recumbent riding, pencil-neck Geek!
"The price good men pay for indifference to public affairs is to be ruled by evil men." ~Plato (427-347 BC)
When an unarmed man alone gets into a fight with multiple armed people, it's a rare case where the unarmed man is the aggressor.
I'm not so sure about that:
EL MIRAGE, Ariz. -- Three firefighters were assaulted while responding to a late-night medical call on Dec. 5, according to The Arizona Republic.
The crew found a teen -- reportedly suffering from an overdose -- running around. They were able to calm him down to check his vital signs and insert an intravenous needle, but officials told the newspaper that the patient become violent when firefighters tried to place him on a gurney.
The 16-year-old began punching, kicking and scratching the first responders.
Police were called for assistance and were able to subdue the teen, who was on probation and wore an ankle bracelet monitor.
The firefighters suffered only minor injuries.
According to the report, a recent survey conducted for the Arizona Fire Chiefs Association show that 55 percent of responders in the state said they had been assaulted at least once while on the job. Ariz. Firefighters Assaulted by Patient
____
Daniel A. Noble, of Moscow, Wash., was allegedly driving erratically Monday morning on the Washington State University campus and struck two pedestrians - one in a crosswalk, the other on a sidewalk. The victims were taken to the hospital.
At the scene police said that Noble was uncooperative. "He was combative at the start, when we tried to take him into custody," Lt. Steve Hansen of the WSU police told The Spokesman-Review. Police used a Taser to subdue Noble.
Mark Moorer, Noble's lawyer, said Tuesday that his client was known to consume large amounts of energy drinks and Starbucks coffee. Moorer said in court that the caffeine could have accounted for Noble's strange behavior.
Noble's wife told investigators that he started acting strangely about three days earlier, was not sleeping at night and seemed confused. During Tuesday's hearing, Noble got up and tried to walk away from the defense table, but his lawyer pulled him back to his seat.
Following in the footsteps of the "Twinkie defense" , The Oregonian has dubbed this the "The Starbucks Defense." Lawyer: Driver Had 'Caffeine Psychosis'
My father has been on the Maine border for the past 20 years.
From my memories as crossing 10 years ago, things have definitely changed- and there are many reasons why. One of the biggest is that since 2001, the number of border gaurds has increased by a factor of 4. There used to be high standards, with lengthy training. You had to learn spanish, and generally become reasonably educated in detecting lies, noticing suspicious people, etc. The handgun training weeded out a lot of people, and my father had to practice every 3 weeks, because if he didn't, he might not pass the handgun qualification test, which seemed to be at least 4 times a year. A lot of that went away when some politicians decided they needed to stack the border in the name of "Homeland Security". Immigration and Customs (2 separate groups 10 years ago) were rolled into Homeland Security after 2001. Instead of ambitious folk who didn't mind learning spanish, passing rigorous handgun tests, remaining current in their education, etc, you got the bottom of the barrel uneducated Joe. The kind who saw a cushy government job for little effort and took it.
Joe is not a fun guy. Joe does the bare minimum and nothing extra, collects his paycheck, and sits in the booth following his script.
Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
I remember when it was civilized, polite and courteous. That gradually changed.
It soon became openly hostile.
Several people I know well had incidents, and, I trust when they tell me it was without provocation.
I have seen several conflicts at US border crossings, and many were without cause.
Please bear in mind I am a white, balding, 53 year old guy who is about as "white" and grandfatherly looking as you may find.
This is not some paranoid fantasy on my part.
Maurice W. Hilarius Voice: (778) 347-9907
Well, I heard once that on the old road from the bulk of West Germany to Berlin, back when it was surrounded by East Germany, just getting out of your car could get you shot. If you had a breakdown/out of gas, or such you had to wait for the military guys to arrive.
But then, East Germanys border was designed to keep them IN, not just others to keep others out.
