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
Source: ACLU
I am tired….so,so tired. We fought the good fight in the 60’s. We rattled cages in the 70’s. But now I am left with government of the corporation,by the corporation,for the corporation. Throw in a few lunatic fringe who seem to have grown magical testes…and I just don’t know if I have the fight left in me.
Pete, right, the rule should be the exact opposite: we have to make sure we don’t lock up (or deport) the wrong person!
lotta
there are two statements in the mcclatchy article
“We have to be careful we don’t release the wrong person,” she said.
and
“The burden of proof is on the individual to show they’re legally entitled to be in the United States,” said ICE spokeswoman Kice.
it’s a catch 22. how can you prove you are who you say you are while incarcerated.
and since when do i have to prove my right to be here. i’m here, prove i shouldn’t be.
even if they release the wrong person, they’ve found them once they can find them again.
pete: “what happens when they get the wrong address? oops, sorry”
—
I’m suspecting they never say they’re sorry. The balls-centric statement seems perfectly in tune with the attitude of their whole department runs on; they’re dealing with people that have few if any rights and that have been demonized for years. These folks don’t operate under the normal constraints law enforcement personnel are supposed to. They go into the workday figuring they’re going to deal with people that have no rights and don’t belong here. More to the specific question though:
“Immigration officials detaining, deporting American citizens”
“An unpublished study by the Vera Institute of Justice, a New York nonprofit organization, in 2006 identified 125 people in immigration detention centers across the nation who immigration lawyers believed had valid U.S. citizenship claims.
Vera initially focused on six facilities where most of the cases surfaced. The organization later broadened its analysis to 12 sites and plans to track the outcome of all cases involving citizens.
Nina Siulc, the lead researcher, said she thinks that many more American citizens probably are being erroneously detained or deported every year because her assessment looked at only a small number of those in custody. Each year, about 280,000 people are held on immigration violations at 15 federal detention centers and more than 400 state and local contract facilities nationwide.
Unlike suspects charged in criminal courts, detainees accused of immigration violations don’t have a right to an attorney, and three-quarters of them represent themselves. Less affluent or resourceful U.S. citizens who are detained must try to maneuver on their own through a complicated system …”
http://www.mcclatchydc.com/2008/01/24/25392/immigration-officials-detaining.html
Also:
“Deporting American Citizens: ICE’s Mexican-izing of Mark Lyttle”
“Immigration and Customs Enforcement (ICE) has been deporting over a million people each year. Most are Mexican citizens residing here without legal status. But thousands of those being detained and even deported are US citizens. …”
http://www.huffingtonpost.com/jacqueline-stevens-phd/deporting-american-citize_b_265187.html
Bob….
We have a 4th…..Damn….Its hard to not justify a 5th….if we don’t have a 4th….
angrymanspeaks,
you naugty….
plus, “And for want of a candle, the whole world was lost to darkness”
and for want of a horse, no one could get the hell outta this place!
dredd
what happens when they get the wrong address? oops, sorry.
“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 . . . ”
I think the original posting was meant to say:
“Now the majority of searches in the United States are done without WARRANTS and private companies are now conducting searches for copyright and trademark infringements . . . “
we are in trouble…
“Did not loosening the requirements under the false pretence of fighting terrorism not lead us down the long dark road to the Gulag?”
Angryman,
the answer is simply yes, but the elegant turn of phrase bears repeating.
Angryman,
The answer to your questions is Yes.