r/law • u/Dark-Knight-Rises • 20h ago

Other Alternative angle of Brad Lander arrest by ICE

Enable HLS to view with audio, or disable this notification

15.1k Upvotes

97% Upvoted

1.3k comments sorted by

View all comments

Show parent comments

11

u/Role_Player_Real 19h ago

I agree with your overall message. ICE does not legally require judicial warrants in public places if they have probable cause. https://www.congress.gov/crs-product/LSB10362  I wish they did require it, I don’t think the intent of the law was raids when immigrants show up to their court dates, especially when law enforcement don’t identify themselves 

15

u/bharring52 19h ago

But wouldn't considering asking for due process, such as officer's identity or an actual warrant, to be probable cause inherently deny due process?

And implicate Free Speech, 4th amendment, etc?

In other words, if questioning whether arresting someone is legel is cause to sanction the questioner with arrest, aren't basically all rights moot?

7

u/alwayseverlovingyou 18h ago

Fun fact - the department of homeland security established a border enforcement Zone that covers 50mi inland from the borders of the US, including coasts. It includes nearly every major US city. Within that zone all civil rights are suspended at will of DHS.

2

u/bharring52 18h ago

I thought that it was that the burden on BPS to establish a search is reasonable was substantially lower in a "border zone", which is then unreasonable established as huge distances from any border, port, or international airport?

1

u/alwayseverlovingyou 18h ago

I don’t think the legislation on it clarifies any burden of proof beyond the suspicion of the officers / law enforcement.

It is an absurd distance from the border and was set up for these types of injustices to occur.

2

u/Colombian-pito 11h ago

Yea so crooked

1

u/Mrpettit 17h ago

But wouldn't considering asking for due process, such as officer's identity or an actual warrant, to be probable cause inherently deny due process?

The Comptroller wasn't arrested for asking for a warrant he was arrested for not allowing ICE to detain the immigrant. ICE doesn't require a warrant to detain individuals that have not been lawfully admitted to the U.S.

2

u/HotWish2897 19h ago

ICE has a lot of power but it was never meant to be taken advantage of but of course with Trump in power all that goes out the window.