Thread: NC: Fishing while brown

Fishing while brown
13 AUG 2008 • by Vernal Coleman



It was twilight Aug. 6 when Officer Jeff Brown of the N.C. Wildlife Resources Commission noticed an empty Toyota Pathfinder while patrolling an access road near the Haw River. After inspecting the car and finding no one, Brown walked to the edge of the river access point and saw men casting a fishing net. They had come from Kernersville after having heard of the good fishing to be had in Burlington, one man told him. According to Brown, the men were trying to hide a cooler full of fish as he approached.

Brown asked to see each of their fishing licenses, but no one had one. He then asked for their identification. Among them, all they had were two El Salvadorian ID cards and an expired California driver's license. He arrested the five men—Antonio Ordaz, Jose Ernesto, Javier Jimenez, Edwin Marquez and Juan Aria—who, because they were fishing at the wrong hole at the wrong time, are in custody at the Immigration and Custom Enforcement holding facility in Alamance County Jail, waiting to be deported to their home countries.

The men could have merely been cited, but Brown chose to arrest them.

"We're certified state law enforcement officers, and it's up to an officer's discretion whether to arrest someone," Brown told the Indy. "If a person has no I.D. on them, and you feel that they may not appear in court on you, or that they may not pay the ticket off ... yeah, we do arrest them."

Like most state law enforcement agencies, the N.C. Wildlife Resources Commission doesn't track how many individuals arrested by their officers end up in ICE custody. Similarly, its officials insist that they don't target any group for arrest.

Within the last two years, N.C. Wildlife officers have checked the licenses of 110,000 anglers. Of those, about 5,000 of them were issued citations. How many of those citations resulted in arrest, the agency couldn't say.

The much-scrutinized 287g section of the Immigration and Nationality Act, adopted by Alamance County last year, allows in-house immigration officers to identify and deport undocumented immigrants who have, for whatever reason, found their way into custody—fishing without a license included. Shortly after their arrival at the jail, the five men arrested by Brown were processed and found to be living in the U.S. illegally.

"It's things like that which are a testament to the fact that 287g isn't working at it was intended," says Rebecca Headen, Racial Justice Project director of the North Carolina ACLU. "It's is a misguided program that takes energy and resources away from regular law enforcement."

Other critics of the 287g program say that the program opens the door to racial profiling, and that it corrodes the relationship between police and the communities they are charged to protect.

Some in law enforcement contend that what some critics of the program are really advocating is a selective application of the law.

"The law has to be fair and equitable, otherwise it doesn't work," posits H.R. "Randy" Jones, spokesperson for the Alamance County Sheriff's Department. "What some people do not seem to understand is that 287g is just a screening program, meaning that you have to be detained and arrested first. What some folks are asking is that we not do our jobs."

The five men detained by Brown represented themselves during their trial last week and pleaded guilty to charges of fishing without a license and possession of fish without an authorized method. In pleading to the charges, they expedited their own deportations.

According to Brown, the basic fine for fishing without a license is $35. For those unable to produce a valid North Carolina identification card the fine jumps to $75; additional fees increase the total cost of the ticket to $196.

Brown acknowledged he didn't cite the men for being unlicensed, non-resident anglers, which would have required them to pay the fine. Asked why, one could almost hear him shrug through the receiver.

"They were going to jail anyway," he says. "So it really wouldn't have mattered."
http://www.indyweek.com/gyrobase/Conten ... d%3A262308

Good job, Officer Brown!

Great Job and CONGRATULATIONS go out for Officer Jeff Brown and also to the Alamance County Sheriff's Department

"It's things like that which are a testament to the fact that 287g isn't working at it was intended," says Rebecca Headen, Racial Justice Project director of the North Carolina ACLU. "It's is a misguided program that takes energy and resources away from regular law enforcement."

This is real LAW ENFORCEMENT!

ACLU NEEDS TO PUT IT WHERE THE SUN DOESN"T SHINE!!!!

GREAT JOB OFFICER BROWN - THANK YOU!

Gosh darn....ya know....the streets in America aren't paved in gold and you can't even throw a fishing line in the local river without a license! Can't shoot a critter in your yard to eat. Can't do anything without paying for it , being taxed for it, or a law about it. Can't grow where there's empty land, can't make a fire when your cold, can't even jump in the river when you're hot without someone telling you, you can't do that or you gotta pay to do that. Land of the FREE!!!!!

Not the fantasy world they probably expected.

"The law has to be fair and equitable, otherwise it doesn't work," posits H.R. "Randy" Jones, spokesperson for the Alamance County Sheriff's Department. "What some people do not seem to understand is that 287g is just a screening program, meaning that you have to be detained and arrested first. What some folks are asking is that we not do our jobs."

That's right. Arrest me, check my status and that's fine with me. I don't know about there, but here fishing with nets is illegal unless you are in the ocean. Anyone here could also be arrested for that, their equipment confiscated, and fined or detained depending on their attitude with the officer. Anyone without ID would be suspicious. We've always had to have two ID's when fishing or hunting in our state. You can be required to use your drivers license.

This is my favorite story so far this week!

Originally Posted by florgal

This is my favorite story so far this week!

Pretty good. Love it. Sure we don't want our environment spoiled by people over fishing, especially those who don't belong here.

"The law has to be fair and equitable, otherwise it doesn't work," posits H.R. "Randy" Jones, spokesperson for the Alamance County Sheriff's Department. "What some people do not seem to understand is that 287g is just a screening program, meaning that you have to be detained and arrested first. What some folks are asking is that we not do our jobs."

Yep, seems many folks do not want law enforcement officers to do their jobs. Amazing!

Good story zeezil!

He arrested the five men—Antonio Ordaz, Jose Ernesto, Javier Jimenez, Edwin Marquez and Juan Aria—who, because they were fishing at the wrong hole at the wrong time, are in custody at the Immigration and Custom Enforcement holding facility in Alamance County Jail, waiting to be deported to their home countries.

If a game warden can do it, why cannot the police officers across this country when they pull over an illegal invader and they are found to be driving without a license!

Way to go Officer Brown! Great job! Also, not sure what this title of this article"Fishing while Brown" is supposed to convey. Is it a play on words because the officer is named "Brown," or is it supposed to imply these illegal invaders were arrested simply because they have brown skin?

Certainly ambiguous...