The Issue
As someone who believes deeply in the fundamental rights granted by our U.S. Constitution, I'm troubled by the Phoenix Veterans Affairs (VA) Police's repeated disregard for these rights. For over a decade, this department has been violating a basic legal rule under the Federal Rules of Criminal Procedure —Federal Rule 5—that requires people who are arrested to be brought before a judge quickly. Instead, the Phoenix VA Police have been arresting and searching individuals, then letting them go without giving them the immediate access to a judge that is required by law.
This isn't just a technical mistake—it’s a serious violation of the Fifth Amendment, which guarantees everyone the right to due process, or fair treatment under the law. By arresting individuals, searching their belongings, issuing them a citation, and then releasing them without ever bringing them before a judge, the Phoenix VA Police are ignoring critical legal protections. This is known as a "Rule 5 Violation."
Details of the Misconduct
The Phoenix VA Police have been arresting people, especially veterans, and conducting searches that have no legal basis. They take people into holding cells, search their belongings (like bags, purses, or backpacks), issue a ticket known as a United States District Court Violation Notice (USDCVN), and then let them go—all without ever taking them to a judge. Under the law, some searches are allowed if someone is being incarcerated, but the Phoenix VA Police aren't legally incarcerating these individuals; they’re simply arresting, citing, and releasing them. This practice disregards the due process protections provided by the Fifth Amendment.
Violation of Rule 5
Federal Rule 5 requires that anyone arrested without a warrant must be quickly brought before a judge. Phoenix VA Police are clearly ignoring this rule. Rule 5 states,
“A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge.”
By arresting people, holding them briefly, searching their belongings, issuing citations, and then releasing them without presenting them to a judge, the Phoenix VA Police are directly violating this rule.
Fifth Amendment Violation
The Fifth Amendment guarantees due process, which includes the right to a prompt review by a judge. By delaying or bypassing this essential step, the Phoenix VA Police are undermining a basic constitutional right. In a Supreme Court case, Corley v. United States, the court highlighted the importance of "prompt presentment" to prevent secret detentions and to make sure that arrested individuals know the charges against them.
Violation of VA Directive/Handbook 0730
The VA has its own policies, outlined in Directive/Handbook 0730, which detail how VA police should handle arrests. This directive states that tickets (USDCVN) can be issued as an alternative to a full physical arrest, and that anyone who is arrested should be taken to a judge without delay. But Phoenix VA Police are not following these rules. Instead, they physically arrest people, issue a citation, and let them go without taking them before a judge, directly violating this directive.
Impact and Urgency
Statistics show that Phoenix VA Police have arrested hundreds of people—primarily veterans—without following the rule that requires prompt access to a judge. These ongoing practices not only violate federal law and VA policies but also erode public trust in the justice system. This type of misconduct has serious implications, and immediate action is needed to restore fairness and accountability.
This short video clip below will breakdown the issues above within several seconds:
