SPOKANE SECTOR — U.S. Border Patrol operates predictive policing units called Predictive Intelligence Targeting Teams (PITT) that analyze Americans' financial activity and other data to identify individuals for potential stops. These teams provide intelligence to local police officers who then stop identified individuals, even though the individuals are not suspected of any specific crime at the time of the stop.

A Department of Homeland Security document states Border Patrol Agent Matthew Phelps was assigned to the Spokane Sector Border Patrol Targeting & Intelligence Division Predictive Intelligence Targeting Team. This unit polices the U.S. border with Canada, while another Predictive Intelligence Targeting Team operates in the Laredo Sector, Texas, which polices the U.S. border with Mexico. Border Patrol uses automatic license plate readers as part of its predictive policing program.

Border Patrol Agent Matthew Phelps reviews law enforcement-sensitive databases to develop intelligence for local law enforcement. In one instance, Phelps observed financial activity patterns in law enforcement-sensitive systems commonly associated with illicit narcotics activity regarding Kyle William Olson. Phelps also reviewed Olson's prior arrest and criminal history before sending intelligence findings to Sergeant James Beck to support general interdiction efforts. Phelps stated his intelligence was not the sole basis for the traffic stop of Kyle William Olson.

Kyle William Olson was driving a black Chevy SUV on Interstate 90 in Montana at approximately 9:30 p.m. in May. Montana Highway Patrol Sergeant James Beck observed Olson's vehicle license plate was obstructed by a tinted cover and luggage holder. Beck pulled over Olson citing an obstructed license plate.

"Just so you know, that’s our reason for stopping you," Beck said in bodycam footage. He added, "Nothing major." Officers tested Olson's blood and charged him with driving under the influence. Authorities charged Olson with possession with intent to distribute due to the marijuana edibles, marijuana cuttings, and butane hash oil found in his vehicle. Olson works on a licensed cannabis farm in California and was transporting cannabis to Wisconsin.

Sergeant James Beck wrote in his report that U.S. Border Patrol targeting analyst Matthew Phelps relayed that he had identified a vehicle with indicators of possible narcotics trafficking. Customs and Border Protection declined to specify what financial activity the agency monitors or whether warrants are obtained. A Customs and Border Protection spokesperson said in an email statement, "U.S. Border Patrol uses intelligence-informed analysis and planning to support national security operations, allocate resources, and help identify potential threats and bad actors to public safety." The spokesperson added, "These efforts are conducted consistent with applicable law, policy, privacy protections, and oversight requirements." The spokesperson further stated, "For operational security reasons, we do not discuss specific analytical methods, data sources, targeting criteria, investigative techniques, system capabilities, or deployment details." The spokesperson said, "Public disclosure of such information could compromise law enforcement operations and investigations as well as creating safety risks for agents and the public."

Jake Laperruque, deputy director of the Security and Surveillance Project at the Center For Democracy & Technology, criticized the practice in an email. "Here Border Patrol seems to be using parallel construction to cloak the reason behind its car stops in secrecy," Laperruque said. He added, "If we can't meaningfully review and evaluate these systems, we can't trust them." Laperruque said, "The bottom line is genuine probable cause cannot be synthetically generated."

What's New

In 2022, Alek Schott was pulled over by Bexar County sheriff's deputies at the request of Border Patrol agents after being flagged by the predictive intelligence program. The deputies searched his car and found nothing. In 2022, Alek Schott was pulled over by Bexar County sheriff's deputies after being flagged by Border Patrol agents.

Why It Matters

The use of predictive intelligence without specific suspicion undermines trust and may involve parallel construction to cloak the true reason for stops, according to critics. Individuals stopped based on Predictive Intelligence Targeting Teams intelligence are not suspected of any specific crime at the time of the stop. The Institute for Justice represented Alek Schott, whose vehicle was searched in 2022 after a stop linked to Border Patrol intelligence.

Authorities claimed Alek Schott drifted between lanes during his 2022 traffic stop on Interstate 35. Authorities searched Alek Schott's vehicle and found nothing.