Homan claims ICE officers ‘don’t need probable cause’ to ‘briefly detain’ people

[Anonymous]

Mush mouth says they can stop and detain someone based on their “physical appearance”. This could go in some of the other ICE threads but it’s pretty poignant when the border czar casually puts brown people on notice that there’s not really any reason they won’t be stopped to pony up some proof of legality. Sorry everyone, you’re an “illegal” until Joe Bob the new ICE agent is shown some papers.

https://thehill.com/homenews/administration/5396985-trump-homan-immigration-detainments/amp/

[Anonymous]

Anonymous wrote:Mush mouth says they can stop and detain someone based on their “physical appearance”. This could go in some of the other ICE threads but it’s pretty poignant when the border czar casually puts brown people on notice that there’s not really any reason they won’t be stopped to pony up some proof of legality. Sorry everyone, you’re an “illegal” until Joe Bob the new ICE agent is shown some papers.

https://thehill.com/homenews/administration/5396985-trump-homan-immigration-detainments/amp/

These idiots won’t be happy until we have no rights at all.

https://www.muscalaw.com/blog/what-reasonable-articulable-suspicion

Brief Overview of the Concept of "Reasonable Articulable Suspicion" (RAS)

In the realm of criminal law and law enforcement, the term "Reasonable Articulable Suspicion" (RAS) holds significant importance. It serves as a critical legal standard that determines whether law enforcement officers have sufficient grounds to justify various actions, such as stopping individuals, conducting searches, or making detentions. Understanding RAS is crucial for both law enforcement officials and individuals to ensure a balanced approach to justice. This article delves into the concept of RAS, its legal significance, and its impact on various aspects of law enforcement practices.

Significance of RAS in Criminal Law and Law Enforcement Practices

RAS is a fundamental concept in criminal law, playing a pivotal role in safeguarding individual rights while allowing law enforcement agencies to carry out their duties effectively. It strikes a delicate balance between the protection of civil liberties and the need for public safety. RAS serves as a key legal standard that law enforcement officers must meet to justify certain actions, such as stopping a vehicle, frisking a suspect, or conducting a search without a warrant. It ensures that these actions are based on specific and articulable facts rather than vague suspicions or arbitrary decisions.

The significance of RAS extends to various aspects of law enforcement practices, including traffic stops, investigatory stops, searches of individuals, and searches of homes or vehicles. In each of these scenarios, officers must establish RAS to validate their actions, thus preventing unwarranted intrusions into the privacy and liberty of individuals. RAS not only protects individual rights but also serves as a safeguard against potential abuses of power by law enforcement.

[Anonymous]

Any lawyers here? What say you?

[Anonymous]

Anonymous wrote:Mush mouth says they can stop and detain someone based on their “physical appearance”. This could go in some of the other ICE threads but it’s pretty poignant when the border czar casually puts brown people on notice that there’s not really any reason they won’t be stopped to pony up some proof of legality. Sorry everyone, you’re an “illegal” until Joe Bob the new ICE agent is shown some papers.

https://thehill.com/homenews/administration/5396985-trump-homan-immigration-detainments/amp/

Well ICE has a budget bigger vs Israel’s defense budget. ICE will replace your local government. Be scared!

[Anonymous]

He isn't entirely wrong, though he is unquestionably reading the Court's words too broadly.

"But in theory, individuals apprehended within the interior of the United States by local and state enforcement are entitled to full protection under the Fourth Amendment, without regard to their immigration status.119 This view was reinforced in Arizona v. United States. Although the Supreme Court held that most of the state laws passed to address issues related to the number of undocumented immigrants living in Arizona (S.B. 1070)120 were preempted,121 it declined to hold the section requiring state officers to make a “reasonable attempt . . . to determine the immigration status” of any individual they stop, detain, or arrest on some other legitimate basis if “reasonable suspicion exists that the person is an alien and is unlawfully present in the United States” as facially unconstitutional.122 In the context of Arizona v. Johnson and Illinois v. Caballes, the Court expressed caution that the constitutionality of this section would be questioned if individuals were detained solely to verify their immigration status.123"

https://legal-forum.uchicago.edu/print-archive/policing-police-status-immigration-checks-context-rodriguez-v-united-states

[Anonymous]

Anonymous wrote:He isn't entirely wrong, though he is unquestionably reading the Court's words too broadly.

"But in theory, individuals apprehended within the interior of the United States by local and state enforcement are entitled to full protection under the Fourth Amendment, without regard to their immigration status.119 This view was reinforced in Arizona v. United States. Although the Supreme Court held that most of the state laws passed to address issues related to the number of undocumented immigrants living in Arizona (S.B. 1070)120 were preempted,121 it declined to hold the section requiring state officers to make a “reasonable attempt . . . to determine the immigration status” of any individual they stop, detain, or arrest on some other legitimate basis if “reasonable suspicion exists that the person is an alien and is unlawfully present in the United States” as facially unconstitutional.122 In the context of Arizona v. Johnson and Illinois v. Caballes, the Court expressed caution that the constitutionality of this section would be questioned if individuals were detained solely to verify their immigration status.123"

https://legal-forum.uchicago.edu/print-archive/policing-police-status-immigration-checks-context-rodriguez-v-united-states

Is being brown “reasonable suspicion?”

[Anonymous]

He was answering a question about Los Angeles, which is within 100 miles of a border (2/3 of the population in the US lives within 100 miles of a border). There are different rules for immigration officers working within this "border zone".

[Anonymous]

I'm going to go with what Daniel Goldman says given his extensive background as a federal prosecutor and legal analyst prior to become an elected official.

[Anonymous]

Sounds like racial profiling.

- A black person

[Anonymous]

Anonymous wrote:Mush mouth says they can stop and detain someone based on their “physical appearance”. This could go in some of the other ICE threads but it’s pretty poignant when the border czar casually puts brown people on notice that there’s not really any reason they won’t be stopped to pony up some proof of legality. Sorry everyone, you’re an “illegal” until Joe Bob the new ICE agent is shown some papers.

https://thehill.com/homenews/administration/5396985-trump-homan-immigration-detainments/amp/

We have reasonable suspicion based on appearance that Homan is a russet potato. And based on that suspicion one might logically conclude he should be poked a few times with a fork, wrapped in foil and put in a pre-heated oven.

[Anonymous]

Anonymous wrote:Sounds like racial profiling.

- A black person

That's exactly what it is.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Mush mouth says they can stop and detain someone based on their “physical appearance”. This could go in some of the other ICE threads but it’s pretty poignant when the border czar casually puts brown people on notice that there’s not really any reason they won’t be stopped to pony up some proof of legality. Sorry everyone, you’re an “illegal” until Joe Bob the new ICE agent is shown some papers.

https://thehill.com/homenews/administration/5396985-trump-homan-immigration-detainments/amp/

Well ICE has a budget bigger vs Israel’s defense budget. ICE will replace your local government. Be scared!

Do ya think we can have *One Thread* where you don’t bring up Israel? This is completely a domestic issue. Maybe we should bring up the budgets of every country in the world.

[Anonymous]

That's why they use ICE

[Anonymous]

Not in LA.

https://www.nbcnews.com/news/us-news/immigration-officials-cant-detain-people-based-race-speaking-spanish-l-rcna218400

[Anonymous]

Law enforcement can always briefly detain people if they have reasonable articulable suspicion that the person is engaged in criminal activity. This is the holding of Terry v. Ohio.