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Illegal immigrant sues police for doing an "illegal search and seizure"?

Posted on 3/21/17 at 11:18 am
Posted by PaperTiger
Ruston, LA
Member since Feb 2015
22939 posts
Posted on 3/21/17 at 11:18 am
Civil rights suit planned over immigrant's arrest (El Paso Times)

quote:

The planned lawsuit, announced Monday, is based on the alleged violation of Vasquez’s Fourth Amendment right against unlawful search and seizure. State troopers stopped him for having dark window tint on his vehicle in the Montana Vista area and later called Border Patrol agents, who arrested him.


quote:

When Department of Public Safety troopers discovered Vasquez did not have a driver’s license, they decided to detain him and search his vehicle instead of issuing a traffic citation, he said.


This is about as ironic as its going to get today. I just dont understand people anymore.


Posted by Quidam65
Q Continuum
Member since Jun 2010
19307 posts
Posted on 3/21/17 at 11:19 am to
So if he didn't have a driver's license, should he simply be allowed to drive off?

(Not disagreeing with your post, just wanting to head off our resident liberals)
Posted by tke857
Member since Jan 2012
12195 posts
Posted on 3/21/17 at 11:20 am to
he isnt covered by the 4th amendment right since he is not a citizen. court shouldnt even waste their time and tax payer money on this and just drop kick his arse out of the USA.
This post was edited on 3/21/17 at 11:26 am
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 3/21/17 at 11:20 am to
quote:

This is about as ironic as its going to get today. I just dont understand people anymore.


This will go nowhere. Of course a vehicle can be searched incidental to an arrest.

Would be funny if Trump sent in ICE and has the a-hole deported before this sham of a case even went to court though lol
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 3/21/17 at 11:21 am to
quote:

he isnt covered by the 4th amendment right since he is not a citizen
4th amendment says "people," not "citizens."
Posted by Woobie
Member since Jan 2017
2820 posts
Posted on 3/21/17 at 11:23 am to
Well, according to Hawaii our Constitution covers everyone world wide.

So...

Posted by roadGator
Member since Feb 2009
140365 posts
Posted on 3/21/17 at 11:23 am to
Illegal tint for an illegal alien

Driving without a license.

They are being mean to him.

A bet he had a spoiler on the trunk lid too.
Posted by i am dan
NC
Member since Aug 2011
24718 posts
Posted on 3/21/17 at 11:25 am to
quote:

A bet he had a spoiler on the trunk lid too.


And shitty pressed weed...
Posted by tke857
Member since Jan 2012
12195 posts
Posted on 3/21/17 at 11:30 am to
quote:

4th amendment says "people," not "citizens."



idc what it says if you come here illegally then break a law then think you are protected under the laws of the USA then you are sorely mistaken. Time to go chico!
Posted by texashorn
Member since May 2008
13122 posts
Posted on 3/21/17 at 11:30 am to
Well, to be honest, they searched before they arrested him (if you argue detention is arrest in this case, then everyone pulled over can be searched) and they didn't know he was an illegal until they searched.
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 3/21/17 at 11:32 am to
quote:

he isnt covered by the 4th amendment right since he is not a citizen. court shouldnt even waste their time and tax payer money on this and just drop kick his arse out of the USA.
The 4th amendment doesn't delineate by citizenship status. Maybe being an illegal immigrant can be used as cause for a search, but it's not like the government no longer has those restraints.

Furthermore, if it only applies to citizens doesn't that mean legal immigrants, who are not citizens, are not protected either?
Posted by PaperTiger
Ruston, LA
Member since Feb 2015
22939 posts
Posted on 3/21/17 at 11:33 am to
The second biggest thing is why does the lawyer think that his client should have just gotten a ticket? Who would they have written it to? At some point, they would have found out his identity.

Why does this lawyer think that he has a case?
Posted by LSU12223
Member since Sep 2016
1482 posts
Posted on 3/21/17 at 11:34 am to
Thats funny since when do illegal immigrants have rights in this country???
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 3/21/17 at 11:34 am to
quote:

idc what it says if you come here illegally then break a law then think you are protected under the laws of the USA then you are sorely mistaken.
So an illegal immigrant can be thrown in jail, technically forever, without any due process (like to deport him)?
Posted by tke857
Member since Jan 2012
12195 posts
Posted on 3/21/17 at 11:36 am to
i get what your saying the keyword here is ILLEGAL alien. Lets do a if this than that scenario:

If legally in the united states then you are afforded protections stated within the law.

If not here legally then your arse gets booted out when caught. (this should take precedence in most decisions that LEO has to make when finding an illegal immigrant, yes I do understand that some circumstances are different).
This post was edited on 3/21/17 at 11:41 am
Posted by tke857
Member since Jan 2012
12195 posts
Posted on 3/21/17 at 11:37 am to
quote:

So an illegal immigrant can be thrown in jail, technically forever, without any due process (like to deport him)?



dont here come illegally simple enough. Plus I am happy to say I dont think we will be wasting money on detaining and jailing illegals any more. They are just going to get the boot.
Posted by LSU12223
Member since Sep 2016
1482 posts
Posted on 3/21/17 at 11:38 am to
quote:

So an illegal immigrant can be thrown in jail, technically forever, without any due process (like to deport him)?

Technically yes, but to keep the cost of living in the jails down, we typically will send their arse back to whatever country they came from.
This post was edited on 3/21/17 at 11:45 am
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 3/21/17 at 11:39 am to
quote:

4th amendment says "people," not "citizens."


It says "the people" in reference to "We The People" the citizens of this country.
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 3/21/17 at 11:41 am to
quote:

If not here legally then your arse gets booted out when caught.
That's fine. But the government still must follow the law as well.

Besides, I see the Constitution less about what we can do, and more about what the government can or can't do.
Posted by Whens lunch
San Antonio
Member since Oct 2012
558 posts
Posted on 3/21/17 at 11:41 am to
In all fairness....He was an illegal, they searched for him, and when they found him they seized him.

Hence illegal search and seizure.
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