Have you ever tried to bust an illegal alien only to see them escape ’cause you didn’t have one of those pesky search warrants?
ICE (Immigration and Customs Enforcement) shares your dilemma, but they have a solution. Forget the warrant!
ICE is being sued by the ACLU for violating the fourth amendment when on October 20, 2010, they raided an apartment complex in Tennessee.
The suit is being filed on behalf of 15 residents who were subject to ICE’s warrant-less search.
The ACLU argues:
The Fourth Amendment strictly prohibits warrant-less intrusions into private homes and the Constitution’s protections apply to both citizens and non-citizens alike. In the absence of a judicially authorized warrant, there must be voluntary and knowing consent; ICE officers forcing themselves into someone’s home does not constitute consent.
Agents allegedly broke through the door holding the residents at gun point and shouting racial slurs. When asked to produce a warrant one was quoted saying “We don’t need a warrant, we’re ICE.”
The fourth amendment states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What do you think, is the ACLU’s interpretation of the fourth amendment accurate?