Lawmakers in Arizona are hoping to get a bill passed that will make “spotting” for drug cartels illegal. Surprisingly, there is no laws in place that criminalize “being a lookout” and legislators say that spotters can only be charged with “conspiracy” or “illegal presence”.
With her first piece of legislation, introduced Tuesday, U.S. Rep. Martha McSally joined with Sen. John McCain in focusing on spotters for drug cartels — who conduct covert surveillance to help smugglers dodge border agents.
The director of the Arizona High-Intensity Drug Trafficking Area testified Tuesday that lookouts are “fundamental” to the success of drug cartels, but there is currently no law that specifically outlaws what border spotters do.
“It’s been difficult for us to prosecute the scouts. There’s just nothing specific for them,” said Elizabeth Kempshall.
She and others testified to the Senate Homeland Security and Governmental Affairs Committee that border spotters are able to use high-end technology and strategic positions – in Mexico and as far as 75 miles into Arizona – to steer smugglers away from police and border patrols.
“The scouting network provides a continuous view of law enforcement presence on both sides of the border, making it easier to direct loads around law enforcement presence,” Kempshall said. “The scout’s role is fundamental to the drug organization’s success in supplying drugs to the U.S. cities.”
Her testimony came the same day that Arizona lawmakers introduced bills in the House and Senate aimed at stopping that problem by specifically criminalizing “illicit spotting” and destroying fences or monitoring devices along the border.
The Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act calls for fines and up to 10 years in prison for those violating the law, and up to 20 years for those caught with a firearm while destroying border security devices.
The bills were introduced by McCain and McSally, with five other House members from the state — Republicans Trent Franks, Paul Gosar, Matt Salmon and David Schweikert, and Democrat Kyrsten Sinema — signing on to her bill.
Aides in McCain’s office said until spotting is criminalized, lookouts can only be charged with conspiracy or illegal presence. McSally said the current situation is “very frustrating” for police and border patrols who deal with spotters.
Tucson Sentinel
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