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re: Illegal immigrant sues police for doing an "illegal search and seizure"?
Posted on 3/21/17 at 12:43 pm to imjustafatkid
Posted on 3/21/17 at 12:43 pm to imjustafatkid
Good luck with that. Even conservative justices agree that due process applies to everyone. The ones in this thread suggesting otherwise are not living in reality.
2
Posted on 3/21/17 at 12:44 pm to tke857
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.
Incorrect, you have 4th Amendment rights in this country regardless of how you got here.
Posted on 3/21/17 at 12:46 pm to HeyHeyHogsAllTheWay
quote:
Incorrect, you have 4th Amendment rights in this country regardless of how you got here.
Correct under the 14th amendment
quote:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
That includes illegal immigrants.
This post was edited on 3/21/17 at 12:54 pm
Posted on 3/21/17 at 12:47 pm to Swoopin
quote:
That's a little more specific, though still open to interpretation, than "people" in general.
It would be more open to interpretation if there wasn't rulings on this dating back 100+ years.
Posted on 3/21/17 at 12:49 pm to Iosh
You are right and i am wrong. I apologize for my ignorance, however, there has never been a case for someone driving with no valid drivers license, so the ruling will decide the fate on this particular case.
This post was edited on 3/21/17 at 12:51 pm
Posted on 3/21/17 at 12:55 pm to TigernMS12
quote:
Good luck with that. Even conservative justices agree that due process applies to everyone. The ones in this thread suggesting otherwise are not living in reality.
I didn't say it was reality. I just said I wish it was that way. People don't illegally immigrate into countries where there are unsavory consequences for doing so.
Posted on 3/21/17 at 1:05 pm to LSU12223
quote:Read the Scalia quote, that's exactly the fact pattern of Gant.
I apologize for my ignorance, however, there has never been a case for someone driving with no valid drivers license, so the ruling will decide the fate on this particular case.
Posted on 3/21/17 at 1:09 pm to PaperTiger
quote:
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?
Lawyers don't care about the real world. Ask something more hypothetical that allows 3rd world refuse to litter our country and they'll get excited.
Posted on 3/21/17 at 1:10 pm to Iosh
quote:
Read the Scalia quote, that's exactly the fact pattern of Gant.
I don't mean suspended license. In the case you presented, Rodney Grant had a suspended license. This illegal immigrant does not have a license at all. Thats the difference and yes there is a little bit of a loop hole, and a court decision would in fact close it if and only if there is one now.
Posted on 3/21/17 at 1:10 pm to TigernMS12
quote:
Even conservative justices agree that due process applies to everyone.
Eh. Kinda.
Posted on 3/21/17 at 1:11 pm to PaperTiger
quote:
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.
You can be arrested for not showing the officer only if you violated a traffic law.
Posted on 3/21/17 at 1:22 pm to tke857
quote:
he isnt covered by the 4th amendment right since he is not a citizen.
False
Posted on 3/21/17 at 1:32 pm to tke857
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.
It takes a real fricking dumbass to not be able to grasp the fact that even an illegal alien has the right to not have the shite kicked out of him by a state trooper for speeding, or to be sentenced to death by lethal injection for shoplifting.
Posted on 3/21/17 at 1:35 pm to LSU12223
quote:Whether it's a suspended license or a nonexistent license the exact same logic applies to both cases, because a search of the car is not going to reveal any evidence. The Thornton exception therefore doesn't apply.
I don't mean suspended license. In the case you presented, Rodney Grant had a suspended license. This illegal immigrant does not have a license at all.
This post was edited on 3/21/17 at 1:36 pm
Posted on 3/21/17 at 2:36 pm to tke857
The fact that this got 42 upvotes is scary when it is patently false.
That said this case should be dismissed because the police properly detained him for driving without a DL. That happens multiple times a day for citizens and non-citizens alike.
That said this case should be dismissed because the police properly detained him for driving without a DL. That happens multiple times a day for citizens and non-citizens alike.
Posted on 3/21/17 at 2:40 pm to Iosh
quote:
Whether it's a suspended license or a nonexistent license the exact same logic applies to both cases, because a search of the car is not going to reveal any evidence. The Thornton exception therefore doesn't apply.
What you are discounting is this.
When you get stopped for driving without a DL in most states now, the car is towed and impounded, they won't let anyone drive it off.
Thus, the search is categorized as an inventory so the police can assure that your vehicle is eventually returned with all its contents intact. And if they happen to find something illegal in it during said inventory, that's too bad for you.
Posted on 3/21/17 at 2:44 pm to Antonio Moss
quote:For a board that purports to value the Constitution, and was so concerned about the SCOTUS nomination (both of which I agree), I'm surprised, as a legal novice, how little people seem to understand regarding the basics of the Constitution and legal proceedings in general.
False
Posted on 3/21/17 at 2:46 pm to buckeye_vol
quote:
For a board that purports to value the Constitution, and was so concerned about the SCOTUS nomination (both of which I agree), I'm surprised, as a legal novice, how little people seem to understand regarding the basics of the Constitution and legal proceedings in general.
It's not just the board. I'd venture to say that 98% or more of people don't have even a basic understanding of the US Constitution. I know a lot of really smart people, even lawyers, who don't understand the fundamentals of the Constitution.
Posted on 3/21/17 at 2:47 pm to buckeye_vol
quote:
buckeye_vol
The lack of knowledge about what rights we do and do not have in this country is shocking.
Posted on 3/21/17 at 2:48 pm to HeyHeyHogsAllTheWay
quote:
What you are discounting is this.
When you get stopped for driving without a DL in most states now, the car is towed and impounded, they won't let anyone drive it off.
That isn't true in Louisiana and I'd venture to guess it's not true in most states.
quote:
Thus, the search is categorized as an inventory so the police can assure that your vehicle is eventually returned with all its contents intact. And if they happen to find something illegal in it during said inventory, that's too bad for you.
Inventory searches are typically done at a police station not on the side of the road.
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