The Unlawful Stop and Detention of David and Jessica Rodriguez
On or about December 2, 2007, Mr. and Mrs. Rodriguez, along with their two young children, visited Lake Bartlett. As they were leaving the preserve, while driving on a paved road, they saw a sign that read, "Road Damaged." They could then see that the road ahead was washed out by recent rains. Two Sheriff’s vehicles were parked on the opposite side of the wash-out.
Like the motorcycle rider behind him, Mr. Rodriguez decided to turn around and head the other way. The two Sheriff’s vehicles followed. The deputies stopped Mr. Rodriguez, the motorcycle now in front of them and another sedan. The deputies let the motorcycle and sedan go in short order, without visibly exchanging any documentation.
When Deputy Matthew Ratcliffe approached Mr. Rodriguez, however, Deputy Ratcliffe asked for a social security card, driver’s license, vehicle registration and proof of insurance. Mrs. Rodriguez asked Deputy Ratcliffe why he needed to see a social security card, to which he responded, "standard procedure."
Deputy Ratcliffe then asked Mr. Rodriguez whether he had seen the "Road Closed" sign. Mr. Rodriguez explained that he had seen only a "Road Damaged" sign. The Rodriguezes later discovered that there was a "Road Closed" sign, but on a part of the paved road that they had not traveled. Deputy Ratcliffe took down Mr. Rodriguez’s information and returned to his vehicle.
While they waited, the Rodriguezes watched another deputy pull over several other vehicles, and from all appearances, the other drivers were being given only warnings. When Deputy Ratcliffe returned, Mrs. Rodriguez asked if they could be given a warning like eveiyone else. He said no.
Mrs. Rodriguez told Deputy Ratcliffe that this was selective enforcement. She said that this looked like racial profiling. Deputy Ratcliffe became visibly angiy and gave them a citation for failure to obey a traffic control device.
Deputy Ratcliffe returned to his vehicle, turned on his siren and yelled over the loud speaker "you’re free to go." As Mr. Rodriguez drove to the exit of the preserve, he finally saw the "Road Closed" sign. He pulled over and waited on the side ofthe road. Mr. Rodriguez was able to stop and speak with several drivers he had seen pulled over by Sheriff’s deputies. Not one of them had been asked for a social security card, and not one of them had been given a citation. The other drivers were all Caucasian. The next day, Mrs. Rodriguez filed a formal complaint with the MCSO. To date, she has not received a formal response.
The Unlawful Stop and Detention of Manuel de Jesus Ortega Melendres
On September 6, 2007, Mr. Ortega legally entered the United States at the border station in Nogales, Arizona. Mr. Ortega possesses a U.S. Visa that is valid through August 23, 2016, and possessed a Permit issued by the U.S. Department of Homeland Security that was valid through November 1, 2007.
On or about September 26, 2007, at 6:15 a.m., Mr. Ortega was a passenger in a vehicle in Cave Creek, Arizona that was stopped by officers from the Maricopa County Sheriff’s Office. The vehicle was being driven by a Caucasian male, but the passengers, including Mr. Ortega, were Latino men.
The officers told the driver that he was being stopped for speeding, but they did not give him a citation or take him into custody. The officers looked at Mr. Ortega sitting in the vehicle and asked him to produce identification.
Mr. Ortega showed them the following documents that he had in his wallet: a) his United States Visa, which has his photograph and fingerprint on it; b) his Mexican Federal Voter Registration card, which also has his photograph and fingerprint on it; and c) a copy of the Permit he was given by the U.S. Department of Homeland Security with a stamp showing its validity through November 1, 2007.
Although Mr. Ortega produced identification establishing his legal status, the officers told him to exit the vehicle. After exiting the vehicle, the officers pushed Mr. Ortega against a police vehicle and roughly patted him down over his entire body.
The Sheriff’s officers then took eveiything out of Mr. Ortega’s pockets, including his wallet and a small bottle of lotion that Mr. Ortega occasionally applies to his face so that his skin does not become dry. The Sheriff’s officers, upon removal of the small bottle of lotion from Mr. Ortega’s pocket, asked Mr. Ortega in a confrontational manner, "How many times a week do you jack off?"
Mr. Ortega was then handcuffed with his arms behind his back. Mr.Ortega had a broken wrist years ago that did not heal correctly. His wrist has a visible deformity and causes him pain. Mr. Ortega asked the Sheriff’s officers to please be careful in handcuffing him, but they handled him roughly. The officers kept Mr.Ortega’s hands handcuffed behind his back for approximately 40 minutes.
The officers then put Mr. Ortega in the back of a Sheriff’s vehicle and took him to the Sheriff’s office in Cave Creek where he was placed in a holding cell for four hours. Throughout the time that Mr. Ortega was seized from the vehicle, patted down, handcuffed, transported to the Sheriff’s office, placed in the holding cell and left
to remain in the holding cell, no one from the Sheriff’s office explained anything to him,and no one offered to get a Spanish speaking officer or translator to assist in
communicating with him.
The officers did not advise Mr. Ortega ofhis Miranda rights.
The officers did not give Mr. Ortega any opportunity to make a phone call.
The officers did not tell Mr. Ortega what crime he allegedly committed, or if he was being charged with any crime.