It seems the citizenry, officers, and/or agents of the U.S. gov't have forgotten a few, really pertinent, things...
e.g. A police officer and his partner (and/or dispatch)
My Favorite:
My friend's uncle and his family were trying to cross the border from Canada to the US for a day trip, when the uncle was taken into a side room for something like 8 hours. The fuckers wouldn't even give him a drink of water or let his family know what was going on. I can't remember the details of the story now, but I'm pretty sure he said they didn't even any questions, just kept staring at him and refusing to respond to his own questions. They eventually released him, but didn't let anyone across the border. It's disgraceful that they can get away with treating people like that. Maybe they're just hoping that people will get violent so that they have an excuse to beat on them?
The family name is Wlodarczyk, it's Polish. I think Polish names are pretty common in Canada though so I'm not sure if it had anything to do with it. Though in fact the local council here in Aberdeen (UK) tried to deport my friend to Poland even though he was born here! So he's really paranoid about his name and thinks it had something to do with how his uncle was treated.
which is totally what she said
It's from a sci-fi series called Babylon 5. One of the sub-plots involves the ambitious Vice President of the Earth Alliance assassinating the President so he can advance his own agenda. That agenda includes the suppression of civil liberties and extreme xenophobia towards non-Earth influences/culture. He sets up an organization called the Ministry of Peace which runs another organization called the Night Watch. Night Watch is primarily made up of regular citizens whom are encouraged to inform on their neighbors if they notice any "subversive" activities.
It's a great show if you are into the genre. Worth checking out just for that storyline alone. It shows just how many people are willing to be co-opted into such a system but provides the occasional glimmer of hope as others see what's happening and refuse to go along with it.
I want peace on earth and goodwill toward man.
We are the United States Government! We don't do that sort of thing.
While it depends on the officer I several times experienced some really nasty border guards when crossing at the Windsor Detroit checkpoint. Some of them behave far worse than the second runners up that I encountered i.e. East German and Soviet border guards. The later at least didn't display the kind of Rambo cop mentality that some of these US goons do. Don't know where they find these people.
To me the way law enforcement officials and government representatives treat the public says a lot about the level of civil society and the freedoms you enjoy. Doesn't inspire confidence. If it wasn't for my mother in law living in Ohio I'd be more than happy to not venture down south any more. I hope once she retires I can convince her to move up here. I hate this border.
Peter Watts has put up a new post on the event. All emphasis mine:
"I'm at the point now where I can't talk a whole lot about ongoing proceedings. I am seeing a few common misrepresentations making the rounds, though, that I'd like to set straight:
That's it for the technical items. I have only two more things to say. Firstly, I am absolutely flabbergasted by the online reaction to this story, and by the support (both moral and financial) that's inundated me over the past few hours. I don't have a hope in hell of answering even a fraction of the incoming traffic at this point, so for the moment let me just say I'm humbled and a little bit scared. I did not start this campaign; it actually started when I was still in jail, and had absolutely no idea what was going on. But to the catalytic folks who orchestrated it, know that I am looking into having my vasectomy reversed so that I can sire a firstborn son and sacrifice him to you.
Secondly, I'm going to bed.
He had better hope they do NOT have tape - slashdot as usual goes flying off the left-wing "I hate authority" end of the cliff without checking the ohter side of the story.
Science fiction writer charged after bridge struggle
Watts was crossing into Michigan from Point Edward when he was selected at random for a secondary Customs inspection. Watts exited his vehicle “angrily” and border officers began checking the black sport utility vehicle he was driving, Jones said. Border officers ordered Watts back into the vehicle, and when he refused, officers attempted to handcuff him, Jones said. At that point, Watts began to resist and pull away from the officers “and became aggressive toward officers,” Jones said. Jones said a border officer used pepper spray to subdue Watts. Jones said Watts choked an officer during the struggle.
Seems slashdotters do not have all the data, and the author may have been more than a bit untruthful - as well as Doctrow's quoting of him. Next time wait for at least the oither side to give its account. And in this case they probably have video to back it up.
