The bottom-line problem seems to be that law-abiding people don't have much experience with being treated like criminals.

In a high-pressure situation they sometimes fall back on their quaint expectations of rights and basic human respect. I would wager that someone who had spent serious time in prison would do much better in these situations.

The guy probably had a long day. I bet he just wanted nothing more than to get home and go to sleep. He obviously didn't understand what all the fuss was about, and he ended up stepping on someone's hair trigger. It seems terribly unlikely he did something that you or I would consider physically threatening. After being pepper-sprayed and man-handled, and likely not in the soundest state of mind, maybe he even flailed a bit -- guaranteeing an assault charge (and possible conviction).

Perhaps that's how it went down. It'll probably turn out that the border guards "followed procedure." But that's exactly the problem that makes the story frightening to us:

The path from "long day + non-violent temporary failure of judgement" to "being physically assaulted and facing a life-altering felony charge" seems terribly short.

Having just been given the third degree by both U.S. and Canadian border patrol last weekend, I can attest that it can be a really infuriating process. To be blunt, they can (and generally are) huge assholes, really getting in your face and making you feel like a criminal even when you have nothing to hide. I presume the goal of this is to psych out the people who actually are up to no good, but the end result is that you end up feeling pissed off and unwelcome.

That said, I definitely agree that there is another side to this story. For one thing, everything that happens at a border crossing is videotaped from about 14 different camera angles, so there's no way they're going charge him with assault unless he actually took a swing. The fact that the situation even got to that point--multiple guards, pepper spray, verbal commands--means he did something pretty egregious. The crossing guards are dicks but they are professional dicks, at least in my experience. Do as you're told and you'll eventually get through. Ignore repeated commands and project the same surliness back at them and you're just asking for trouble.

I'm 57. I started programming at 52. I was an electronic engineer and the most I ever did was assembly and some C. I own some fast food restaurants and my wife suggested we get online. Long story short, I couldn't spell "web developer" but now I are one.

You already do donate to the border guard; it's your tax money paying his/her salary.

More importantly, I don't think blindly taking the government's side on any issue is a good thing. I'd much rather have everyone default to believing the private citizen and be wrong some of the time. Blind faith in the citizenry probably at worst has a net zero effect. Blind faith in the government is most certainly negative.

That being said, I'm completely open to the possibility that the border guards followed procedure. I definitely need more information to form an opinion.

I'm still guessing that this is just another developer device, like the Android Dev Phone 1 and Android Dev Phone 2: http://en.wikipedia.org/wiki/Android_Dev_Phone

Just like the current mystery device, both of those handsets:

- are made by HTC,

- are unlocked GSM handsets,

- are sold directly to individuals by Google,

- and have been given out to Google employees at all-hands meetings.

And Google was directly involved in the design of the HTC Dream (T-Mobile G1 / Android Dev Phone 1). For example, they pushed for the debut Android phone to have a five-row keyboard: http://news.cnet.com/8301-30684_3-10387677-265.html

So none of the concrete facts here (even the rumored ones) are unprecedented. I don't see how Google selling a yet another unlocked handset is a big deal. It certainly won't have a noticeable impact on the US market, competing with subsidized hardware sold by carriers. Just like the ADP1 (T-Mobile G1) and ADP2 (T-Mobile myTouch 3G), carriers will probably have locked version of the exact same phone but at subsidized prices. The ADP is nice for some techies, but for most mainstream US consumers it doesn't make sense to pay for an unlocked phone.

Another point:

There appears to be a growing disconnect between what we consider right and what we consider practical. It seems right that you should be able to peacefully question any non-emergency procedure, expect basic respect even if you're not being the most pleasant person, and retreat a step or two reflexively if you feel threatened.

Of course, we know that the practical approach to take is to be docile, passive, sickeningly submissive, and compliant nearly to the point of being patronizing.

The border guards train and drill repeatedly on how to behave aggressively and militantly in this situation. Most adults have no corresponding practice at acting completely flaccid and defenseless on command, which is what it seems we've come to expect.

I think you are 100% wrong. Do we really want to live in a society where being hurried or annoyed at the border guard will result in searches, detention, or worse?

Pretty soon simply giving the guard an annoyed look can land you behind bars for a few hours. This is the opposite of the rule of law, it is giving way too much power to the whim of the guy with a gun.