Resolution of the Board of Commissioners of San Miguel County, Colorado Expressing the Commitment of San Miguel County to Civil Rights and Liberties
Resolution 2002-19
WHEREAS, following the attacks on America of September 11, 2001 the Congress passed the USA Patriot Act (PL107-56) on October 26, 2001; and
WHEREAS, the provisions of the USA PATRIOT Act expand the authority of the federal government to detain and investigate citizens and non-citizens and engage in electronic surveillance of citizens and non-citizens; and
WHEREAS, many people throughout communities across the nation, including San Miguel County, are concerned that certain provisions in the USA PATRIOT Act threaten civil rights and liberties guaranteed under the United States Constitution; and
WHEREAS, San Miguel County has been, and remains, committed to the protection of civil rights and liberties for all people as expressed in the United States and the Colorado Constitutions; and
WHEREAS, the policy of the San Miguel County Sheriff's Office is that all detentions or stops must be supported by reasonable suspicion that a crime has been committed or is about to be committed, and that all arrests and searches of person and/or property by officers in San Miguel County must be based on a showing of probable cause, as required by the Fourth Amendment of the U.S. Constitution and Article II, Section 7 of the Colorado Constitution; and
WHEREAS, the policy of San Miguel County Sheriff's Office is, further, that officers shall not consider race, ethnicity, national origin, age, sex, sexual orientation, or religion as a sole basis for establishing reasonable suspicion, probable cause, or a basis for requesting consent to search, and the Sheriff has confirmed to the Board of Commissioners that this policy is and will remain in full force.
WHEREAS, a public meeting was held on May 20, 2002 before the Board of County Commissioners, San Miguel County, Colorado on this matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of San Miguel County as follows:
- That San Miguel County has been, and remains, firmly committed to the protection of civil rights and civil liberties for all people
- That San Miguel County affirms the following principles: every person has the right to be free from unreasonable search and seizure, arrests may not be made without establishing reasonable suspicion or probably cause that a crime has been committed or is about to be committed, every person has the right to equal protection under the law and the right not to be deprived of life, liberty or property without due process of law, and every person has the right to free speech and freedom of association under the First Amendment of the United States Constitution.
- That San Miguel County respects and values public safety intelligence gathering as an indispensable part of law enforcement and of national security. San Miguel County intends that such information be regularly and rigorously examined for compliance with the following policy. Currently held information shall be thoroughly and carefully reviewed for its appropriateness, using the United States an Colorado Constitutions and the established San Miguel County Sheriff's Office policy: ""No information about political, religious, or social views, associations, or activities should be collected unless the information relates to criminal activity and the subject is suspected of criminal activity,"" as our guides
- That San Miguel County reaffirms the County's commitment to unbiased policing as expressed in the policies of San Miguel County Sheriff's Office and endorses the principle that no law enforcement or other county agency may profile or discriminate against any person on the basis of race, ethnicity, national origin, age, sex, sexual orientation, or religion.
- That San Miguel County reaffirms its support of the government of the United States of America in its campaign against global terrorism, but also reaffirms its commitment that such campaign not be waged at the expense of essential civil rights and liberties of the people of San Miguel County and the United States.
APPROVED and DONE this 20th day of May, 2002
SAN MIGUEL COUNTY
BOARD OF COMMISSIONERS
/s/ Art Goodtimes, Chair
ATTEST:
/s/ Maria A. Thomas
Chief Deputy Clerk