Over the last few decades, the courts and Congress have gradually made the warrant clause of the Fourth Amendment superfluous. Now the majority of searches in the United States are done without searches and private companies are now conducting searches for copyright and trademark infringements with the pleasing of Congress (and the lobbyists that shape the laws). Now, government agents have been offering a type of inverse Miranda warning — explaining that we don’t need stinking warrants in raiding homes. In a recent raid, Immigration and Customs Enforcement (ICE) agent were asked if they had a warrant, one agent reportedly said, “We don’t need a warrant, we’re ICE,” and, gesturing to his genitals, “the warrant is coming out of my balls.”
On the night of October 20, 2010, ICE agents broke in the front door of the home of Angel Enrique and Jesus Antonio who were in bed in their small, two-bedroom apartment in Nashville.
The statement above appears to indicate that either ICE agents have been surgically enhanced to produce warrants or now operate with utter impunity as well as immunity.
The ACLU and ACLU of Tennessee this week filed a lawsuit in federal court on behalf of fifteen residents of the apartment complex who were subjected to raid, which included local police. These include U.S. citizens and even “a child detained and interrogated while playing soccer on the playground simply because of the color of his skin.”
Once again, the courts have allowed for searches that run against the express language of the Constitution and intent of the Framers. Citizens are being searched and detained without warrants by officers who mock the notion that they require any prior judicial approval or review. Because the targets of these searches are often the under-class, the public seem unconcerned as a matter out of sight, out of mind for society.
Here is the lawsuit: Clairmont filing