{"id":26030,"date":"2017-02-28T17:50:13","date_gmt":"2017-02-28T22:50:13","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=26030"},"modified":"2017-02-28T18:35:25","modified_gmt":"2017-02-28T23:35:25","slug":"the-atlantic-papers-please","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=26030","title":{"rendered":"The Atlantic: Papers, Please | passengers on a domestic flight ordered to produce ID to prove who they were"},"content":{"rendered":"

The Atlantic: Papers, Please<\/a> by Garrett Epps:
\n<\/p>\n

American citizens had their introduction to the Trump-era immigration machine Wednesday, when Customs and Border Protection agents met an airliner that had just landed at New York\u2019s JFK airport after a flight from San Francisco. According to passenger accounts, a flight attendant announced that all passengers would have to show their \u201cdocuments\u201d as they deplaned, and they did. The reason for the search, Homeland Security officials said, was to assist Immigration and Customs Enforcement in a search for a specific immigrant who had received a deportation order after multiple criminal convictions. The target was not on the flight.<\/p>\n

Passengers on a domestic flight deplaning in New York were asked to present ID by Customs and Border Protection agents\u2014a likely unenforceable demand that nevertheless diminishes freedom. … After days of research, I can find no legal authority for ICE or CBP to require passengers to show identification on an entirely domestic fight.<\/p>\n

. . .<\/p>\n

It’s quite legal for law enforcement to ask for \u201cvoluntary\u201d cooperation. Anyone who follows criminal-procedure cases, however, knows that \u201cvoluntary\u201d in legalese does not mean what ordinary people think it means. Supreme Court caselaw makes clear that officers may block an exit and ask for ID or permission to search. They aren\u2019t required to tell the individual stopped that he or she may refuse, and they have every incentive to act as if refusal may result in arrest. The Supreme Court held in 1984 that \u201cwhile most citizens will respond to a police request, the fact that people do so, and do so without being told they are free not to respond, hardly eliminates the consensual nature of the response.\u201d Passengers deplaning after a long flight might reasonably fear they will be \u201cdetained\u201d if they anger the law enforcement figure blocking their exit. That officer is under no obligation to tell them they can refuse.<\/p><\/blockquote>\n

And the airline’s own passenger manifest wasn’t consulted? What kind of BS is this?<\/p>\n","protected":false},"excerpt":{"rendered":"

The Atlantic: Papers, Please by Garrett Epps:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[69],"tags":[],"class_list":["post-26030","post","type-post","status-publish","format-standard","hentry","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26030","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=26030"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26030\/revisions"}],"predecessor-version":[{"id":26039,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26030\/revisions\/26039"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26030"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26030"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26030"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}