Texas Criminal Lawyer Blog

I represent a lot of folks stopped at the Sierra Blanca, Texas checkpoint on IH 10 about 100 miles east of El Paso. I seldom if ever get a chance to talk to someone beforehe or she is arrested. If I did, here is what I would tell them:

If you’ve been arrested at the Texas-Mexico border, or at a “functional equivalent of the border” like the U.S. Customs/Border Patrol checkpoint on IH-10 at Sierra Blanca, Texas, -- here are some things to do, and not to do:

1. DO NOT talk to the border patrol or other law enforecement officers about the facts of your case, period.

The U.S. Constitution grants you the right to remain silent. If you do start talking, the comments you say can be used against you in court, and even seemingly innocent things that you say can come back to haunt you. You have to identify yourself, and produce identity information such as a driver's license or passport. Other than that, keep quiet!

Exceptions apply, however. If a judge orders you to answer questions, you must. And if you are not a United States’ citizen, at a border, law enforcement officers can require that you answer whether you have the permission to enter or come back to the United States.

2. DO note if officers stopped you explicitly because of your gender, religion, race, or ethnicity.

Customs officers can stop, search and detain anyone at the border, but they CANNOT do searches based solely on your religion, ethnicity, race, or gender.

3. DO NOT resist arrest or tell the officers they lack probable cause to arrest you or search your vehicle.

Resisting arrest or fleeing from officers can only get you into more trouble and can lead to separate charges, even if you’re ultimately cleared for the offense you’re being arrested for. Stay calm, keep your head, and contact an attorney as quickly as possible to help you deal with the border crime charges.

4. DO realize that many different kinds of officers can stop, search, and detain you.

A wide variety of Federal and state law enforcement agents work at the Texas-Mexico border or near checkpoints like Sierra Blanca, Texas. They include (but are not limited to):

o Homeland Security
o U.S. Immigration &Customs enforcements agents (ICE)
o DEA
o Joint Terrorism Task Force
o FBI
o Texas Department of Public Safety (DPS) troopers

5. DO NOT forget to write down any pertinent information about your stop, search, or arrest as soon as possible after the events
.
Memory is tricky. Details that may seem crystal clear in your mind can change or warp or disappear. That’s why eyewitness testimony is notoriously unreliable. So jot down details ASAP before they blur in your mind. For instance, write down any direct quotes you remember. Write down your recollections of the entire incident from beginning to end.
If any officer mistreated you or acted outside the law in any way, note that. Write out the sequence of events that occurred, so you and your attorney can look over what happened carefully and use the timeline reconstruction to aid your attorney in your defense.

6. DO NOT make panicky, rash decisions in the wake of your arrest or stop.

All too often, people who get arrested compound their problems by making panicky phone calls to relatives, admitting things that they shouldn’t to the police, bargaining inappropriately with the police, or even trying to flee arrest.

Again, be mindful of the longer-term consequences of these actions. If you behave appropriately and locate a reputable lawyer who has experience with border stops such as Sierra Blanca, you will be served much better.