No they are actively violating the 4th amendment by claiming that administrative warrants signed by a paper jockey in the ICE office allows them to enter the homes of people they suspect of being undocumented. This form of warrant, at best, can be used as reasonable suspicion to detain and investigate a suspect’s documented status. Reasonable suspicion is well under the bar to enter someone’s residence against their will. A federal court has explicitly ruled (years ago now) that they can absolutely not use administrative warrants that way, that a search warrant signed by a judge that verified that they gave probable cause for an arrest is required to enter someone’s property. They are explicitly rejecting the ruling of that court and violating the 4th amendment in the process.
No, I made the original comment in this thread about how they are not expanding their legal powers as said in the post, but actually breaking established law.
You replied with some nonsense about how they arent actually breaking the law, but instead using an interpretation of the law that allows them to arrest without warrant due to being a flight risk, but are just broadly misapplying what constitutes a flight risk. None of that made any sense on the face of it becuase “flight risk” is not an exception to the warrant requirement under US law.
Instead of picking apart your comment that made no sense, I went back to explain what I meant originally about how they are using non-judicial warrants to enter homes in violation of the 4th amendment.
You then said that that my point was as pointless as saying ICE is cold water (hur dur), and implied I was stupid for, I guess, asserting my actual point instead of elaborating on yours… which was wrong. I got angry at your baseless insult, which you have now doubled down on.
I chose at the time to not argue about your point, but since you keep insisting I didn’t understand you, allow me to explain why you are simply completely wrong.
You can legally be arrested without a warrant if you’re a “flight risk” as in fleeing the state/county/jurisdiction before a named warrant could be procured.
You are just wrong here. You can ALWAYS be arrested without a warrant. An officer only needs probable cause that you commited a crime to arrest you. The only time a search warrant is required to execute an arrest is if that person is in, or suspected to be in, private property that the owner or residents of do not willingly let you into. It grants them the power to enter, not to make the arrest itself (they can already make the arrest in general without the warrant).
Now there’s also bench warrants that basically are a judges order to arrest an individual due to violations of court orders. Those are, essentially, just the court declaring that there is probable cause of the crime of contempt of court (or some other violation). A bench warrant does not, in itself, give anyone the right to enter their residence however. A search warrant for their address is still required.
The warrants that ICE is claiming gives them the right to enter a home are immigratiom administrative warrants that are not signed by a judge or magistrate, and are more like bench warrants. They basically tell ICE agents that the person in the warrant has probable cause against them for violations of immigration law, which can be used to execute an arrest. They are claiming that they can be used as search warrants too, and they cannot.
The only exceptions to the search warrant requirement to enter your home are for what the courts have called exigent circumstances. Those are emergency situations that necessitate an immediate need to enter the home instead of waiting for a judicial warrant. Those situations are officially recognized as being in continuous hot pursuit of someone suspected of a felony who then enters your residence (a private residence isn’t “home base” in tag; they can follow you in), reasonable suspicion of imminent destruction of evidence, and reasonable suspicion of imminent threat of bodily harm to an occupant of the residence. That is it.
The only thing that being a flight risk changes is whether or not judge decides to set bail for you once arrested and charged with a crime. It has fuck all to do with their ability to enter your home. That doesn’t even make sense. If you are a flight risk, that inherently means that you are at risk of leaving your home to go elsewhere. They can then just arrest you without a warrant as soon as you exit your property and enter a public space.
It is not a question of my understanding you. It is a question of you understanding the law, which you clearly do not. So, again, kiss my ass.
No they are actively violating the 4th amendment by claiming that administrative warrants signed by a paper jockey in the ICE office allows them to enter the homes of people they suspect of being undocumented. This form of warrant, at best, can be used as reasonable suspicion to detain and investigate a suspect’s documented status. Reasonable suspicion is well under the bar to enter someone’s residence against their will. A federal court has explicitly ruled (years ago now) that they can absolutely not use administrative warrants that way, that a search warrant signed by a judge that verified that they gave probable cause for an arrest is required to enter someone’s property. They are explicitly rejecting the ruling of that court and violating the 4th amendment in the process.
This is like if I said:
I’d be technically correct, but it would be obvious I don’t really understand the specifics of what anyone was saying.
So not saying you’re wrong, but…
Wow, kiss my ass.
So you don’t understand things, and get angry and confrontational when it’s pointed out…
If you’re trying out your trump impression, you’re doing well.
No, I made the original comment in this thread about how they are not expanding their legal powers as said in the post, but actually breaking established law.
You replied with some nonsense about how they arent actually breaking the law, but instead using an interpretation of the law that allows them to arrest without warrant due to being a flight risk, but are just broadly misapplying what constitutes a flight risk. None of that made any sense on the face of it becuase “flight risk” is not an exception to the warrant requirement under US law.
Instead of picking apart your comment that made no sense, I went back to explain what I meant originally about how they are using non-judicial warrants to enter homes in violation of the 4th amendment.
You then said that that my point was as pointless as saying ICE is cold water (hur dur), and implied I was stupid for, I guess, asserting my actual point instead of elaborating on yours… which was wrong. I got angry at your baseless insult, which you have now doubled down on.
I chose at the time to not argue about your point, but since you keep insisting I didn’t understand you, allow me to explain why you are simply completely wrong.
You are just wrong here. You can ALWAYS be arrested without a warrant. An officer only needs probable cause that you commited a crime to arrest you. The only time a search warrant is required to execute an arrest is if that person is in, or suspected to be in, private property that the owner or residents of do not willingly let you into. It grants them the power to enter, not to make the arrest itself (they can already make the arrest in general without the warrant).
Now there’s also bench warrants that basically are a judges order to arrest an individual due to violations of court orders. Those are, essentially, just the court declaring that there is probable cause of the crime of contempt of court (or some other violation). A bench warrant does not, in itself, give anyone the right to enter their residence however. A search warrant for their address is still required.
The warrants that ICE is claiming gives them the right to enter a home are immigratiom administrative warrants that are not signed by a judge or magistrate, and are more like bench warrants. They basically tell ICE agents that the person in the warrant has probable cause against them for violations of immigration law, which can be used to execute an arrest. They are claiming that they can be used as search warrants too, and they cannot.
The only exceptions to the search warrant requirement to enter your home are for what the courts have called exigent circumstances. Those are emergency situations that necessitate an immediate need to enter the home instead of waiting for a judicial warrant. Those situations are officially recognized as being in continuous hot pursuit of someone suspected of a felony who then enters your residence (a private residence isn’t “home base” in tag; they can follow you in), reasonable suspicion of imminent destruction of evidence, and reasonable suspicion of imminent threat of bodily harm to an occupant of the residence. That is it.
The only thing that being a flight risk changes is whether or not judge decides to set bail for you once arrested and charged with a crime. It has fuck all to do with their ability to enter your home. That doesn’t even make sense. If you are a flight risk, that inherently means that you are at risk of leaving your home to go elsewhere. They can then just arrest you without a warrant as soon as you exit your property and enter a public space.
It is not a question of my understanding you. It is a question of you understanding the law, which you clearly do not. So, again, kiss my ass.