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CBP Officer Convicted of Using Unreasonable Force
A U.S. Customs and Border Protection Officer has been convicted of using unreasonable force against an individual who applied for admission to the United States from Mexico.
Marcos Valenzuela, a Customs and Border Protection Officer, was found guilty of two charges: Deprivation of Rights under Color of Law and Falsification of Records in a Federal Investigation.
The incident occurred on August 16, 2019, at the Calexico West Port of Entry in California. The victim, identified as J.L., had a confrontation with the driver of a motorcycle in the pre-primary area of the port of entry.
According to evidence presented at trial, Valenzuela responded to the pre-primary area and instructed J.L. to get back into his vehicle. When J.L. did not immediately comply, Valenzuela threatened to ‘throw him to the ground’.
Ultimately, Valenzuela pulled J.L. out of the vehicle, shoved him to the ground, and landed on top of him. J.L. sustained minor injuries to his forehead and forearm.
Valenzuela then escorted J.L. to the vehicle secondary office, where he made multiple misrepresentations to other Customs and Border Protection officers about his interaction with J.L. He also wrote an incident report that included numerous false statements alleging aggressive verbal and physical conduct by J.L.
The jury rejected Valenzuela’s testimony and found that he deprived J.L. of his Fourth Amendment Constitutional right to be free from unreasonable search and seizure, which includes the right to be free from the use of excessive force.
Valenzuela faces sentencing for his conviction. The case was prosecuted by Assistant U.S. Attorneys Seth Askins and Alicia Williams.
Key Facts
- State: California
- Category: Violent Crime
- Source: DOJ Press Release â†â€â€
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