Can ICE Enter a Home To Make an Arrest With Only an Administrative Warrant?
This looks less like justice and more like strategy.
Post by well known 4th amendment scholar Orin Kerr about ICE's new position that they can enter a home to make an arrest under only an administrative warrant. TL;DR:
It's always hard to offer a take on a legal argument when you have to speculate about what the legal argument is, so my take on this is tentative. But if I had to summarize my current thinking, it seems to me that the DHS policy is likely wrong in light of Coolidge, Shadwick, and Payton, although the DHS position is not frivolous in light of Abel as interpreted in Malagerio—and the trickier issue may be actually getting a merits ruling on the issue in court in light of the absence of remedies due to the Supreme Court's gradual cutting back on Bivens remedies.
This looks less like justice and more like strategy.
Post by well known 4th amendment scholar Orin Kerr about ICE's new position that they can enter a home to make an arrest under only an administrative warrant. TL;DR:
It's always hard to offer a take on a legal argument when you have to speculate about what the legal argument is, so my take on this is tentative. But if I had to summarize my current thinking, it seems to me that the DHS policy is likely wrong in light of Coolidge, Shadwick, and Payton, although the DHS position is not frivolous in light of Abel as interpreted in Malagerio—and the trickier issue may be actually getting a merits ruling on the issue in court in light of the absence of remedies due to the Supreme Court's gradual cutting back on Bivens remedies.
Can ICE Enter a Home To Make an Arrest With Only an Administrative Warrant?
This looks less like justice and more like strategy.
Post by well known 4th amendment scholar Orin Kerr about ICE's new position that they can enter a home to make an arrest under only an administrative warrant. TL;DR:
It's always hard to offer a take on a legal argument when you have to speculate about what the legal argument is, so my take on this is tentative. But if I had to summarize my current thinking, it seems to me that the DHS policy is likely wrong in light of Coolidge, Shadwick, and Payton, although the DHS position is not frivolous in light of Abel as interpreted in Malagerio—and the trickier issue may be actually getting a merits ruling on the issue in court in light of the absence of remedies due to the Supreme Court's gradual cutting back on Bivens remedies.
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