(07-24-2025 05:29 PM)ThreeifbyLightning Wrote: I’m sorry but you’re still side stepping the issue. No not sorry and you’re still not willing to back up your stance. Just more gibberish. And that issue is a judge is declaring regardless of this specific case that in all cases ICE can’t conduct operations at certain business or against certain colors of skin and proclaiming basically that any arrest in LA no matter how much evidence exists is a Constitutional violation. And that’s why this will lose on the merits eventually through the appeal process.
Bolded is a wholly incorrect comment on what the order details.
The order says, you *must* have *some* particularized knowledge of illegality of someone on an *individual* basis.
And if you *only* have a) 'brown skin', b) generalized location, c) generalized type of work --- none of them alone give rise to a valid 4th amendment detention. And
none of them by themselves in combination with one another do it.
That is, if the reason is 'a latin is at car wash, and working at the car wash' -- that is not sufficient for either a true detention *or* a Terry-style stop.
If you add other stuff in, then depending on the that other stuff, that might work.
Quote:Moreover. a district judge is not entitled to classified intelligence nor should a decision be rendered because attorneys are unwilling to reveal sources and methods.
And when your attorneys simply generally mumble the generalized term 'intelligence' -- no that isnt anywhere near enough to get over the 4th amendment hurdle.
And when your attorneys say vague generalities, I wouldnt scream 'thrashing the Constitution'. Sorry, this is a 'show your work' style of justice system. Always has been.
Quote: If these were US citizens then maybe that becomes an issue but they are not where a decision has to be made on whether to use. or not to use in a case. That does happen with immigration judges who are cleared but it is not a within the purview of this judge. They are illegal aliens in the country illegally with other criminal records.
See above. I dont subscribe to the world of 'say the secret passcode and get a freebie pass'.
Quote:Put up or shut up.
Im not the one saying 'we have intelligence, but we never have to show it, and that allows us an insto-presto pass around the 4th Amendment.' You are.
When the government doesnt show proof of a substantial basis of specific articulable suspicion of an event -- they dont get the keyhole past the the 4th amendment as a freebie.
If they have it, and dont show it -- same result.
The end result is the same -- the judge asks them what specific issue led to an individualized articulable suspicion to detain the dude, and when the attonrney simply blathers vage generalities -- you get judges issuing rulings like you just saw.
And when your side doesnt bother to put up any facts of a substantial basis for a specific articulable suspicion of an event, it looks pretty stupid to argue that judge is thrashing the Constitution.
Im not making a comment whether whether the jackasses in the masks and sunglasses have that information to support a specific articulable suspicion -- my suggestion is if they have it as you broadly claim, then when pressed they need to tell the judge. And if they dont -- they are going to get a raft of rulings just like the SD ruling. Bummer.
Again -- show your work. Kind of 4th amendment basics when the rubber meets the road. And no, there is no 'extra special golden ICE rule where all ICE has to do is shown up and not give a judge anything' rule.
And I dont think that will pan out for the more and more US citizens that are now being detained by these yahoos as an extension of the subject, which is yet *another* indication of something really lacking in the process.