http://www.kpho.com/story/28108702/bodrder-patrol-agents-directed-to-release-drunk-driversBorder Patrol agents advised to release drunk drivers
PHOENIX (CBS5) -
13 Feb
A training memo for federal agents who patrol Arizona advises them they are under no obligation to detain an alcohol impaired driver and they face no liability by allowing them to continue driving.
The memo was shared exclusively with CBS5 Friday night. It was circulated among Customs and Border Patrol agents who work Arizona's Tucson sector. The memo gives agents three options of what they can do with a driver they suspect to be impaired:
Do not detain them
Detain the impaired individual at the request of a state or local law enforcement officer
Detain the impaired individual without a request from a state or local law enforcement officer
The memo also explains the ramifications of each option and what liability the agent could face. Only in the "do not detain them" option would the agent be free from any liability.
Border Patrol agents are not certified peace officers in Arizona, meaning they do not have the lawful authority to arrest someone suspected of breaking state law.