ACLU Out to Corral Out-of-Control ICE

The last decade has left the Fourth Amendment battered and gasping for life, but not yet dead. So "Warrants? We don't need no steenkin' warrants" is still a lie.

Susie Madrak at Crooks and Liars:

Wingnuts are so fixated on the Second Amendment, they completely miss the Fourth. With the increasing militarization of police departments and federal agencies, such legal formalities as warrants go right out the window:

On the night of October 20, 2010, Angel Enrique and Jesus Antonio were in bed in their small, two-bedroom apartment in the Clairmont complex in Nashville. The doors and windows were all shut and locked.

Suddenly there was a loud banging at the door and voices shouting "Police!" and "Policia!" When no one answered, the agents tried to force the door open. Scared, Jesus hid in a closet. Immigration and Customs Enforcement (ICE) agents began hitting objects against the bedroom windows, trying to break in. Without a search warrant and without consent, the ICE agents eventually knocked in the front door and shattered a window, shouting racial slurs and storming into the bedrooms, holding guns to their heads. When asked if they had a warrant, one agent reportedly said, "We don't need a warrant, we're ICE," and, gesturing to his genitals, "the warrant is coming out of my balls."

The Fourth Amendment strictly prohibits warrantless intrusions into private homes and the Constitution's protections apply to both citizens and non-citizens alike. In the absence of a judicially authorized warrant, there must be voluntary and knowing consent; ICE officers forcing themselves into someone's home does not constitute consent.

The ACLU and ACLU of Tennessee this week filed a lawsuit in federal court on behalf of fifteen residents of the apartment complex who were subjected to this large-scale, warrantless raid by ICE agents and Metro Nashville police officers.

If you could have only one constitutional amendment to protect America from becoming Saudi Arabia or Syria, it would have to be the Fourth. More even than the First, the Fourth Amendment's protections against unwarranted searches is the last bulwark against the Security State.