Customs and Border Protection officers drew their guns in detaining a San Diego family at gunpoint last Thursday at the San Ysidro Port of Entry. Joshua Durazo said his family was returning from his cousin’s funeral when they were detained.
The incident has left several questions unanswered, including why the officers used force against the family. Cell phone video captured the encounter, showing officers instructing everyone to step out one by one and walk backward with their hands in the air.
Durazo said that after being handcuffed and taken to a holding tank, he learned that the officers were looking for someone named Jorge Gonzalez – his cousin’s name, but also a common one. The family was eventually released, but Durazo said they were traumatized by the experience.
Customs and Border Protection has not responded to requests for information on this incident. Civil rights lawyer Joseph McMullen, who is representing several clients against CBP, said that the use of force against the family raises serious questions about why it happened and whether an investigation will be conducted.
McMullen noted that the Supreme Court has established clear guidelines for border searches, distinguishing between routine and non-routine searches. For a routine search, there doesn’t have to be any suspicion of wrongdoing, but for a non-routine search, reasonable suspicion is required.
In this case, McMullen said, pointing guns at the family was a use of force that requires a clear justification. He questioned why the officers used such force against the family and whether it was justified by any legitimate law enforcement purpose.
McMullen emphasized that the Constitution applies to people at the border, including the Fourth Amendment, which protects citizens from unreasonable searches and seizures. He noted that surveillance video of the incident should be preserved for an investigation.
Ultimately, McMullen said, the question remains: what justifies pointing guns at a 75-year-old woman and two children? “It raises real questions about why they did this,” he said, adding that the justification for such force needs to be compelling. “That is not routine, and that requires quite a bit of suspicion.”
Source: NBC San Diego
