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Judge Blocks Warrantless Border Patrol Stops

Posted on 4/30/25 at 1:12 pm
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
84064 posts
Posted on 4/30/25 at 1:12 pm
A federal judge has issued a preliminary injunction prohibiting Border Patrol agents from conducting warrantless immigration stops or arrests without proper justification in a large portion of California. Specifically, in the state's Eastern District, which spans from Redding to Bakersfield

U.S. District Judge Jennifer L. Thurston ruled that agents may not stop individuals without reasonable suspicion of immigration violations and may not arrest them without a warrant unless there is a specific reason to believe the person might flee. "You just can't walk up to people with brown skin and say, 'Give me your papers,'" she said during a hearing reported by Cal Matters.

Court filings showed that the January raid, known as "Operation Return to Sender," resulted in the detention of 78 individuals, 77 of whom had no known immigration or criminal history. Witnesses described aggressive tactics and coercion, including forcing people to sign documents waiving their rights. The ACLU alleges that at least 40 people, including longtime U.S. residents, were removed from the country without due process and are currently stranded in Mexico.

The ACLU, along with United Farm Workers and several individuals, filed the lawsuit back in February to halt what they described as unlawful racial profiling and unconstitutional arrests. "They stopped us because we look Latino or like farmworkers," said Maria Hernandez Espinoza, a plaintiff who had lived in the U.S. for 20 years before being deported. "I hope our rights are protected so that all workers can work and live in peace." LINK
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
75009 posts
Posted on 4/30/25 at 1:12 pm to
Another DS asset self-identified.
Posted by LegendInMyMind
Member since Apr 2019
71440 posts
Posted on 4/30/25 at 1:13 pm to
We have a thread on this on the first page. It is active.
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
84064 posts
Posted on 4/30/25 at 1:14 pm to
Thanks Mind
Posted by prouddawg
Member since Sep 2024
6919 posts
Posted on 4/30/25 at 1:15 pm to
quote:

U.S. District Judge Jennifer L. Thurston ruled that agents may not stop individuals without reasonable suspicion of immigration violations and may not arrest them without a warrant unless there is a specific reason to believe the person might flee.


Utter horse crap. She just rewrote 100 years of Supreme Court rulings as they relate to police detention of individuals.
This post was edited on 4/30/25 at 1:17 pm
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
14373 posts
Posted on 4/30/25 at 1:17 pm to
Is this area within the "100-Mile" distance from any US border that the USSC has already ruling that warrantless searches can be made?

Posted by RCDfan1950
United States
Member since Feb 2007
38604 posts
Posted on 4/30/25 at 1:26 pm to
quote:

Utter horse crap. She just rewrote 100 years of Supreme Court rulings as they relate to police detention of individuals.



So Probable Cause goes out the back door?

Trump should just ignore this crap and force that long ballyhooed "Constitutional Crisis". Make Roberts do his job and put ACB on record for turning the heathen loose on our God-worshiping (Constitutional Republic) citizenry, as defined in the Declaration of Independence.
Posted by CR4090
Member since Apr 2023
8109 posts
Posted on 4/30/25 at 1:27 pm to
All the years citizens have been bitching about this and nothing. But let some fricking illegals get inconvenienced..
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
73906 posts
Posted on 4/30/25 at 1:29 pm to
No lawfare folks. All normal.
Posted by deeprig9
Unincorporated Ozora
Member since Sep 2012
72976 posts
Posted on 4/30/25 at 1:34 pm to
quote:

"They stopped us because we look Latino or like farmworkers," said Maria Hernandez Espinoza




Posted by Tigergreg
Metairie
Member since Feb 2005
24451 posts
Posted on 4/30/25 at 1:37 pm to
quote:

that agents may not stop individuals without reasonable suspicion of immigration violations


If you see someone running north from the border, would that not be reasonable suspicion?
Posted by ClientNumber9
Member since Feb 2009
9941 posts
Posted on 4/30/25 at 1:39 pm to
quote:

may not arrest them without a warrant unless there is a specific reason to believe the person might flee.


This has been long established by SCOTUS that warrantless arrests are legal, when it's likely a person may flee before you can return with a warrant. It's why 95+% of all arrests in the country are warrantless.

So this changes....absolutely nothing.
quote:



U.S. District Judge Jennifer L. Thurston ruled that agents may not stop individuals without reasonable suspicion of immigration violations


That's always been the case. You need reasonable suspicion to detain/vehicle stop someone (unless you're at a BP checkpoint)- for police and Border Patrol. Again, it changes nothing.
This post was edited on 4/30/25 at 1:40 pm
Posted by bubblehead26
Temecula
Member since Apr 2012
359 posts
Posted on 4/30/25 at 1:40 pm to
It's actually good afternoon entertainment on the commute home. 7 or 8 local LE and CBP vehicles surrounding a vehicle. I can only imagine how destroyed the vehicle is after searching. Usually see 1 every few weeks
Posted by rattlebucket
SELA
Member since Feb 2009
12558 posts
Posted on 4/30/25 at 1:43 pm to
quote:

a plaintiff who had lived in the U.S. for 20 years before being deported. "I hope our rights are protected so that all workers can work and live in peace."


Well why were you deported senorita?
Posted by ClientNumber9
Member since Feb 2009
9941 posts
Posted on 4/30/25 at 1:43 pm to
quote:


Is this area within the "100-Mile" distance from any US border that the USSC has already ruling that warrantless searches can be made?


Well, you're conflating searches and seizures. You can do warrantless searches at what's called the "functional equivalent of the border" at checkpoints, which are usually within 100 miles of the border. But you still need to be at the border itself or a checkpoint. It's not like BP can just start going through your bags on the side of the road 94 miles inland, not without probable cause.

I was a Border Patrol agent for over a decade. I should probably do an AMA one of these days. Customs authority is extremely complex and misunderstood.
Posted by Pfft
Member since Jul 2014
4841 posts
Posted on 4/30/25 at 2:05 pm to
Just sign a nation wide warrant to cover every non citizen.
or just fire a few warning shots.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112309 posts
Posted on 4/30/25 at 2:14 pm to
This is the immigration equivalent of "stop and frisk", which has been held to be constitutional.

frick this judge.
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