If You Love Freedom, Thank a Librarian.

I got a ticket from Harlingen in the mail today for $75.00 for running a stop light on March 26, 2008. Of course, I promptly paid it, as I always do during those occasional periods when I have enough cash to pay them. Otherwise I become self-righteous, innocent and decide to demand my Texas Constitition-guaranteed jury trial.

The technology was really pretty cool. It had a picture of my no-longer-new Hyundai with a nice view of dents on in the rear. (It did not, however, catch the dents on the two sides). A tattered red bumper sticker quoting a former pope was stuck to the rear window. The license plate was mine. And you could almost make out the silhouette of the driver.

I say almost, because you see, I was not in Harlingen March 26th. In fact, I struggle not to go north of 802. I've never known anything good to happen that far north. I know Freddy Fender was from San Benito and that pretty well redeems the city, but Harlingen--I just can't think of anything.

I will go to the airport in Harlingen if I am facing really bad news that will make me actually fly somewhere, but I would rather drive a range of about ten hours than get on an airplane, so I do not exactly rack up the frequent flyer miles. In fact, I don't think I've gotten a free airplane ticket in ten years. I'll also go up to Raymondville for jail visits, but I hardly ever leave the main thoroughfares.

Mere work will not force me to go further than Raymondville. We are talking about death, marriage or birth (not mine for any of the three) and not much else.

So you can imagine my surprise to find I had been ticketed in Harlingen. And this on a perfectly good day when I most likely would not have left the house or driven, much less to some frightening northern city.

As you might guess, it wasn't me. Though I have not yet conducted the cross-examination, that week was Spring Break, Kathy was not teaching, her car was in the shop and believe I have some evidence she went to Harlingen to a stained glass shop in my car. She must have also busted a stop light, but since I was not there, it will be hard to argue against this allegation.

OK. Maybe a small thing. My car commits an offense, maybe, when I'm not there and I am responsible for paying the fine. (Anyone who thinks there is a chance that I might suggest Kathy pay the fine has clearly not been married as long as I have).

But where is my culpable mental state? I mean if I commit a criminal act don't all the various theories of law require I know I've committed a crime?

Unfortunately, committing a crime without knowing it is increasingly common. I represented a high school student who got in his Dad's car and drove it to school. The Dad had been repairing the upholstery in the back seat and left an unopened beer on the floor board. Sniffer dogs, parking lot patrols or other devices somehow turned it up while the student was in school. Zero Tolerance!! So the student, though not a great student, but nevertheless college bound, finds himself sentenced to 30 days in an alternative school penitentiary. We sued and then compromised.

Another case involved the dogs alerting to a girl's trunk at school. It turned out she had a sack of dog food in the trunk.

In theory, a Mexican National could be kidnapped and carried in a trunk into the United States and he might be guilt of illegal entry, because the crime may not require a culpable mental state.

I had a client accused of exporting legal cars, but not following the (brand new) regulations governing the paperwork. Knowledge of the law is not required for the crime and some laws are so obscure, no one knows them.

Maybe it's just that I am a relic of past days that make me think we should have some intent to commit a crime before we become criminals. Thirty five years ago, knowing you were committing a crime before you were prosecuted was a clearly defined right. But that's not the way it is now.

When we let rights slip away, they don't come back without a fight. And we just seem to get used to it. I had a friend once who argued that hell was really impossible because the idea of eternal suffering didn't make sense: after a while, you would get used to it.

I remember being shocked when I first got searched before I got on an airplane. Then I was shocked when I first got searched going into a courthouse. These things don't shock me anymore. But then, going on an airplane or in a courthouse was more or less voluntary for me.

What about all those jurors who are required to go by law, but can only go if they are searched? How are they "secure in their persons?"

We now expect to have our phone records given to the government, videotaping anytime we are outside of home, fingerprint taken to cash a check and blood taken if we drive. I know there is a good argument for each of these, doesn't anybody else feel just a little bit violated? Almost anyone in uniform can walk up and demand to see your ID. School lockers and car trunks at school and your car as far north as Sarita can be searched. And that's for the citizens.

Employers demand polygraphs to get or keep your job. Getting a loan, health insurance, a government job can be even worse. "Mr. Jones, ever committed adultery?" "Ms. Smith, ever had an STD?"

I was at a seminar a couple of weeks back and one of the speakers made this point: who can we think of in the last thirty years who has stood firm rather than give up civil liberties? Only the librarians. God bless them.