The officers did not say anything about what might happen to Mr. Ortega.
The officers did not give Mr. Ortega any documents regarding his arrest or their putting him in jail.
After the Sheriff’s officers left Mr. Ortega in the jail for four hours, they placed him in handcuffs again and drove him to downtown Phoenix. The driver of that vehicle spoke Spanish. Mr. Ortega explained that his wrist was quite painful and asked if he could be handcuffed with his hands in front of him rather than behind him. The driver said that he could not do that.
The officers drove Mr. Ortega to the local ICE office. They took him inside and removed the handcuffs. Mr. Ortega’s hands were swollen, and he was in pain. At the ICE office, Mr. Ortega was placed in a holding cell again and left unattended for more than an hour.
Mr. Ortega was then taken to an ICE official who did not identify himself. The Sheriff’s officers who arrested Mr. Ortega were also present. The ICE official asked for Mr. Ortega’s documents. He took a quick look at the documents and said, "These documents are good." The ICE official told Mr. Ortega he was free to leave.
Mr. Ortega had been in custody for about nine hours. During that time, Mr. Ortega was never: a) given any water, b) given any food, c) told his rights, or d) given the name of any of the officers involved.
Mr. Ortega also was never given any paperwork, other than a case number, with any information about his: a) being stopped, b) being taken into custody by the Sheriff’s officers, c) being held in jail by the Sheriffs officers, d) being transferred to the ICE office, e) being held in jail at the ICE office, or f) his being released from custody. After being released, Mr. Ortega had to make his own way from downtown Phoenix to Cave Creek.
Because of Mr. Ortega’ experience with the Maricopa County Sheriff’s officers he is now afraid. He is frightened to walk on the street or be seen in public in Maricopa County because he fears that the Sheriff’s officers will come and arrest him again because he is Latino and does not speak English. Mr. Ortega is afraid that the Sheriff’s officers will hurt him physically if they pick him up again. Mr. Ortega is afraid that he will be thrown in jail without any explanation, without any rights, and without any opportunity to get help even though the federal government of the United States has issued a Visa to him that gives him permission to be here.
The Unlawful Stop and Detention of Velia Meraz and Manuel Nieto, Jr.
On or about March 28, 2008, a little before 3:00 p.m., Ms. Meraz and Mr. Nieto drove down the block from their family business, Manuel’s Auto Repair, to the Quick Stop at the corner of N. Cave Creek and E. Nisbet Roads. They had the windows down, and Ms. Meraz was singing along to Spanish music.
Pulling into the Quick Stop, they noticed a Sheriff’s vehicle behind one of the vehicles at the pumps. The officer, Deputy Alberto Armendariz, was speaking with two Latino-looking men in handcuffs. As soon as Mr. Nieto parked the car, Deputy Armendariz yelled over to them that they should leave. Ms. Meraz asked why.
Leaving the two handcuffed gentlemen, Deputy Armendariz approached Ms. Meraz and accused them of disturbing the peace. Ms. Meraz explained that she was just singing to her music. Deputy Armendariz repeated that they had better leave before he arrested them for disorderly conduct. Ms. Meraz said that they would leave, but asked the deputy for his badge number. The Deputy then starting speaking into his radio, evidently calling for additional officers.
As Mr. Nieto and Ms. Meraz pulled out of the Quick Stop, they noticed a motorcycle officer coming down Cave Creek Road. Deputy Armendariz waved at the motorcycle officer, directing him to follow Mr. Nieto and Ms. Meraz.
Mr. Nieto then saw the motorcycle officer and three other Sheriff’s vehicles behind them. The motorcycle officer told Mr. Nieto to pull over and get out of the car.
Mr. Nieto quickly dialed 9-1-1 and reported that he was being harassed by Sheriff’s officers for no apparent reason. Mr. Nieto’s family business was no more than 50 yards away, so he pulled into the parking lot there.
The four police vehicles descended on them, blocking off the street and their business. The officers jumped out oftheir vehicles and raised their weapons. Among the officers were Deputies Douglas Beeks and Cesar Brockman.
An officer grabbed Mr. Nieto and pulled him out of the car. He was pressed face first against his car. His arms were twisted behind his back and he was handcuffed.
An officer then asked Mr. Nieto if he had a driver’s license. He responded thathe did.
The sound of the commotion drew other people from the repair shop. The officers told them to stay back. The customers were told that they needed to leave or be arrested.
Mr. Nieto was petrified that he was going to be arrested in front of his family, neighbors and customers, though he had done nothing wrong.
Mr. Nieto’s father, who had come out ofthe shop, called out to the officers that the repair shop was his business, that Mr. Nieto and Ms. Meraz were his children and that they all were U.S. citizens.
The officers immediately backed down and lowered their weapons. Mr. Nieto was let out of the handcuffs. The officers asked for his identification and ran it through their computer system. They did not give him any citation.
Mr. Nieto asked why the officers had subjected him and his sister to such treatment. He was not given any explanation, nor any apology.
Upon information and belief, Mr. Nieto and Ms. Meraz were targeted because they look Latino. Upon information and belief, what happened to them was part ofthe sweep going on at that time on Cave Creek Road.
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