In other words, if Palacios' ranch were within that range, he likely wouldn't have a case. The precise distance between the border and Palacios' ranch matters: under federal law, agents can go onto private property that is within 25 miles of the border "for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States." The nearest US-Mexico border crossing is at Laredo. Advertisementįurther Reading Building America’s Trust Act would amp up privacy concerns at the borderPalacios' ranch is situated at the 35-mile marker due north from Laredo, along Interstate 35, just three miles south of the small town of Encinal. This federal lawsuit has raised thorny questions about the limits of the government's power to conduct surveillance-in the name of border security-on private property, without the landowner's permission. The camera now remains in Palacios' attorneys' possession while they are attempting to ask the case's judge to allow them to formally introduce it as evidence. "To have put him in jail would have been-forget the indecency of it-what a way to end a career." "My client is 74 years old, he's a lawyer, been practicing for almost 50 years, he has no criminal history whatsoever, law-abiding citizen, respected lawyer and senior citizen," Raul Casso, one of the attorneys representing Palacios, told Ars. Palacios accused them of trespass and of violating his constitutional rights. He was tired of agents routinely trespassing on his land, and, even after complaining several times, he was frustrated that his grievances were not being heard.Īs a possible way to ward off the threat of arrest, he sued the two agencies, along with a named CPB agent, Mario Martinez. Palacios, who had run-ins with local CBP agents going back several years, took the camera as the last straw. Palacios refused, and they threatened him with arrest. Each agency claimed the camera as its own and demanded that it be returned. Soon after, Palacios received phone calls from Customs and Border Protection officials and the Texas Rangers. Not knowing what it was or how it got there, Ricardo Palacios removed it. The camera was encased in green plastic and had a transmitting antenna. Survivors are forced to deal with these crimes for the rest of their lives – with little assistance from the legal system.Further Reading Remember the artist whose iPhone was searched at border? He’s suing the fedsLast November, a 74-year-old rancher and attorney was walking around his ranch just south of Encinal, Texas, when he happened upon a small portable camera strapped approximately eight feet high onto a mesquite tree near his son's home. “Anyone who has ever viewed one of these nonconsensual images could have taken a screenshot and can share that screenshot any time, on any website, from which it may spread uncontrollably. She said, “Officials in the criminal legal system – most of whom are men – often seem to simply not understand, or not accept, that these are very serious crimes.” to How to find hidden cameras in AirBnBs #safety #travel ♬ original sound – Marcus Hutchinsĭue to the lasting repercussions of the crime, Heather thinks it’s not recognized or punished enough by the justice system in South Korea. “Filing a civil complaint would require victims to indicate their names and addresses, making this information available to the public, including to the person who committed the crime, something few survivors are comfortable doing,” she explained.
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