Attorney Challenges Customs Authority After Highway Pursuit Sparks Debate

A Belize City attorney has sounded an alarm, advising residents not to stop at checkpoints where only Customs officials are operating.  Tiffany Cadle, the attorney and owner of Gwen’s Kitchen, was heading into Belize City with her mother when it is alleged that she failed to stop at the checkpoint in Sandhill.  As a result, Cadle was pursued by Customs officials, and intercepted near the mile four marker on the Philip Goldson Highway.  According to Cadle, Customs was carrying out what she coins as an ‘illegal checkpoint’.  She declares that Customs officers are legally restricted to ports of entry only.  A video of Cadle whilst pulled over was shared on social media.  

Attorney: “I’m tired of it. These people cannot continue to chance Belizean people in this country like this. No way. They pulled me over. Nobody pulled me over, there was an illegal checkpoint in Sandhill, no police officer was there. The individual stood up there with a light, I drove off. The next second they’re chasing me down running me down for what reason ? I’m in my country. You can’t stop me in my country. I’m not at a border point. No. You’re not doing that. There are certain sections in the law where if they believe that you have, if they see a vehicle for instance let’s say I am at border point and I run through the border point they have probable cause to think I have contraband in my vehicle. That’s the reason why they couldn’t pull me over or they can’t arrest me because they have no suspect to arrest or no such cause to pull me over. That’s the reason they cannot run a checkpoint anywhere they feel like. They want to illegally search me and they’re not going to illegally search me, not in the middle of my country. I am sorry. You’re not going to search my vehicle. This I’m going to take to the court because they endangered my life. These people literally chased me down middle of the highway. I will sue them. I will definitely sue them there will be no ifs or buts about it.”

The misconception that Customs do not have the authority to operate within and between the country’s ports of entry triggered a statement from the Customs and Excise Department this morning.  The department noted that officers do have the legal authority to conduct searches on vehicles. Under the Customs and Excise Duties Act and the Customs Regulation Act, officers are legally empowered, upon reasonable suspicion, to stop and examine any vehicle or conveyance anywhere in Belize for the purpose of determining whether smuggled, prohibited, uncustomed, or otherwise restricted goods are being transported. This authority is not limited to ports of entry or border zones and may be exercised on inland highways and waterways.  Former Police Commissioner who is also an attorney for the past ten years, Chester Williams, weighed in on the matter.

Chester Williams, CEO, Ministry of Transport: “I would say the checkpoint is legal. The custom regulation do give customs officers the authority to mount to stop and inspect vehicles that they believe is carrying uncustom goods. In terms of the details of what happened, I cannot say what happened. I would not comment as to whether or not the lady was right or if she was wrong, I don’t know the details.”

Additionally, the law also permits police officers and other law enforcement personnel acting in aid of Customs to participate in such operations. The Customs Department further warned that drivers who refuse to stop when lawfully required may be held liable under the law.