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re: AP: memo authorizes ICE to enter homes by force without a judicial warrant

Posted on 1/21/26 at 4:54 pm to
Posted by Riverside
Member since Jul 2022
10664 posts
Posted on 1/21/26 at 4:54 pm to
You of all people should understand that due process is a sliding scale. Congress has specifically defined the process to which illegal aliens subject to removal are entitled to. There’s no evidence these laws are being violated. Democrats are simply mad that their “constituents” are being removed.
Posted by G2160
houston
Member since May 2013
2369 posts
Posted on 1/21/26 at 4:54 pm to
quote:

Okay, but the argument you are making is that the country has devolved to a point at which the Constitution is ineffective and should be discarded.


The country has most certainly devolved to a point where it isnt qualified to operate under the constitution.
Posted by FATBOY TIGER
Valhalla
Member since Jan 2016
13143 posts
Posted on 1/21/26 at 4:54 pm to
How does an illegal/criminal own a home in the US and, if they don't own the home, the owner is harboring a criminal.

Tell a game warden they can't.
Posted by Privateer 2007
Member since Jan 2020
7951 posts
Posted on 1/21/26 at 4:55 pm to
None of this would even be an issue if you and your Liberal Filth wouldn't have allowed 20 million pieces of shite into our country.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476570 posts
Posted on 1/21/26 at 4:55 pm to
quote:

You of all people should understand that due process is a sliding scale.


But we're talking about the 4A, and this aspect of it really isn't (as the law stands now).

quote:

There’s no evidence these laws are being violated.

The intention of the article is that may start to happen.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476570 posts
Posted on 1/21/26 at 4:56 pm to
quote:

The country has most certainly devolved to a point where it isnt qualified to operate under the constitution.

Reconcile this with populism.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476570 posts
Posted on 1/21/26 at 4:56 pm to
quote:

None of this would even be an issue if you and your Liberal Filth



Posted by TS1926
Alabama
Member since Jan 2020
8038 posts
Posted on 1/21/26 at 4:57 pm to
quote:

AP should be embarrassed for posting this act of yellow journalism


I didn't believe that article from the start so I'm not surprised. And they don't care because it gets people like Nimrod, 4Chubbies, and SloFlow all worked up since they fall easily for gaslighting when it's from "trusted sources."
Posted by Mushroom1968
Shreveport
Member since Jun 2023
6258 posts
Posted on 1/21/26 at 4:57 pm to
quote:

None of this would even be an issue


I don’t believe it’s an issue now. Just a sensationalized headline. They are still required to have a warrant, as they should in my opinion.
Posted by Riverside
Member since Jul 2022
10664 posts
Posted on 1/21/26 at 4:57 pm to
The ICE Memo that was leaked was issued in May of 2025.

The portions of the Memo that are referenced are heavily edited.

The Memo also says that ICE need to obtain judicial warrants to enter the homes of third persons if consent or other exigent circumstances are not present.
Posted by Riverside
Member since Jul 2022
10664 posts
Posted on 1/21/26 at 4:58 pm to
They don’t read. They simply emote.
Posted by sgallo3
Lake Charles
Member since Sep 2008
27078 posts
Posted on 1/21/26 at 4:58 pm to
quote:

It’s called probable cause. LEO’s have always been allowed to forcefully enter a home with probable cause, without a warrant.

yes, and they still do. Reasons include:

1. They have your consent
If you—or someone else with authority over the property—voluntarily allows the police inside, no warrant is needed. But this consent must be freely given; if you feel coerced, threatened or tricked into letting them in, that may not count as true consent in the eyes of the law.

2. There are exigent circumstances
In emergencies, police can enter a home without a warrant. These “exigent circumstances” include:

They believe they need to prevent physical harm to someone inside, such as when someone hears screams for help coming from inside
They are acting to prevent the destruction of evidence, under the reasonable belief that there is no time to delay
They are in “hot pursuit” of a suspect who is fleeing a felony charge, such as when they are chasing someone who has just robbed a bank
The key here is urgency. If waiting for a warrant could result in harm or loss of evidence, courts may deem the entry lawful.

3. There is evidence of a crime in plain view.

"we'd like to hurry this up rather than wait for a judge to give us a warrant" isn't a valid reason.
This post was edited on 1/21/26 at 5:00 pm
Posted by sgallo3
Lake Charles
Member since Sep 2008
27078 posts
Posted on 1/21/26 at 5:01 pm to
quote:

The Memo also says that ICE need to obtain judicial warrants to enter the homes of third persons if consent or other exigent circumstances are not present.

that's good news. although apparently many on this board don't even see the need for that
Posted by Riverside
Member since Jul 2022
10664 posts
Posted on 1/21/26 at 5:01 pm to


I found the actual memo buried behind the press release.

The memo states the Fourth Amendment applies including the exceptions to the warrant requirement.

This entire story is an embarrassment for AP. Fake news.
Posted by Mushroom1968
Shreveport
Member since Jun 2023
6258 posts
Posted on 1/21/26 at 5:02 pm to
Posted by RobbBobb
Member since Feb 2007
34222 posts
Posted on 1/21/26 at 5:03 pm to
quote:

....now the 4th Amendment

How can you be so frickin' wrong, so often??
quote:

the Court has carved out a series of exceptions for consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, border searches, and other situations.

1) exigent circumstance allows law enforcement to enter a structure without a search warrant in a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect's escape is imminent

People that have no citizenship in the US are certainly suspects to be viewed as imminent escapees

2) 8 USC 1357: Powers of immigration officers and employees
quote:

The statute authorizes immigration officers to interrogate any person believed to be an alien about their right to be in the United States and to arrest an alien without a judicial warrant when the officer has reason to believe the individual is in violation of immigration law and is likely to escape before a warrant can be obtained.

Again, exigent circumstances, and already approved by the USSC

3) 8 U.S. Code § 1226 - Apprehension and detention of aliens
quote:

(e) Judicial review

The Attorney General’s discretionary judgment regarding the application of this section shall not be subject to review. No court may set aside any action or decision by the Attorney General under this section regarding the detention of any alien or the revocation or denial of bond or parole.
Posted by dgnx6
Member since Feb 2006
89741 posts
Posted on 1/21/26 at 5:05 pm to
quote:

upends years of advice given to immigrant communities.



Here is some new advice. Get the frick out.





Posted by dgnx6
Member since Feb 2006
89741 posts
Posted on 1/21/26 at 5:06 pm to
quote:

How can you be so frickin' wrong, so often??


Because he's a narcissistic chode that has zero self-awareness.







Posted by Jesterea
Member since Nov 2011
1213 posts
Posted on 1/21/26 at 5:07 pm to
You got my point.
Posted by LordSaintly
Member since Dec 2005
43176 posts
Posted on 1/21/26 at 5:08 pm to
quote:

The police can most certainly enter your home without a warrant.


Right, but they need probable cause to think a crime is taking place.
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