Comment by mlsu

It's very different. When a cop "thought he smelled weed," he still has to:

- detain you and tell you why he detained you

- get a prosecutor to press charges promptly, charges which have to be articulated in terms of specific statutes that your elected representatives wrote

- give you defense counsel to argue your case in court

- set a prompt court date to argue your case

- tell the public that you were put in jail, why, and the circumstances

- release those court docs to the public

- follow rules of evidence when presenting their case

There are abuses, but there are also a robust set of protections in place. If the cops thought they smelled weed in your car, and there was no weed in your car, you argue that in court, and it's really very likely that you will walk free. That outcome, for the most part, is why cops don't immediately put everyone with tattoos in jail.

This is very very different from the alternative, which is where a cop says he thinks your tattoo might look like MS-13, so you go to an offshore prison forever, with no visitation rights and no trial.

Those two outcomes are VERY different! For that reason, yes, the problem is ICE.