LEGAL EXPERTS WORRY BORDER PATROL AGENTS EXCEEDING THEIR AUTHORITY

BISBEE, Ariz. (AP) -- Bisbee nurse Glen Goerdt says he's been stopped by
U.S. Border Patrol agents in southeastern Arizona several times, including
two occasions in which the agent asked him to open the trunk of his car.

Goerdt says he knew such a search would require a warrant, but he also knew
there was nothing incriminating in the trunk.

``I guess I wanted to show I was a good American and that I was clean.
Besides, I was in a hurry and I just wanted to get it over with,'' says
Goerdt. ``But I've always wondered what would happen if I'd said no.''

But to some legal experts in Arizona, Goerdt's decision to comply with the
agent's request is worrisome. Experts say the encounter highlights an
increasing trend: agents are acting beyond their authority in the border
region.

``The Border Patrol claims broad rights of search and seizure that go far
beyond what the Constitution allows. But a Border Patrol agent can ask you
your citizenship and that's about it,'' said Ivan Abrams, a former
assistant U.S. attorney who is now a defense attorney in Cochise County.

To do anything more, Abrams said, the agent must have the cooperation and
permission of the individual he's stopped, or must establish probable cause
to make an arrest.

Eleanor Eisenberg, executive director of the Arizona Civil Liberties Union,
agreed. She noted that the agency benefits from a public perception that
its officers have the authority to stop and search people in the vicinity
of the border.

Like a security search at an airport, the border stop has come to be viewed
by many as the cost of protecting society.

Eisenberg said the erosion of this area of civil rights has been aided by
legislation and court decisions that have expanded the definition of
probable cause and increased the admissibility of questionably gathered
evidence.

Ed Pyeatt, an assistant chief of the Border Patrol's Tucson Sector, said
agents are trained to deal with the public in a friendly and courteous
manner that elicits people's cooperation, but they are also trained about
the requirements of the law.

He said the agency receives few complaints regarding vehicle searches and
does not believe it is a problem.

``Our ladies and gentlemen are very well trained to recognize reasonable
suspicion and probable cause,'' he said.

The authority of U.S. Immigration and Naturalization Service officers,
which include the Border Patrol, begins at the border points of entry.

There, immigration inspectors and U.S. Customs agents share the
responsibility of greeting all U.S.-bound people with questions aimed at
determining citizenship and eligibility for legal entry into the country.

The legal authority of immigration officers to act without a warrant away
from the border is described in Title 8 of U.S. Code 1357, which empowers
INS officers and employees to interrogate a suspected illegal entrant as to
his right to remain in the United States.

The code also authorizes the agent to arrest anyone who in his presence or
view is entering or attempting to enter the U.S. illegally, or who he
believes is in the country illegally.

The same portion of the code contains provisions that allow immigration
officers to board and search buses, trains, airplanes and other vehicles
within a ``reasonable distance'' of the border.

Within 25 miles of the border, immigration officers may ``have access to
private lands, but not dwellings, for the purpose of patrolling the border
to prevent illegal entry.''

Abrams said he normally advises his clients to respond to agents' questions
on citizenship, but that they not cooperate further or agree to a voluntary
search.

A vehicle stop is always more of a confrontation because of the Fourth
Amendment requirement that agents establish a reasonable suspicion of a
crime before pulling a vehicle over.

``The agent has the right to inspect portions of the vehicle's passenger
compartment, mainly areas accessible to the passengers, to ensure there is
not a weapon present,'' said Pyeatt.

Checked-by: Richard Lake