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Cool! So i guess that judge will be there in body armor and armed to the teeth next time ice show up to kidnap a family. Or maybe the law is written on a tank, and an immigrant family can defend themselves with it.
I'm so glad the judicial system can actually protect people instead of being worthless, or a way to confuse people into thinking they or other people are safe because of rules
It does not matter when the rule of law is not enforced nor supported:
"Those that think law, accountability, transparency, and ethics can save us from this moment. I fear they can not. Thus, to shout, “You can’t do that,” is now moot. They can do that, and they will do that. Many remain unaware that the window for warning has already closed. Our conversation must shift from “You can’t do that,” to “What can we do to stop this?” The answer is not clear. However, an answer, some answer, lies in how we view freedom and how we protect it."
https://lecternmedia.substack.com/p/and-we-thought-nation-states-were
Did a judge have to rule on it? It’s in the constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I mean their whole operation is in brazen violation and has been for decades. This breaking into houses is a new extreme but a plain reading should clearly indicate judicial warrants are necessary for all arrests, not just those in the home. No one is talking about this and I feel like I'm taking crazy pills.
As far as ICE goes, absolutely. They are abusing the carve-out for arrests made during the commission of a crime in order to arrest people on the street who present no danger, by treating someone's immigration status as being on par with e.g. finding a murder in progress, where immediate arrest is "reasonable" under 4A.
That's not the legal justification they typically use though (although yes, they do that too). I'm saying so-called administrative "warrants" are constitutionally illegitimate because they authorize a 4th amendment seizure without judicial approval. So even when they were more or less following the rules, they were still violating the constitution. But since the courts OK'd it, no one cares.
Yeah, absolutely.
And raids continue with non-judicial warrants.
A ruling that will be ignored and likely overturned at some level of appeal.
As a country, we are in a hole, and all the government can offer is shovels.