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Appeals court says arrest of illegal immigrant violated her constitutional rights
http://articles.washingtonpost.com ^ | August 7, 2013 | Pamela Constable

Posted on 08/11/2013 1:17:00 PM PDT by lowbridge

A federal appeals court, in a strong rebuff to local law enforcement agencies that aggressively pursue people they suspect of being illegal immigrants, ruled Wednesday that the Frederick County Sheriff’s Office did not have the right to arrest Roxana Santos, a Salvadoran dishwasher who was seized while eating a sandwich outside her workplace in the fall of 2008 and jailed for the next 45 days.

The ruling, from the U.S. Court of Appeals for the 4th Circuit, based in Richmond, appeared to clarify and strengthen a somewhat ambiguous Supreme Court decision last year in Arizona v. United States

(Excerpt) Read more at articles.washingtonpost.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Arizona
KEYWORDS: aliens; citizensrights; illegalimmigration; illegals; immigrantlist; immigration; salvadoran
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1 posted on 08/11/2013 1:17:00 PM PDT by lowbridge
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To: lowbridge

A foreign invader doesn’t have the right to be arrested?

That judge needs to be removed from office.


2 posted on 08/11/2013 1:18:09 PM PDT by GeronL
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To: All
"Appeals court says arrest of illegal immigrant
violated her constitutional rights"


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3 posted on 08/11/2013 1:21:11 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: lowbridge

Insanity.

Out national suicide has become a fait accompli.


4 posted on 08/11/2013 1:21:47 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: lowbridge

Exactly how does a FOREIGN invader acquire protection provided by the US Constitution? The judge must be confused ....


5 posted on 08/11/2013 1:22:38 PM PDT by Ken522
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To: lowbridge
"When the law no longer protects you from the corrupt,
but protects the corrupt from you -
you know your nation is doomed."

-Ayn Rand


6 posted on 08/11/2013 1:23:41 PM PDT by Diogenesis
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To: lowbridge

Just another example of the judicial oligarchy doing their best to destroy The United States of America and its hated (by them) Constitution.


7 posted on 08/11/2013 1:24:10 PM PDT by jeffc (The U.S. media are our enemy)
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To: lowbridge
Santos, a mother of three who speaks little English, was released from federal custody while the court case was continuing, but she still could face deportation. The court found, however, that even though she is an illegal immigrant, her constitutional rights to protection from “unreasonable search and seizure” were violated.

8 posted on 08/11/2013 1:24:55 PM PDT by 1rudeboy
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To: Diogenesis

BTTT!


9 posted on 08/11/2013 1:26:20 PM PDT by Las Vegas Ron (Rats vs. GOPe = Same train, different speed.)
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To: Ken522

Imagine doing that for U-boat captains during WWII. The judge would be tried for treason.


10 posted on 08/11/2013 1:26:28 PM PDT by Olog-hai
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To: 1rudeboy

Confused? no.

More likely dementia or a sampling of the magic mulatto’s stash.


11 posted on 08/11/2013 1:28:14 PM PDT by V K Lee
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To: lowbridge

I’d bet this judge would have given local law enforcement a pat on the back if this suspect was aggressively pursued for being suspected of keeping one of those scary “arsenals” (i.e. a well balanced spread of pistols, rifles and shotguns with 5000 rounds for each) in their basement.


12 posted on 08/11/2013 1:30:27 PM PDT by Bloody Sam Roberts (So Obama "inherited" a mess? Firemen "inherit" messes too. Ever see one put gasoline on it?)
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To: lowbridge
Appeals court says arrest of illegal immigrant violated her constitutional rights


13 posted on 08/11/2013 1:31:24 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: lowbridge

Wait a dog gone minute. If the person is NOT a citizen, how then could they enjoy constitutional rights?

Those documents were written for American citizens, not Messy-cans.


14 posted on 08/11/2013 1:31:27 PM PDT by servantboy777
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To: lowbridge

Since when does someone who’s here illegally have Constitutional rights? They do have the right to be arrested and deported though.


15 posted on 08/11/2013 1:33:45 PM PDT by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: 1rudeboy
The court found, however, that even though she is an illegal immigrant, her constitutional rights to protection from “unreasonable search and seizure” were violated.

Well...a tough one to argue. The 4th amendment enjoins the government from unreasonable search and seizure. The fourth an fifth words of the 4th are "the people". The 14th amendment defines just who those people are. Like it or not, the word 'citizens' is a glaring omission from the 14th.

16 posted on 08/11/2013 1:35:10 PM PDT by Bloody Sam Roberts (So Obama "inherited" a mess? Firemen "inherit" messes too. Ever see one put gasoline on it?)
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To: Bloody Sam Roberts

It’s not even that really—ponder this (and this merely is a hypothetical), what if she had been here legally (in some fashion)?


17 posted on 08/11/2013 1:36:45 PM PDT by 1rudeboy
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To: 1rudeboy
what if she had been here legally

According to the 14th, there is no difference. More's the pity.

18 posted on 08/11/2013 1:38:29 PM PDT by Bloody Sam Roberts (So Obama "inherited" a mess? Firemen "inherit" messes too. Ever see one put gasoline on it?)
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To: Bloody Sam Roberts

I understand the your point. My point is, if the cops had effed-up (as they do, sometimes) . . . it would be an even clearer Constitutional violation.


19 posted on 08/11/2013 1:41:04 PM PDT by 1rudeboy
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To: 1rudeboy
Ah...got it. Yes, you are correct.

But what galls me is the the Constitution couldn't be clearer. Simple and direct. Yet those who wish to subvert it simply have to say, "Well, we don't know the intent of the framers", or words to that effect.

BS. Read the bloody thing. It really is written so an 8th grader could comprehend it.

</rant>

20 posted on 08/11/2013 1:48:35 PM PDT by Bloody Sam Roberts (So Obama "inherited" a mess? Firemen "inherit" messes too. Ever see one put gasoline on it?)
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