Buffalo buffalo Buffalo buffalo buffalo buffalo Buffalo buffalo! http://goo.gl/J9bkO
You might think so, but it's not so. The jury will believe the cop unless evidence is presented beyond a shadow of doubt that the cop is lying. And sometimes even then. And if the judge will slant the instructions so the jury pretty much has to convict, e.g. "If he put up his arm to block a blow from a police officer, that's resisting arrest". The loss of the footage probably won't even be revealed to the jury.
It probably shouldn't be too hard to convince a judge of this since, as far as I know, all border patrol stations are video taped. I would assume they'd also have audio in there... First thing I'd be doing, if I were truly innocent, is requesting the video for the time in question.
The first thing you do is STFU.
Watts can't retreat from anything he posted to his blog without the risk of a jury concluding that he is a cynical, manipulative, liar.
I don't know if this is your source, but I figure a citation couldn't hurt. Number of police deaths.
You do realize that America has over 2 million of its people in jail, with nearly zero in there for political reasons.
LOL! Fixed that for you. 99.9% of prisoners are not violating drug laws out of any sort of political statement or act of civic disobedience. The vast majority are scumbags who are trying to make an easy buck. Let's not make them all Nelson Mandela or something.
Advice: on VPS providers
Rude, nasty, undereducated and morally/ethically small people abound in those uniforms.
The best way to deal with these sorts is to say as little as possible in the most ordinary, mater of fact, and disinterested tone of voice that one can manage. Do not become agitated, fidget, or make aggressive movements. If they do ask questions give the shortest truthful answers possible (the more mundane the better) and do not volunteer any information whatsoever. If it makes no difference (i.e. the DHS goons wouldn't understand even if you tried to explain it to their level), then use simple and plausibly deniable lies to expedite the process. If you really want to pull this off well then it is best to do some research into their procedures and decide what you are going to say ahead of time. Prepare you persona and then be that person and be as boring and ordinary as possible. Incidentally, these are some of the same techniques that our own government teaches to CIA case officers for crossing foreign borders or customs into foreign countries on unofficial cover.
Here are the facts to back up your statement. Police or border agents don't even make the list.
Top 10 most dangerous jobs in the USA (Fatalities per 100,000)
Timber cutters 117.8
Fishers 71.1
Pilots and navigators 69.8
Structural metal workers 58.2
Drivers-sales workers 37.9
Roofers 37
Electrical power installers 32.5
Farm occupations 28
Construction laborers 27.7
Truck drivers 25
Source: Bureau of Labor Statistics; survey of occupations with minimum 30 fatalities and 45,000 workers in 2002
SCOTUS disagreed, in the Bad Elk case, stating "If the officer had no right to arrest, the other party might resist the illegal attempt to arrest him, using no more force than was absolutely necessary to repel the assault constituting the attempt to arrest."
Expecting people to submit to kidnapping because the kidnappers have badges is not compatible with a free society.
I wouldn't expect courts to follow this precedent in our modern police state, but to my knowledge SCOTUS has not overturned it.
Tom Swiss | the infamous tms | my blog
You cannot wash away blood with blood
ANYWHERE.
http://www.constitution.org/uslaw/defunlaw.htm
You can pretty much say it's legal to resist an unlawful arrest to the point of using lethal force to do so if it is truly an unlawful arrest.
You'll be free of criminal charges - that won't stop the impending unlawful death civil suit filed by the family, so don't think you'd easily get off that scot-free.
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
LOL! Fixed that for you. 99.9% of prisoners are not violating drug laws out of any sort of political statement or act of civic disobedience. The vast majority are scumbags who are trying to make an easy buck. Let's not make them all Nelson Mandela or something.
A few numbers for your information.
First of all, USA is the world leader in both absolute prison population (2.3 million), and number of people imprisoned per capita (7 per 1000). The second country on that list is the evil communist China which supposedly imprisons dissidents left and right - they have 1.5 million in jail, or 1/5th of your figure per capita. Now those are official figures, and some Chinese dissidents claim that actual figures are way higher. But even if you take their numbers, the result would still be almost equal to U.S. per capita rate.
Now, do you, perhaps, wish to argue that Americans are such evil crooks compared to all other nations (considering your statement that "99.9% of prisoners are scumbags")?
