{"id":58346,"date":"2024-07-15T14:15:34","date_gmt":"2024-07-15T19:15:34","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58346"},"modified":"2024-07-15T14:15:34","modified_gmt":"2024-07-15T19:15:34","slug":"co-state-law-can-alter-a-sheriffs-agreement-with-cbp-to-enforce-immigration-law","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58346","title":{"rendered":"CO: State law can alter a sheriff&#8217;s agreement with CBP to enforce immigration law"},"content":{"rendered":"\n<p>While Colorado sheriffs have civil arrest powers, an agreement with CBP to enforce immigration law under 8 U.S.C. \u00a7 1357(g) violated state law. <a href=\"https:\/\/research.coloradojudicial.gov\/vid\/1042609073\">Nash v. Mikesell<\/a>, 2024 COA 68, 2024 Colo. App. LEXIS 813 (July 3, 2024).<\/p>\n\n\n\n<p>In a chase the car wrecked. As officers tried to get the driver out, gunfire was exchanged. A police dog was killed and his handler hit. Plaintiff was the passenger, and he was also shot by officers shooting at the driver. Syllabus: \u201cThe panel held that under clearly established Fourth Amendment law, Cuevas was seized. It was not clearly established, however, that the force the officers used was excessive. None of Cuevas&#8217;s cited cases clearly establish that officers violated her rights when they shot her while defensively returning fire during an active shooting. Nor was it obvious that the officers could not return fire after Castro killed their police dog and shot an officer. In excessive-force cases where police officers face a threat, the obviousness principle will rarely\u2014if ever\u2014be available as an end-run to the requirement that law must be clearly established.\u201d Cuevas v. City of Tulare, 2024 U.S. App. LEXIS 16827 (9th Cir. July 10, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>While Colorado sheriffs have civil arrest powers, an agreement with CBP to enforce immigration law under 8 U.S.C. \u00a7 1357(g) violated state law. Nash v. Mikesell, 2024 COA 68, 2024 Colo. App. LEXIS 813 (July 3, 2024). In a chase &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58346\">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":[52,107,40],"tags":[],"class_list":["post-58346","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-immigration-arrests","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58346","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=58346"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58346\/revisions"}],"predecessor-version":[{"id":58347,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58346\/revisions\/58347"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58346"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58346"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58346"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}