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Residents in N.M. town accuse sheriff of illegal raids
The Associated Press ^ | Sept. 28, 2007 | ALICIA A. CALDWELL

Posted on 09/28/2007 9:42:58 AM PDT by Dubya

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1 posted on 09/28/2007 9:43:01 AM PDT by Dubya
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To: Dubya

That brings up a good point... are illegal immigrants protected from Constitutionally granted protection from search and seizure without probable cause?

I’m not a legal expert, but my gut tells me no.


2 posted on 09/28/2007 9:47:22 AM PDT by Slapshot68
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To: Slapshot68

That’s granted to people who play by the rules.


3 posted on 09/28/2007 9:50:05 AM PDT by wastedyears (George Orwell was a clairvoyant.)
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To: Dubya

If they are illegal, how can they expect constitutional protection? How can the left demand it for them? It is like the folks who want to bring the Gitmo murderers to the US and try them under our laws. Doesnt work that way, ACLU..


4 posted on 09/28/2007 9:51:57 AM PDT by cardinal4 (http://artoriuscastus.blogspot.com/)
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To: Slapshot68

Yes. They are.
Besides how do they KNOW they’re illegals? Cops have pretty good record of raiding the wrong address.


5 posted on 09/28/2007 9:52:08 AM PDT by Little Ray (Rudy Guiliani: If his wives can't trust him, why should we?)
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To: Dubya

Boo. Hoo. More AP propaganda targeting police and sheriffs departments that are trying to enforce the law. And misleading. The woman who was arrested for not having a Social Security card didn’t have a drivers license, either. In fact, she had no ID, she had no paper, she had no stinkin’ badges. Probable cause? What would happen to one of us in that situation? Oh, and for at least a decade this particular AP reporter has been writing bleeding heart stories about illegal aliens, illegal alien criminals, the mean old policemen, and the rest. Consider the source.


6 posted on 09/28/2007 9:56:39 AM PDT by 3AngelaD (They screwed up their own countries so bad they had to leave, and now they're here screwing up ours)
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To: CedarDave; LegendHasIt; Rogle; leapfrog0202; Santa Fe_Conservative; DesertDreamer; ...
Poor wittle persecuted ILLEGALS NM Ping

If you want on or off the NM Ping list, please FReepmail me.

7 posted on 09/28/2007 9:57:10 AM PDT by greyfoxx39 ( Mexico does not stop at its border, Wherever there is a Mexican, there is Mexico. Calderon)
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To: Dubya
“Eventually, he left. But Maria was arrested in a traffic stop the next day when she couldn’t produce a social security card during the stop.”

A Social Security Card is NOT to be shown to any local SS. It is NOT an identification card and that IS THE LAW. While I support the deportation of all illegal aliens I also support the Constitution before anything else and it is evident that the local SS and KGB are in direct violation of the Constitution of the United States and should be put in jail.

8 posted on 09/28/2007 9:57:24 AM PDT by YOUGOTIT (The Greatest Threat to our Security is the US Senate)
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To: Dubya
I believe this would be called, Break The Law, Pay The Price.

The Border Network for Human Rights could be open for a class action lawsuit from the citizens and police if their information is erroneous and / or aiding and abetting the commission of a crime. One cannot prevent the police from entering a premises if probable cause exists. If those who are illegally in the Nation are inside, a crime is / has been committed and the police have the right to enter to search for the lawbreakers.

I am not a lawyer, but this is the way I see it. For this type of search, I do not know if a warrant is necessary or not, but illegals are going to have to learn, If you entered the nation Illegally, you the person(s) entering Illegally, have broken the law.....and that is the law. Anyone aiding and abetting is also breaking the law, period.

