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re: Illegal immigrant sues police for doing an "illegal search and seizure"?
Posted on 3/21/17 at 11:42 am to MrLarson
Posted on 3/21/17 at 11:42 am to MrLarson
The difference between "people" and "citizen" has been decided long ago. I know, it sucks, but it's the same with the federal Census to determine population and political representation... even illegals are counted.
0
Posted on 3/21/17 at 11:43 am to Iosh
quote:
4th amendment says "people," not "citizens."
Well if he doesn't have a license its fair game. Also i do not know if the officer was with or was a game warden (does not need a warrant to search due to his own protection). But he was pulled over for a legit reason, so a legal person residing in the states must show proof of insurance, drivers license, and registration. If you dont have drivers license they are allowed then to search to find the information he is looking for, by detaining you and search and seizure. This illegal has no case.
Posted on 3/21/17 at 11:43 am to buckeye_vol
quote:
Besides, I see the Constitution less about what we can do, and more about what the government can or can't do.
agreed but I see it as a decree for "We the People of the United States" which does not cover this individual.
Posted on 3/21/17 at 11:49 am to PaperTiger
I thought it was widely understood that illegals don't have to obey our traffic laws because we cant do shite to them because we cant identify them and liberals won't let us touch them.
Posted on 3/21/17 at 12:04 pm to LSU12223
quote:Not necessarily. Let me quote noted flaming liberal Antonin Scalia's concurring opinion in Arizona v. Gant.
If you dont have drivers license they are allowed then to search to find the information he is looking for, by detaining you and search and seizure
quote:
I would hold that a vehicle search incident to arrest is ipso facto “reasonable” only when the object of the search is evidence of the crime for which the arrest was made, or of another crime that the officer has probable cause to believe occurred. Because respondent was arrested for driving without a license (a crime for which no evidence could be expected to be found in the vehicle), I would hold in the present case that the search was unlawful.
Posted on 3/21/17 at 12:05 pm to tke857
quote:
since he is not a citizen.
Courts have proven this myth wrong time after time.
Posted on 3/21/17 at 12:11 pm to Iosh
quote:
I would hold that a vehicle search incident to arrest is ipso facto “reasonable” only when the object of the search is evidence of the crime for which the arrest was made, or of another crime that the officer has probable cause to believe occurred. Because respondent was arrested for driving without a license (a crime for which no evidence could be expected to be found in the vehicle), I would hold in the present case that the search was unlawful.
Let me ask you this question, did you even read the conclusion of the courts decision, or just the liberal that you agree with?
Posted on 3/21/17 at 12:13 pm to PaperTiger
I mean even if this guy had constitutional rights, which he doesn't, it still would not be unlawful search and siezure. He was arrested for driving without a license, the search flowed from the arrest
Posted on 3/21/17 at 12:14 pm to LSU12223
Antonin Scalia is not a liberal. 
Posted on 3/21/17 at 12:14 pm to LSU12223
quote:
Let me ask you this question, did you even read the conclusion of the courts decision, or just the liberal that you agree with?
Posted on 3/21/17 at 12:15 pm to Iosh
Oops
Posted on 3/21/17 at 12:16 pm to narddogg81
quote:
He was arrested for driving without a license, the search flowed from the arrest
quote:
This Court rejects a broad reading of Belton that would permit a vehicle search incident to a recent occupant’s arrest even if there were no possibility the arrestee could gain access to the vehicle at the time of the search. The safety and evidentiary justifications underlying Chimel’s exception authorize a vehicle search only when there is a reasonable possibility of such access. Although it does not follow from Chimel, circumstances unique to the automobile context also justify a search incident to a lawful arrest when it is “reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle.” Thornton v. United States, 541 U. S. 615 (Scalia, J., concurring in judgment). Neither Chimel’s reaching-distancerule nor Thornton’s allowance for evidentiary searches authorized the search in this case. In contrast to Belton, which involved a single officer confronted with four unsecured arrestees, five officers handcuffed and secured Gant and the two other suspects in separate patrol cars before the search began. Gant clearly could not have accessed his car at the time of the search.
Posted on 3/21/17 at 12:18 pm to narddogg81
quote:Again. The government can't exceed it's constitutional authority, regardless of a person's citizen status.
I mean even if this guy had constitutional rights, which he doesn't,
quote:And in that case, Maybe he doesn't have a case, but that would be the same for a citizen too.
it still would not be unlawful search and siezure. He was arrested for driving without a license, the search flowed from the arrest
But the cops can't just breakdown one's door and search through his residency because his visa expired that day, and despite find nothing, and then detain him indefinitely without due process.
This post was edited on 3/21/17 at 12:19 pm
Posted on 3/21/17 at 12:18 pm to Tiguar
Illiterate bubbas acting like con law profs is the best
Posted on 3/21/17 at 12:22 pm to LSU12223
quote:Wait you saw a lawyer put "flaming liberal" before Antonin Scalia's opinion, and you then assumed that Scalia is a liberal? And after that, now you're questioning whether the lawyer read the case?
Let me ask you this question, did you even read the conclusion of the courts decision, or just the liberal that you agree with?
Posted on 3/21/17 at 12:25 pm to Iosh
quote:
I would hold that a vehicle search incident to arrest is ipso facto “reasonable” only when the object of the search is evidence of the crime for which the arrest was made, or of another crime that the officer has probable cause to believe occurred. Because respondent was arrested for driving without a license (a crime for which no evidence could be expected to be found in the vehicle), I would hold in the present case that the search was unlawful
Thats an interesting take on it but I disagree with it. How can you ticket someone if you dont have a name? Who do you make the ticket out to? You dont HAVE to get a name from the license, it could be on anything else in the car. Proof of insurance maybe?
It also opens the door to more chaos. If I am a citizen with a criminal past, what says that I will just refuse to give the officer my ID. I mean all I will get is a driving with no license citation.
This post was edited on 3/21/17 at 12:27 pm
Posted on 3/21/17 at 12:30 pm to tke857
Gorsuch, the historical constitutionalist and guy every conservative on this board loves, stated just today in his confermatuon hearing that the Constitution and due process applies to EVERYONE in this country, citizen or not. Learn the law before you start spouting off incorrect bullshite.
Posted on 3/21/17 at 12:37 pm to tke857
quote:
idc what it says
We know you guys don't care about the constitution or previous rulings on these matters if it doesn't fit your agenda.
Posted on 3/21/17 at 12:40 pm to Iosh
quote:
4th amendment says "people," not "citizens."
"the people"
That's a little more specific, though still open to interpretation, than "people" in general.
Posted on 3/21/17 at 12:41 pm to buckeye_vol
quote:
So an illegal immigrant can be thrown in jail, technically forever, without any due process (like to deport him)?
I would actually prefer it if we made being an illegal immigrant here a horrifying experience. We need that kind of message to be sent.
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