Let's move on. Half of U.S. prisoners are incarcerated for non-violent offences; 20% are in there for drug offences, and vast majority of those are in there for "drug abuse" (i.e. using drugs personally, not distributing them). Looking from another angle, mere possession of cannabis is the 4th most common cause for arrest in U.S.
Also, historically, this didn't use to be like that at all. There has been a huge spike in incarceration rates from early 80s onward - guess what it coincides with...
Being homeless on public property may be a crime, but have you ever been homeless? I have. It sucks getting cops come up to you, handcuff you, search through all your shit for crack or whatever, then tell you you're not legally allowed to exist there for the night. This has happened to me on multiple occasions. When I asked the cop where I could spend the nigh, I was told not within the county border. Do you understand how shitty this is? Just because being homeless is a crime doesn't mean you can have zero compassion for "law breakers." Seriously, do you know how much it sucks to be homeless???
The "war on drugs" is fundamentally political. It was started by Nixon as a way to punish what he saw as his chief enemies: the hippies who were constantly protesting against his Vietnam policies. Before Nixon's war on drugs, while drug use was technically illegal, there were far fewer arrests and incarcerations than after it got underway. Even then, the really intense number of incarcerations didn't happen until Reagan - again as a political measure against those he had seen as his enemies since they opposed his governorship in California - redoubled the effort.
Of course the war on drugs has been hardest on blacks. One of the chief political complaints against the hippies was they were taking too much of their culture and attitude from blacks. And blacks are less likely to have political connections - say through parents and college friends - to defend themselves against drug persecution. So they've been the easiest target. Still, the war on drugs is essentially Nixon's - and Reagan's - war against the hippies, based on their perception that the hippies were there personal enemies, and arguably enemies of everything essential to "America" - unbridled militarism, for instance.
There's nothing more political than substances that can help break people out of their followership trance.
"with their freedom lost all virtue lose" - Milton
Now, the US simply doesn't ask for these laws to be put in place, they shoe horn, back door and in some cases force it.
Well said! Here is a recent example of US "coercing" of Spain into adopting IIPA's world view (i.e. police the internet for the US) - basically not inviting the worlds eighth largest economy to the world crisis summit(s), unless they bent over for IIPA. Same old same old, but at least more Americans at least appear to be becoming aware of why this kind of extremely arrogant foreign policy makes them so unpopular around the world.
Oh! You meant 1984.
I cross this same border regularly, and after reading the story, something is confusing to me. The story says that he was "returning to Canada". When returning to Canada there's a toll booth on the US side where you pay the bridge toll (staffed by employees of the bridge authority -- who are not customs agents). The customs inspection is always on the far side of the bridge, in this case the Canadian side. This would have been staffed by Canadian customs agents.
Does this article mean to say that there were US Customs & Border inspection at the toll booth on the US side? That would be very irregular. The only time I have ever seen an exception is during the weekend of the Mackinac Race when police are trying to curtail drunk driving across the bridge (there's a huge party just before the race, heavy drinking, etc.).
I really feel for Mr. Watts. I'm just trying to understand what happened.
I found a news article explaining that Mr. Watts was selected randomly for a "secondary Customs inspection" and that he was belligerent about it. I don't know what actually happened, but there's always another side to the story and, in typical Slashdot fashion, it doesn't appear anyone's considered what the other side to this one is. For instance, his being half-naked in a cell is likely because he was subdued by pepper spray, which has a tendency to get into your clothing and make you want it off of your body. I have seen one individual tear off his sweatshirt pro wrestler-style in the dead of a Montana winter night because of the pepper spray in the shirt.
It's quite likely that the US border agents went too far, but it's less likely that they beat up a Canadian celebrity just for sport.
I've travelled to China regularly, and also to East Germany in 1987. Compared to the shit you've got to go through with US Customs (10 fingerprints, complete biography emailed before you go there, etc. and then all the risks of possesions being impounded) entering those countries was a breeze.
The onliest place I'd be less likely to visit than the USA in the near future is North Korea.
Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)