Category Archives: Immigration arrests

CA8: Officer’s training and experience not needed in SW affidavit if it shows PC

The facts in the affidavit for images on defendant’s cell phone were enough for probable cause. The officer did not have to detail his training and experience in sex assault cases, too. The alleged Franks violation, even if it was, … Continue reading

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techdirt: DHS Move Ahead With Plan To Harvest DNA Samples From Nearly Everyone Detained By ICE And CBP Privacy

techdirt: DHS Move Ahead With Plan To Harvest DNA Samples From Nearly Everyone Detained By ICE And CBPPrivacy by Tim Cushing:

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CA9: Immigration arrest valid on “reason to believe” this person was an alien illegally in the U.S.

BIA petitioner’s rights were not violated because she can’t show her arrest was an egregious violation of the Fourth Amendment. “The fact that agents detained and arrested Echeverria without first establishing her identity and alienage is of no moment. All … Continue reading

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NY4: Anonymous call confirmed by observation was RS

“[T]he police had reasonable suspicion justifying the forcible detention of defendant ‘based on the contents of a 911 call from an anonymous individual and the confirmatory observations of the police’ …. [¶] Furthermore, even assuming, arguendo, that defendant established that … Continue reading

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MD: Def’s burden to prove custody, but he didn’t testify

“It was [defendant]’s burden to prove custody. … Payne opted to remain silent at the suppression hearing; therefore, we have been provided no contrast to the evidence given by Detective Patterson, upon which the court reasonably relied.” The trial court’s … Continue reading

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Lawfare: Trump Administration Proposes Rule to Collect DNA From Detained Noncitizens

Lawfare: Trump Administration Proposes Rule to Collect DNA From Detained Noncitizens by Krista Oehlke (“The Department of Justice on Oct. 15 proposed a rule that would enable the DNA collection of noncitizens in immigration detention and the transfer of that … Continue reading

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The Appeal: In a Private Facebook Group, California Police Brag about Breaking State Law to Help ICE

The Appeal: In a Private Facebook Group, California Police Brag about Breaking State Law to Help ICE by Darwin BondGraham (“Some officers have recently boasted about breaking state law and collaborating with ICE, according to messages posted in a private … Continue reading

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CA2: BIA erred in not suppressing; a prima facie case of an egregious violation of the 4A was shown because it was apparently race based stop and there was virtually no PC

BIA erred by denying petitioner’s motion to suppress evidence of his alleged alienage. He made out a prima facie case of an egregious violation of his constitutional rights where the evidence tended to show a racial animus in the planning … Continue reading

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N.D.Cal.: Arrest warrants don’t grow stale like SWs

The officer had probable cause to arrest defendant and conduct a search incident to arrest. Thus, the question of probation search is moot. The passage of time (here a little over two months) between knowledge of the arrest warrant and … Continue reading

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Courthouse News Service: Judge Blocks ICE From Using Flawed Databases to Detain Immigrants

Courthouse News Service: Judge Blocks ICE From Using Flawed Databases to Detain Immigrants by Jon Parton:

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CA2: US citizen jailed without PC as an undocumented immigrant states a FTCA claim

A federal tort claims act case was properly stated for an American citizen plaintiff’s four day detention in an immigration facility as lacking probable cause. Hernandez v. United States, 2019 U.S. App. LEXIS 28081 (2d Cir. Sept. 17, 2019). Defendant … Continue reading

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NC: Failure to raise legality of arrest in trial court precluded appellate review

Defendant was an anti-abortion protestor with a sound system, and he was detained for a noise violation after officers with a 3M sound meter found him over the sound ordinance limit. He was to be arrested for that and he … Continue reading

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