Sci-Fi Author Peter Watts Beaten, Charged During Border Crossing

[Bob Hubbard]

Sci-Fi Author Peter Watts Beaten, Charged During Border Crossing on Friday December 11, @07:50PM Friday December 11, @07:50PM
from the canadian-writers-are-a-threat-to-freedom-eh dept.

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."

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[Carol]

Its not nice to choke LEOs. They take it kind of personally, eh?

http://www.theobserver.ca/ArticleDisplay.aspx?e=2218531

 

[Bob Hubbard]

Interesting that that's the 1st I'm seeing that he supposedly choked the BP. Be interesting to see where this one goes.

 

[Archangel M]

http://www.theobserver.ca/ArticleDisplay.aspx?e=2218531

But the writer, Peter Watts of Toronto, wrote on his blog that he was "punched in the face, pepper-sprayed, *****-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.)."

...

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.

Alright take this in the spirit its intended. A little light hearted parody. I don't know the facts here and this may be (probably is) way off, but this is what my interpretation works out to.

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.

"Pull over here for a spot check sir."

"THIS IS ********! YOU DON'T KNOW WHO YOU ARE DEALING WITH! I HAVE RIGHTS! YOU HAVE NO RIGHT TO GO THROUGH MY CAR!"

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.

Sir. You better calm down and get back in your vehicle or you are going to be placed under arrest.

"YOU CANT ARREST ME! THIS IS HARASSMENT! I'LL HAVE YOUR JOB!"

Sir, turn around and put your hands behind you back. You are under arrest!

"**** YOU! YOU CANT ARREST ME! GET OFF ME! DONT YOU TOUCH ME YOU DON'T KNOW WHO I AM!"

[struggle ensues. Offender is grabbing at officers, pushing, shoving. It goes to the ground. Multiple cops are kneeling on the subject trying to cuff him. Maybe punching him in the arms/torso trying to get control of his limbs. Maybe a few hit the face unintentionally or maybe intentionally]

LOOK OUT! OC! OC! OC!

But the writer, Peter Watts of Toronto, wrote on his blog that he was "punched in the face, pepper-sprayed, *****-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.)."

READ: After being sprayed he was decontaminated w/water (which he probably had NO problem with at the time. You can't get me to H2O fast enough when I get OC'd LOL!). As part of the bookng process his belt/shoes/coat are taken and he is stripped down to pants t-shirt and socks (common) and put into a cell for arraignement (what did he expect a penthouse?).

Sometimes it seems like every EVERY knucklehead who resists and gets arrested crys about being wronged by "the man", he was totally innocent and was "beaten" by a gang of rouge cops.

It cheapens the cases of people who truely were abused IMO.

 

[Bob Hubbard]

Update (pulled from Slashdot) (not my post)

Peter Watts has put up a new post on the event [rifters.com]. 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:

1. Some are concluding that, when I was "dumped across the border in shirtsleeves", I had to walk across the Blue Water Bridge in a snowstorm without my coat. No. The bridge is on the US side of the border, which they had to drive me across to dump me on the other side of; and Canadian Customs was on that other side. This was no Starlight Cruise; I was not exposed to the weather unprotected for an inordinately long time. Still. It's winter. And they have my coat.
2. Others have warned me to delete my previous post, lest the bad guys seize upon it and twist it to their own dark purposes. Having had erroneous quotes attributed to me in the past, I know this is good advice (which is why I won't be commenting in too much detail upon some of the arcane blow-by-blows of the case in question). But my lawyer vetted that post before I put it up; I stand behind it.
3. Thanks to whoever posted the link to the Times-Herald story. I have three comments about the allegations therein. Firstly, the story claims that I was entering the US, not leaving it: this is empirically false. Secondly, I find it interesting that these guys characterise "pulling away" as "aggressive" behavior; I myself would regard it as a retreat. And thirdly, I did not "choke" anyone. I state this categorically. And having been told that cameras were in fact on site, I look forward to seeing the footage they provide.

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.

Camera's are AFAIK in use at all border stops.
It'll be interesting to see what the footage shows. Provided of course that the video isn't "lost" or that the cameras weren't "broken" or "mistakenly not activated".

