It all seems so simple and straightforward in writing, but one of the chief complaints by Acker and others is that in real life, agents’ treatment of drivers can be so inconsistent.

The ACLU’s January report noted a common experience: When drivers don’t obey the agents precisely, the interchange quickly deteriorates as agents assert their authority. One of those featured in the report, Bisbee resident John Forrey, refused Dec. 6 to tell an agent where he was going.

”I go through the BP checkpoint at Tombstone quite often. They have been getting quite fearless,” Forrey told me.

It was when the agent quickly asked to look into the trunk of Forrey’s Chevrolet Corsica that Forrey really got his back up. One thing led to another, and an agent ended up pulling his weapon and pointing it at Forrey’s head, he said. Eventually, after a long search and an exchange of unpleasantries, Forrey was allowed to go.

You can understand why agents would grow frustrated with drivers who don’t answer their questions. This is just their job, after all, and checkpoint shifts are probably boring, frustrating and, from May through September, hot. Then people drive up with an attitude.