Comment by sejje 5 days ago
If it's not a lawful order, you fight that in court. It's almost a free pass to get out of whatever you did.
But what she was given was a lawful order. That's the one I'm talking about.
I'm not a trump voter.
They’re customs enforcement. That’s distinct legally and practically from law enforcement. They have no legal right to effect traffic stops, for example. They can search people only insofar as the border proximity exemption is in effect; I would assume Minneapolis is outside of this range.
If the claim is that you can fight it in court then I want to know how you'd do that. Because from where I sit there are mountains of procedural barriers to actually doing this. A lot of people assume that you can just get some remedy in court, but this is often not true.
When an ICE agent shot and killed a kid their Bivens claim was still denied.
"Just go to court to solve it is not serious.
...many people get off because of police procedure problems.
I see it constantly in my courtroom youtube feeds. Judge: "And what was the probable cause?"
Prosecutor: "(some bullshit that's not legit PC)"
Judge: ::incredulous look:: "Mr. Criminal, I'm going to dismiss this case based on lack of probable cause. I suggest you take this opportunity to fix your problems and stay out of my courtroom...blah blah blah"
The smaller the crime (like obstruction, not exactly murder or anything), the more likely it works. I think because police often use small crimes as retaliation.
There's no mountain-sized barrier, you just have your attorney bring up probable cause with the judge.
How did you determine "what she was given was a lawful order" without a trial?