Ice arrest foiled by activist...who knew the law!

[kadee79]

An immigrant rights activist in New York stopped Immigration Customs and Enforcement agents from arresting two community members by simply reciting his constitutional rights.



Bryan MacCormack, executive director of the Columbia County Sanctuary Movement, had been escorting two undocumented immigrants on March 5 to Hudson City Court, roughly 130 miles north of New York City, when the incident occurred.



As they were leaving the court, ICE deportation agents pulled over MacCormack’s car with the undocumented immigrants inside, according to a statement released by CCSM, an immigrant rights advocacy group.



The ICE agents then surrounded the vehicle and approached the driver’s side window to ask MacCormack for identification, which he said he produced. One of the agents allegedly produced a “warrant of arrest of alien,” a document authorized by the Department of Homeland Security.



This type of document directs federal immigration enforcement agents to arrest the person named on the warrant, but because it is not a judicial warrant ― meaning it was not a court-ordered warrant signed by a judge ― the ICE agents may not demand entry into a home or private space to make the arrest.



MacCormack, understanding the difference between the two warrants, refused to allow the ICE agents to enter his car and detain any of the passengers inside.

www.huffpost.com/entry/ice-agents-arrest-rights_n_5c9b86ebe4b07c88662ed4c7

[andi9899]

Good! I have to wonder how man have actually fallen for that and were unlawfully detained. Hopefully this spreads awareness.

[kadee79]

That is why I posted it Andi....make more people aware...spread the word.

[Tennesseer]

Good to read this.

[ednkris]

No problem with that just detain the car with them in it. They will come out once they pee and crap on themselves or die of starvation. Problem solved

[andi9899]

For not complying with a warrant not signed by a judge? That's just stupid. If we give officials free rein to do whatever they want without following the law, it's going to become a free forall. What good is a law if someone doesn't abide by it and enforce it? ICE needs a leash put on them, but that won't happen until the racist joke of a POTUS is out and someone with half a brain is in.

[Tennesseer]

Mar 28, 2019 6:46:37 GMT -5 ednkris said:

No problem with that just detain the car with them in it. They will come out once they pee and crap on themselves or die of starvation. Problem solved

Detain a house or a church too?

[Tennesseer]

Mar 28, 2019 8:54:36 GMT -5 andi9899 said:

For not complying with a warrant not signed by a judge? That's just stupid. If we give officials free rein to do whatever they want without following the law, it's going to become a free forall. What good is a law if someone doesn't abide by it and enforce it? ICE needs a leash put on them, but that won't happen until the racist joke of a POTUS is out and someone with half a brain is in.

We can call these ICE agents trump's Brown Shirts.

[kadee79]

Mar 28, 2019 6:46:37 GMT -5 ednkris said:

No problem with that just detain the car with them in it. They will come out once they pee and crap on themselves or die of starvation. Problem solved

On what LEGAL grounds?

[sesfw]

What good is a law if someone doesn't abide by it and enforce it?

The problem of border security in a nutshell …….

The laws are on the books, just not enforced

[ednkris]

Mar 28, 2019 10:36:23 GMT -5 kadee79 said:

Mar 28, 2019 6:46:37 GMT -5 ednkris said:

No problem with that just detain the car with them in it. They will come out once they pee and crap on themselves or die of starvation. Problem solved

On what LEGAL grounds?

They had a warrant for the passenger. They may not enter the veichle , but that does not mean the driver gets to drive off.

[weltschmerz]

Mar 28, 2019 6:46:37 GMT -5 ednkris said:

No problem with that just detain the car with them in it. They will come out once they pee and crap on themselves or die of starvation. Problem solved

Typical R answer. Just let them die. Starve them.
The pro-life party.

[kadee79]

Mar 28, 2019 20:17:58 GMT -5 ednkris said:

Mar 28, 2019 10:36:23 GMT -5 kadee79 said:

On what LEGAL grounds?

They had a warrant for the passenger. They may not enter the veichle , but that does not mean the driver gets to drive off.

Why not?  What grounds do they have to hold the vehicle & it's owner?

[andi9899]

Mar 28, 2019 20:17:58 GMT -5 ednkris said:

Mar 28, 2019 10:36:23 GMT -5 kadee79 said:

On what LEGAL grounds?

They had a warrant for the passenger. They may not enter the veichle , but that does not mean the driver gets to drive off.

The "warrant" was not signed by a judge. It is therefore not an official warrant. They had no reason to expect that the driver stay there or turn over the passenger. They were just hoping that they could get away with it. It didn't work this time. Hopefully more people see this and don't fall for it.

[Deleted]

Mar 28, 2019 8:54:36 GMT -5 andi9899 said:

For not complying with a warrant not signed by a judge? That's just stupid. If we give officials free rein to do whatever they want without following the law, it's going to become a free forall. What good is a law if someone doesn't abide by it and enforce it? ICE needs a leash put on them, but that won't happen until the racist joke of a POTUS is out and someone with half a brain is in.

I often ask what good is the law, when illegals are illegally entering.  (As in not following the law when entering, for the law challenged)

And certain persons make every effort to circumvent the same law.

Just a different view of "free for all".

