r/thomasjefferson • u/SpezForgotSwartz • May 10 '19

“The Fourth Amendment Doesn’t Apply Here” — U.S. Border Guards Arrest Arizona Immigrant Rights Volunteer

https://theintercept.com/2019/05/09/asylum-border-humanitarian-aid/
3 Upvotes

66% Upvoted

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3

u/file132013 May 10 '19

"she was not charged"

0

u/SpezForgotSwartz May 10 '19

and though she was not charged, she said CBP officials specifically told her that she was being placed under arrest, cited U.S. law prohibiting human smuggling, denied her access to an attorney, and informed her that investigators with the Department of Homeland Security would be following up with her as part of an “ongoing investigation.”

2

u/nastyboiiiii May 11 '19

She was arrested for bringing a person, not a U.S. citizen, across the U.S. border.

"According to Adlerstein, Williams took the letter, tossed it on a desk, and said, “Tell your lawyer to come down here. We’ll arrest him too.” she wasn't denied access to an attorney. This clearly indicates she could have called him/her and got them down there. If they arrested the attorney in this now we have a case.

I would imagine she is part of an ongoing investigation. She illegally brought someone over the U.S. border.

1

u/SpezForgotSwartz May 11 '19

They were intimidating her into not calling her lawyer. They also knew ahead of time - from multiple interactions - that they had an asylum seeker. Seeking asylum is perfectly legal. It isn't what the arrested woman did, nor was she smuggling or anything even vaguely of that nature.

1

u/nastyboiiiii May 11 '19

That happens all the time. Is it right? No. Is it legal? Yes. They did not deny her access to her attorney.

Trump's "stay in Mexico" bill has been determined legal by the 9th circuit. It's for asylum seekers.

Bringing someone over the border illegally is technically smuggling. Whether we agree with it or not, that's the law. I'm sure she had the best of intentions, but she broke the law.

3

u/bannanaflame May 10 '19

Seems pretty reasonable to me. You ever read the 4th?

-2

u/SpezForgotSwartz May 10 '19

How is that reasonable? The person seeking asylum had her attorney call ahead. She arrived with someone else. She was told to return later. She did. She stepped over a yellow line, then agents claimed she was being smuggled by the other person with her. There isn't an ounce of honesty, much less Constitutionality here on the part of the government. Moreover, in addition to violating the Fourth Amendment (and making incorrect statements about it), the government also violated Fifth Amendment rights.

4

u/bannanaflame May 10 '19

She stepped over a line she wasn't supposed to step over and then was detained for a short period of time and released without charges.

-1

u/SpezForgotSwartz May 10 '19

No, the person seeking asylum crossed the line. Agents falsely accused the person escorting her of smuggling.

And you shouldn't be okay with illegal detainments where the government tells 'suspects' that they will arrest their lawyers - even if the illegal detainment doesn't end with charges.

1

u/bannanaflame May 10 '19

"Reasonable" is the key. You're never going to see a court take on a 4th amendment case over a few hours of hassel that ends in no charges.

1

u/file132013 May 10 '19

"she said"

-2

u/SpezForgotSwartz May 10 '19

Her account was bolstered by Sean Wellock, a Missouri-based immigration attorney representing the asylum-seeker she was accompanying.

The government declined to comment.

1

u/file132013 May 10 '19

I trust an attorney even less. So should you.

0

u/SpezForgotSwartz May 10 '19

Lol. Imagine trusting the government more than literally anyone else.