Now this post had some excellent tips

First up, I've witnessed and had described by retired police officers occasions when an officer elected to go medieval on a citizen who was being only mildly disagreeable, or didn't immediately understand what the officer wanted, so I can well imagine Mr. Watts was unreasonably roughed up, and hit with trumped up charges.
That said, based on the information in TFA's links, as a practical, like-to-avoid-getting-my-***-handed-to-me matter, I might question Mr. Watts' evident lack of "street smarts". I'm just a mid-aged, college-educated white boy who for the most part stayed out of trouble. But, even I have heard and read enough to know that:

• In a police-controlled traffic stop or checkpoint, I should stay in my car until asked to exit.
• I should not act to touch an officer.
• I should not give an officer lip.
• I shouldn't get into small talk with an officer. Answers to questions, if I say anything at all, should be short. Admit nothing, deny nothing.
• I shouldn't give permission for an officer to search me or my car. If he does it anyway, save my complaints for later.
• If assaulted/battered by an officer, I should passively act to shield my face, jewels, etc, but take the lumps.
• I have few, if any, rights at an international border crossing (besides the intra-EU borders), and should be mentally prepared for BS.

Unfortunately, Mr. Watts may not have had any previous experiences that would prep him for the possibility that getting out of the queue at a border crossing wasn't the best plan. I hope his only lasting consequences are a bruised body and ego.

However this is also sadly true in some cases

Other forms of "resisting arrest":

• Not falling down fast enough after being struck or tasered.
• Being pushed by an officer into another officer.
• Placing or tapping your index finger ever so gently on the officer's shoulder.
• Cursing at the officer so that the officer's feelings are hurt.
• Having an epileptic seizure or heart attack during arrest.
• Not bending like a blade of grass when the officer attempts to wrap your limbs into a pretzel shape.
• Not knowing the language or not understanding the officers commands.
• Failing to produce a state issued ID card.
• Uttering the phrase "I won't answer your questions; I want to speak to a lawyer".

Also being a "funny guy" at a traffic stop, especially a BP stop can be, painful and time consuming. Never joke that you have Jimmy Hoffa in the trunk...you might get pulled over, your car disassembled, and then ticketed for littering if you can't put it back together again fast enough. (true story, got it from a BP guy I worked with back in the 80's.)

 

[Bob Hubbard]

Most of my US/Can crossings went ok. Only time I had problems was with Canadian agents who were confused by my artwork which I was bringing in for display at an event. (I had the correct paperwork, however they were confused) Ended up with a hour delay. US haven't had problems. NO experience with the US/Mex border, but I had no problems when I debarked in Miami after my cruise last week. Also, all of my encounters with police have been ok.

 

[Ken Morgan]

I cross the Canadian/US border multiple times a week.

Most of the border guards are fine, nice people, professional and all.

Some are, not rude, but brash, then again after sitting in a booth for hours on end doing the same job, I wouldn’t expect them to be friggn happy bowls of sunshine.

Sometimes I get into discussions about sports, politics, jobs, ex-wives and the like, generally it’s late, and they’re bored.

I’ve only ever had quick random searches at the gate, never been pulled over. Though as I continue to cross I know my turn is coming sooner or later. When it happens it happens, it’s their job, its their procedures, Hell its their country, (or mine if I’m coming home), they have every right to search my car.

I want them to do their job!! I expect them to keep their country and mine safe!!

This guy was an idiot, he should have shut the hell up, yes sir, no sir, thank you sir. Endure it and you’re gone reasonably quickly.

I knew a guy years ago who was in customs, he told me as soon as someone gave them a hard time, they did whatever they had to, to hold them up. Just as a lesson to them.

 

[jks9199]

I don't know what happened at the BP crossing station. I wasn't there. I suspect the truth is somewhat more like Archangel's account above than Watt's account that he did nothing wrong; I'm confident that the truth is somewhere in the middle.

