General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsPolice need a warrant to take you into custody.
State Police need a warrant to take you into custody.
The FBI needs a warrant to take you into custody.
Unless you're violent or dangerous, a warrant is necessary to take you into custody for all three.
Why can ICE take you into custody without a warrant and without you being a danger?

bucolic_frolic
(52,726 posts)with some sort of off-the-books federal nationalist constabulary force that has been granted powers that ignore the Bill of Rights.
You can debate the legality, merits, or practicality, but call it what it is.
DaBronx
(732 posts)fascist America.
sleroy49
(58 posts)Police can make an arrest and take you to jail based on probable cause that you committed a crime. Most arrests are made without a warrant. The severity of the crime usually doesn't matter.
LymphocyteLover
(8,860 posts)abductions!
SickOfTheOnePct
(8,705 posts)...a judicial warrant is not required, per federal law.
LymphocyteLover
(8,860 posts)criminals? Make it make sense.
Farmer-Rick
(12,094 posts)All the time even during Obama's presidency.
Not sure if it happened under Biden too but seems throwing protesters in jail then figuring it out later is a norm.
sleroy49
(58 posts)To be clear I'm not advocating any of ICE's actions.
Solomon
(12,614 posts)When somebody rightfully complains, then here comes somebody like you telling people police can do this shit. Police cannot simply round people up and arrest them if they have no probable cause that a crime has been committed. Why you fighting so hard to tell people this shit?
LymphocyteLover
(8,860 posts)And clearly ICE doesn't give a shit about that
infullview
(1,093 posts)doesn't rise to the threshold of being probable cause.
Gimpyknee
(878 posts)Farmer-Rick
(12,094 posts)They ignore it regularly. They don't care about the law they just want to advance their Nazi agenda. Our founding fathers and WWII military members who gave their life to stop the fascists Nazis would be so horrified.
Martin Eden
(14,951 posts)Certainly not for every resident in that apartment building, including children yanked from their beds. This was unconstitutional search and seizure.
Jack Valentino
(3,528 posts)face state charges for illegal searches (breaking and entering), kidnapping, larceny,
possible charges related to 'organized crime',
and at the very least, "disorderly conduct" !
And I'll go further--- if any of the victims of their crimes had SHOT AND KILLED their attackers,
they should not even have been arrested for it,
as it would have very CLEARLY been a case of "self defense" against unidentified attackers!
Martin Eden
(14,951 posts)THEY are most responsile, and MUST be held accountable. The Republican Party AND the Supreme Court are complicit.
sop
(16,388 posts)suspects without a warrant. And breaking down someone's door to enter their home without a warrant is only allowed under exigent circumstances. The Fourth Amendment protects citizens against unreasonable searches, but courts have recognized that some emergencies require immediate action, and in such cases the warrant requirement is waived.
LymphocyteLover
(8,860 posts)Buckeyeblue
(6,048 posts)While some exceptions exist, I don't think fishing for illegal immigrants is one of them. At what point will states protect citizens from these bad actors?
Trueblue Texan
(3,852 posts)...who is?
Buckeyeblue
(6,048 posts)He should create a group of peaceful disruptors called MELT. They would track ICE's movements across the city. Get in their way. Follow them with cameras. They should broadcast ICE's location. Maybe have warning sirens. Generally create legal chaos anywhere ICE is.
Trueblue Texan
(3,852 posts)surfered
(9,692 posts)sop
(16,388 posts)The Fourth Amendment protects citizens against unreasonable searches and seizures. However...
"Exigent circumstances, as defined in United States v. McConney are 'circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.' "
"Exigent circumstances are essentially exceptions to the general requirement of a warrant under the Fourth Amendment searches and seizures."
"In Missouri v. McNeely (2013), the Supreme Court clarified, 'A variety of circumstances may give rise to an exigency sufficient to justify a warrantless search, including law enforcement's need to provide emergency assistance to an occupant of a home . . . engage in 'hot pursuit' of a fleeing suspect . . . or enter a burning building to put out a fire and investigate its cause.' "
"Courts will typically look at the time when the officer makes the warrantless search or seizure to evaluate whether at that point in time a reasonable officer at the scene would believe it is urgent to act and impractical to secure a warrant. Courts may also consider whether the facts suggested that the suspect was armed and planning to escape, whether a reasonable police officer would believe their safety or others safety was threatened, and whether there was a serious crime involved."
"Exigent circumstances may also occur when the police is in hot pursuit of a suspect who is possibly involved in criminal activities and in the process of fleeing. (See Michigan v. Fisher, 558 U.S. 45 (2009))"
https://www.law.cornell.edu/wex/exigent_circumstances
surfered
(9,692 posts)Asking for the residents of that Chicago apartment.
sop
(16,388 posts)'How the Supreme Courts Latest Decision Clears the Way for Racial Profiling During Immigration Raids'
"This week the U.S. Supreme Court issued a decision that clears the way for racial profiling during immigration raids and sweeps."
"Now we could see the Trump administration rapidly expand the racially discriminatory ICE practices we have already seen terrorize families, workplaces, and communities around the country for monthsand thanks to the Supreme Court, these raids are more likely to sweep in US citizens and people with lawful status."
"In a 6-3 vote in the case known as Vasquez Perdomo v. Noem, the Supreme Court granted an emergency request from the Trump administration and temporarily halted a LA judges order that barred 'roving patrols' from snatching people off California streets and questioning them based on how they look, what language they speak, what work they do, or even where they happen to be. Both a Los Angeles federal court and the 9th Circuit Court of Appeals had ruled that these actions amounted to illegal racial profiling."
"On Monday, the Supreme Court issued a brief, unsigned order that overturns those decisions. This gives immigration agents a 'green light' to once again stop anyone they guess to be here illegallyeven if a central reason for the stop was race. This endorses ICE and Border Patrol targeting any Latinos they observe in Los Angeles speaking Spanish or working in low-income jobs, and then demanding their papers."
More at link:
https://www.americanimmigrationcouncil.org/blog/supreme-courts-decision-racial-profiling-immigration-raids/
Vasquez Perdomo v. Noem was about allowing racial/ethnic profiling to stop and question suspects. What happened in that Chicago apartment building was a clear violation of Fourth Amendment rights.
surfered
(9,692 posts)Especially the ones that had their doors broken in.
surfered
(9,692 posts)yellow dahlia
(3,427 posts)Deuxcents
(24,333 posts)spanone
(140,366 posts)Crunchy Frog
(28,093 posts)apart from the 2nd clause of the 2nd Amendment. For now.
Hellbound Hellhound
(487 posts)In many cases that only means "reasonable suspicion" which means if you're acting suspicious, that's probable cause.
ICE is doing a whole bunch of sheisty shit don't get me wrong, but your statements are outright false in every regard.
You should delete this.