[Deleted]

Mar 29, 2019 11:18:32 GMT -5 kadee79 said:

Mar 28, 2019 20:17:58 GMT -5 ednkris said:

They had a warrant for the passenger. They may not enter the veichle , but that does not mean the driver gets to drive off.

Why not?  What grounds do they have to hold the vehicle & it's owner?

Probable cause.



prob·a·ble cause

[probable cause]



NOUN

law

NORTH AMERICAN

reasonable grounds (for making a search, pressing a charge, etc.).

"warrants allow police to detain people, but not handcuff and search them without probable cause.

www.oxforddictionaries.com/us/

[andi9899]

Mar 29, 2019 13:06:12 GMT -5 @x said:

Mar 29, 2019 11:18:32 GMT -5 kadee79 said:

Why not?  What grounds do they have to hold the vehicle & it's owner?

Probable cause.



prob·a·ble cause

[probable cause]



NOUN

law

NORTH AMERICAN

reasonable grounds (for making a search, pressing a charge, etc.).

"warrants allow police to detain people, but not handcuff and search them without probable cause.

www.oxforddictionaries.com/us/

The warrant was not signed by a judge. Can you read?

[Deleted]

Mar 29, 2019 13:25:51 GMT -5 andi9899 said:

Mar 29, 2019 13:06:12 GMT -5 @x said:

Probable cause.



prob·a·ble cause

[probable cause]



NOUN

law

NORTH AMERICAN

reasonable grounds (for making a search, pressing a charge, etc.).

"warrants allow police to detain people, but not handcuff and search them without probable cause.

www.oxforddictionaries.com/us/

The warrant was not signed by a judge. Can you read?

Can you ?

(how's that free for all)


Probable cause is a reasonable belief that a person has committed or will commit a crime. For probable cause to exist, a police officer must have sufficient knowledge of facts to warrant a belief that a suspect is committing a crime. The belief must be based on factual evidence, not just on suspicion.

www.legalmatch.com/law-library/article/probable-cause-searches.html

[andi9899]

Mar 29, 2019 13:32:55 GMT -5 @x said:

Mar 29, 2019 13:25:51 GMT -5 andi9899 said:

The warrant was not signed by a judge. Can you read?

Can you ?

(how's that free for all)


Probable cause is a reasonable belief that a person has committed or will commit a crime. For probable cause to exist, a police officer must have sufficient knowledge of facts to warrant a belief that a suspect is committing a crime. The belief must be based on factual evidence, not just on suspicion.

www.legalmatch.com/law-library/article/probable-cause-searches.html

I understand what probable cause is. It does not equal a warrant. If a police officer were to come to my house (or car) wanting to search for something and I refuse, (s)he must then go and get a warrant in order to search my property. Why is this so difficult for you to understand?

[OldCoyote]

I thought it has been stated here many times if you don't want to be shot,, follow the officers directions,,,

If he doesn't get out shoot him,,, you can complain later!

[Deleted]

Mar 29, 2019 13:44:22 GMT -5 andi9899 said:

Mar 29, 2019 13:32:55 GMT -5 @x said:

Can you ?

(how's that free for all)


Probable cause is a reasonable belief that a person has committed or will commit a crime. For probable cause to exist, a police officer must have sufficient knowledge of facts to warrant a belief that a suspect is committing a crime. The belief must be based on factual evidence, not just on suspicion.

www.legalmatch.com/law-library/article/probable-cause-searches.html

I understand what probable cause is. It does not equal a warrant. If a police officer were to come to my house (or car) wanting to search for something and I refuse, (s)he must then go and get a warrant in order to search my property. Why is this so difficult for you to understand?

It's not.

While stopping a car on a public road, they don't need a warrant, is my only point.

What you're saying is "come to my house" or "come to my car", then you would need a warrant.

You might want to take note that huff puff articles such as these will leave out those details in order to make it likable by the target audience.

Noticeably missing from the article is how they knew to stop that one car for illegals, out of all the other cars on the road.

Like maybe they were picked up from a known residence that hides illegals. (Just one likely probable cause)

In this case, it's telling the 'bad' immigration officers the what's what, and they're stupid for even trying to catch illegal immigrants ( their job) because of this smart man.

It's almost juvenile using this approach of 'sticking it to the man'.

[OldCoyote]

Mar 28, 2019 10:36:23 GMT -5 kadee79 said:

Mar 28, 2019 6:46:37 GMT -5 ednkris said:

No problem with that just detain the car with them in it. They will come out once they pee and crap on themselves or die of starvation. Problem solved

On what LEGAL grounds?

Police can stop and hold you for any reason they want.

[OldCoyote]

Mar 29, 2019 11:18:32 GMT -5 kadee79 said:

Mar 28, 2019 20:17:58 GMT -5 ednkris said:

They had a warrant for the passenger. They may not enter the veichle , but that does not mean the driver gets to drive off.

Why not?  What grounds do they have to hold the vehicle & it's owner?

An officer can walk around your car, find eight reasons that your car is unsafe to be on the road, They need to removed for public safety!

Then search your car, confiscate everything, mostly money saying that there may have been illegal funds ,,

You know that cute little law that allows depts. to confiscate anything they want!