4 ms·
Presumption of innocence applies to your trial, not to being apprehended. E.g. the state has to prove that you are guilty. If I'm a US citizen and I get swept
by coredog64 1y ago
Presumption of innocence applies to your trial, not to being apprehended. E.g. the state has to prove that you are guilty.
If I'm a US citizen and I get swept up in an immigration raid, my lawyer calls my wife who brings my US passport and I'm released. A pain in the ass, but not a violation of my civil rights. Now if I get beat up by ICE, or they file a false claim for resisting, then sure, we've got grounds for a case that my rights were violated. But constitutional rights are not a blanket "I can never be arrested if I think I'm innocent"
- selectodude 1y agoYou cannot be arrested without probable cause. Being arrested in a dragnet immigration raid is just a crystal clear fourth amendment violation. Simple as that.
- mothballed 1y agoI was 'not' arrested by DHS/CBP. They simply got a warrant retroactively after they already did it. Released without charge, but they just invented some paperwork afterwards that an anonymous dog had alerted (judge signed it about 12 hours after I was 'not' arrested). No mention on the PC paperwork who the dog was or who the handler was, as far as I know they didn't exist. So yeah that's nice in theory but in practice they can simply jail you without recording an arrest, then retroactively invent PC. When I ran a federal background check it came up with no arrests, despite the fact I was imprisoned.
- warkdarrior 1y agoThe Supreme Court was clear that if your skin is not white, this is probable cause. Also location is important (like being at a car wash) or speaking with an accent.
- actionfromafar 1y agoIs Yiddish accent still OK? Or is that scheduled for next term?
- dashundchen 1y agoICE has been denying due process to the people they've kidnapped, including US citizens and children. The whole point is people are being arrested and deported without probable cause, or based on their race, and deported without real due process. There is no chance for these people to call their lawyer or wife, in fact ICE can't even tell you where some of these people are being detained. Understand what is happening here.