Open Letter to Janet Napolitano, Director of Homeland Security: I was driving, with a friend, back from San Luis, Mexico on 5/4/2009 around 7p.m., when I came across a permanent Border Patrol check point located north of Yuma Arizona, and south of Quartsite Arizona, on US 95. 

 

I had passed through this check point on numerous occasions before, so it came as no surprise to me that it was there.  Since I know that the border patrol officers manning it are just “doing their jobs”, I like to make things easy on them, so I had my passport and my friend’s identification ready for the officer to inspect.

 

There were no cars ahead of me as I slowed and approached the check point.  As I did so, I turned off my headlights, leaving my running lights on, and turned on the dome lights inside the vehicle, so that the officers could see more clearly inside.  I also rolled the front windows down all the way, as they are tinted, so that the officer could see inside the vehicle.  As I moved closer, I noticed there were about 9 or 10 officers standing around.  One officer was on the left, to check papers.  Another one, with a big German Shepard dog, was in the middle of the road, presumably to block further travel, and the rest of the group was on the right.  When I pulled up and stopped, I handed our identification documents to the officer.  He asked a few questions about our travels that day, and he directed me to roll down the rear windows all the way so they could see inside the rear of the vehicle, which I complied with.  In the mean time, the officer with the dog moved around to the passenger side of the vehicle.  The window on that side was down all the way, and the front passenger seat was occupied by my friend.  The officer with the dog commanded it to jump up on the side of the car and stick its head into the vehicle.  My friend, who had been attacked by a dog as a child, was very startled and extremely frightened.  I shouted at the officer to get the dog off the car, that the dog probably damaged the vehicle with its toe nails.  The officer responded, with out inspection, that the dog didn’t do anything.  I had heard scratching on the side of the car when the dog jumped up.  The agent on my side of the car said I could proceed.  I did so immediately.  I felt that it would be in my best interest to just drive on and inspect the vehicle at home. 

 

Once at home and in the garage, I inspected the vehicle more closely in proper lighting.  The dog had indeed marred the finish on the vehicle and had also damaged the molding around the window, which I took photos of.  I also have a friend who’s nice day, visiting with family, is shattered because a Border Patrol officer stuck his German Shepard in her face.  I shudder to think what would have happened if we had had one of our own pets in the car, unleashed, when that officer commanded his dog to stick his head into the vehicle.  I am sure our pet would have defended its territory, and its owners, and rightfully so. 

 

I think that this incident has brought to light a situation that has the potential to become very dangerous.  I would encourage a change in policy, that in the future, Border Patrol agents are only authorized to walk their dogs around the outside of a vehicle, unless the dog indicates a more in depth inspection is warranted.

 

Taking this proactive measure will protect private property from damage, it will prevent any unnecessary distress to citizens, and it will reduce the risk of any unforeseen, preventable incidents in the future.  I would like to be kept informed of any decisions, actions, or policy changes regarding this matter.

 

Thanking you at this time Mervin G. Fried 4370 N. Lomita Street Kingman, Arizona 928-530-9560 Cc: Arizona Senator John McCain, Arizona Senator John Kyl, Arizona Governor Jan Brewer, Arizona Congressman Trent Franks, Arizona State Senator Ron Gould, Arizona Attorney General Terry Goddard, KTVK Channel 3, KPHO Channel 5, KSAZ Channel 10, KNXV Channel 15, The Arizona Republic.