9 posted on 09/28/2007 9:57:28 AM PDT by From One - Many (Trust the Old Media At Your Own Risk. I Will Be Voting for Mr. Duncan Hunter, fellow FReepers.)
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To: bcsco

Ping


10 posted on 09/28/2007 9:58:06 AM PDT by greyfoxx39 ( Mexico does not stop at its border, Wherever there is a Mexican, there is Mexico. Calderon)
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To: Dubya
Here's the part that makes it all clear:

"They asked if I was in the United State legally," said Irma, who declined to tell a reporter her immigration status. "I had a valid ID, but they just asked for a social security card and said they would arrest me." After she signed a citation charging her $150 for the loose dog — which she says wasn't hers — the deputy left without arresting her.
11 posted on 09/28/2007 9:59:27 AM PDT by xenophiles
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To: Slapshot68
"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."

Being this Maria is a person, thus one of the "People" she is covered by the Constitution and the Bill of Rights.

The 14th Amendment and subsequent Court Cases have affirmed that all people within our borders are granted these protections.

12 posted on 09/28/2007 10:14:05 AM PDT by trumandogz
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To: Slapshot68
That brings up a good point... are illegal immigrants protected from Constitutionally granted protection from search and seizure without probable cause? -- I’m not a legal expert, but my gut tells me no.

The Constitution empowers the government to do certain things. If it does other things it's acting without authority, regardless of who it does them to. There is no authority to conduct a search without a warrant; citizenship doesn't enter it at all.

13 posted on 09/28/2007 10:15:19 AM PDT by Grut
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To: Dubya
"Maria, a 50-year-old illegal immigrant"

" I had a valid ID"

Herein lies the problem. How does an illegal have a "valid ID".....does the ID show her as an "illegal" alien?

LOL

"Bearer of this card is an Illegal alien" ??????

14 posted on 09/28/2007 10:17:30 AM PDT by traditional1 ( Fred Thompson-The ONLY electable Republican Candidate)
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To: Grut

See 12.

What you say is true, but there will be people here that accuse you of being an “Open Borders” advocate simply because you understand the Constitution and Court rulings on the issue.


15 posted on 09/28/2007 10:19:11 AM PDT by trumandogz
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To: Dubya
There IS probable cause:

If someone is in YOUR HOUSE and you don't recognize them, does this mean you have no "probable cause" to suspect they are not supposed to be there?

Common sense is totally absent in the argument that this is "unlawful search and seizure", in regards to CRIMINAL invaders.

Further, as posted by others, why do we give Constitutional protections to those who have not EARNED it?

16 posted on 09/28/2007 10:19:58 AM PDT by traditional1 ( Fred Thompson-The ONLY electable Republican Candidate)
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To: traditional1
Further, as posted by others, why do we give Constitutional protections to those who have not EARNED it?

Because the Founding Fathers purposefully used the word "People" in writing the 4th Amendment and choose not to use the word "Citizen."

Therefore, everyone in protected!

17 posted on 09/28/2007 10:23:00 AM PDT by trumandogz
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To: traditional1
"There is no authority to conduct a search without a warrant; citizenship doesn't enter it at all."

Technically, then, if you are NOT a Citizen, you have the same rights as a Citizen? You are afforded the BEFNEFITS of Citizenship without the OBLIGATIONS of Citizenship?

I think I see a problem here.......

Why do we apply the Constitution to protect foreign citizens to this issue, whereas Congress makes laws that CLEARLY are outside those provided (and prohibited) by the Constitution, so it appears we have SELECTIVE application of it (the Constitution), and we are supposed to be okay with that?

18 posted on 09/28/2007 10:25:55 AM PDT by traditional1 ( Fred Thompson-The ONLY electable Republican Candidate)
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To: trumandogz

Are you saying once the people determine this is an invasion and not immigration, this will be when no protection will exist for the illegals?


19 posted on 09/28/2007 10:28:12 AM PDT by From One - Many (Trust the Old Media At Your Own Risk. I Will Be Voting for Mr. Duncan Hunter, fellow FReepers.)
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To: From One - Many
As I understand it, President Bush could declare the current migration as an Invasion, declare martial law thereby suspending the Constitution.

If he were to do that, the cops and military could kick in the doors or illegal aliens without a warrant however, they would also have the power to kick in your door and confiscate your guns.

20 posted on 09/28/2007 10:34:24 AM PDT by trumandogz
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