{"id":40796,"date":"2019-11-24T00:00:04","date_gmt":"2019-11-24T05:00:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40796"},"modified":"2019-11-23T22:59:10","modified_gmt":"2019-11-24T03:59:10","slug":"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","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40796","title":{"rendered":"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"},"content":{"rendered":"<p>BIA erred by denying petitioner&#8217;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 and execution of the raid during which he was arrested, and thus supported the inference that his arrest was likewise race-based. The sheer paucity of evidence supporting a finding of probable cause buttressed the conclusion that the arrest was racially motivated. <a href=\"http:\/\/www.ca2.uscourts.gov\/decisions\/isysquery\/9230d675-fdc9-41e8-9538-2cf351af22bf\/4\/doc\/15-3728_opn.pdf#xml=http:\/\/www.ca2.uscourts.gov\/decisions\/isysquery\/9230d675-fdc9-41e8-9538-2cf351af22bf\/4\/hilite\/\">Rodriguez v. Barr<\/a>, 2019 U.S. App. LEXIS 34754 (2d Cir. Nov. 21, 2019).<\/p>\n<p>Defendant\u2019s admission that he had a gun only came when the unreasonable frisk began. Motion to suppress both granted. United States v. White, 2019 U.S. Dist. LEXIS 201139 (E.D. Micn. Nov. 20, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>BIA erred by denying petitioner&#8217;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 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=40796\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[107,86,4],"tags":[],"class_list":["post-40796","post","type-post","status-publish","format-standard","hentry","category-immigration-arrests","category-pretext","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40796","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=40796"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40796\/revisions"}],"predecessor-version":[{"id":40797,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40796\/revisions\/40797"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40796"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40796"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40796"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}