But, let me offer some serious advice for police encounters. In fact, I think I may use my awesome moderator powers to start a thread and sticky it... because it comes up a lot. The bottom line is simple in the US. Unless the cop is going to murder you -- go with the program! Yes, common law says you can resist wrongful arrest. Odds are damn good that you're going to get hurt and still go to jail. With more charges and less chance of being able to get bail. And, even if the original charges are dropped at court -- the resisting can still stick! There's a time and place to argue a traffic ticket; it's not the side of the road. There's a time and place to dispute the facts of an arrest; again, it's not in the street. If you feel the cops did something wrong, every agency has a method in place to file a complaint. DO SO! If the local agency doesn't seem to take your complaint seriously, go to the state or FBI.

 

[Cryozombie]

My speculatiuon, without seeing any footage, and giving both sides the benefit of the doubt...

Cops were attempting to Detain the subject, or perhaps after he was sprayed... he reached out and was pushing at the cop and pushed his neck or throat...

Cop says "OMG HE TRIED TO CHOKE ME!"

Author Says "OMG I NEVER CHOKED HIM!"

And the truth is somewhere in the middle, The cop percieved the defensive shove as a choke, and the Author thinks he was just pushing but made contact with the officers neck.

 

[CoryKS]

How many people manage to cross the US-Canadian border without incident each day. I'm going to throw out a swag that this is a case of Driving While *******.

 

[Carol]

NO experience with the US/Mex border, but I had no problems when I debarked in Miami after my cruise last week. Also, all of my encounters with police have been ok.

Drugs (in quantity) and weapons are the big issues at the auto crossings on the U.S./Mexico border. For many reasons (issues with auto insurance, local corruption, etc) I would not recommend driving across unless one is going across for employment reasons and knows in advance what to do.

The pedestrian and the airport crossings are a lot easier. Many of the touristy border towns, such as Nogales, MX/Nogales, AZ have developed around foot traffic and the resort towns have built up so visitors can get around by foot or with a local taxicab.

 

[Sukerkin]

In general terms, whilst I am firmly a cooperative citizen in the camp of behaving with police as if they were decent human beings doing a difficult job, it never fails to give me a shiver that so many people will grant the police powers and lee-way beyond what they should have.

Yes it's a tough and thankless job and I wouldn't like to have to try and do it. But it should be a societal sub-text to restrict your police before they are used to restrict you. It is only a small step along the totalitarian road from it's 'best to do whatever an officer demands of you' (however unreasonable) to 'you must do whatever an officer demands of you' (however unreasonable).

 

[jks9199]

In general terms, whilst I am firmly a cooperative citizen in the camp of behaving with police as if they were decent human beings doing a difficult job, it never fails to give me a shiver that so many people will grant the police powers and lee-way beyond what they should have.

Yes it's a tough and thankless job and I wouldn't like to have to try and do it. But it should be a societal sub-text to restrict your police before they are used to restrict you. It is only a small step along the totalitarian road from it's 'best to do whatever an officer demands of you' (however unreasonable) to 'you must do whatever an officer demands of you' (however unreasonable).

But that's not exactly what I've said... The nuance is important.

At the time, go with the program. Then, at the proper time and place, complain. The alternative is not good. My general practice is to, first, ask someone to comply. Whether that's an arrest, discontinue an act, leave... I ask the first time. The second time -- I make it clear and they are told to do it. The third time? I make them do it. And if I can't make them on my own -- I get backup. But my job is to win -- and I'll do it.

Remember, in the US system, there are a number of checks and balances in place and the defense enjoys considerable rights in a criminal case. I don't mind; keep me honest! And... I've repeatedly encouraged people who believe that the police have acted wrongly to report it to the agency. That's another step in keeping cops honest; we're subject to scrutiny. But it does rely on people filing the complaints or notifying supervisors.

 

[Archangel M]

It is only a small step along the totalitarian road from it's 'best to do whatever an officer demands of you' (however unreasonable) to 'you must do whatever an officer demands of you' (however unreasonable).

While I understand the intent, I think that you are not understanding of the practice. Nobody is saying "jump off a bridge because a cop told you so".

Most people (it seems) wouldn't know if the officer was conducting an authorized arrest in the first place. Someone yelling "I KNOW MY RIGHTS"...well...they rarely do. We are not in the "pretty please business". I will ASK...I will TELL...then I will MAKE if I have no other option. You resist at stage 3 at your own risk.