Iowa ICE arrest raises questions on tactics

[AlphaCentauri]

Source: The Des Moines Register

It was 6:15 a.m. when Alberto Francisco Tello Casteneda woke his sister to say he was leaving for work. Fifteen-year-old Griselda shut the door after her older brother and then heard: "Stop! Get out of the car!"

Iowa immigration lawyers say they are disturbed by what reportedly happened next on Aug. 6: Casteneda, 17, declined to get out of his family's sport utility vehicle until he could speak to a lawyer. Federal agents allegedly bashed in the vehicle's windows, arrested the teen, drove him to Des Moines and put him on a flight to Chicago before he could speak to an attorney.
On Friday, a U.S. Immigration and Customs Enforcement official acknowledged in a written statement that the case was being reviewed.

More intense immigration enforcement in the Midwest, including the opening last year of a permanent fugitive unit in Des Moines, has resulted in a sharp jump in arrests, ICE confirmed Friday in response to a Des Moines Register inquiry. ICE has made 1,130 arrests in a five-state region that includes Iowa during the 2009 fiscal year, which began in October. That number has increased each year since 2006 and is almost twice the 660 people arrested then.

Some 470 of the 2009 arrests were of nonfugitive illegal immigrants, those who have not been ordered by a court to leave the country, "who were encountered during arrests of fugitives," according to ICE. In 2009, 42 percent of arrests were nonfugitives - up from 24 percent in 2006.



Read more: http://www.desmoinesregister.com/article/20090815/NEWS10/908150330/-1/SPORTS09

[vadawg]

1. just on the vehicle part, no cop is going to let you sit in your vehicle unti you talk to a lawyer

they are going to remove you, as to what happened later and if their was any just cause ill leave that for the moment.

[katkat]

2. not so

If you read the article, they didn't have a criminal warrant, but were operating under an administrative warrant, which has more stringent limitations on what they could do, such as not entering private property without permission.

And they apparently even arrested the wrong person. A minor, no less. I find it hard to believe it's legal to take a minor across state lines without giving him an opportunity to see a lawyer, which he had clearly requested, or to give his parents access to him.

[vadawg]

3. n

ope i didnt read the entire article as i was moving from one post to another, my bad, this is a good reason why the feds fuck up all the time when it comes to arrests, they need a lawyer to accompany them and explain it all to them or they are lawyers. Still if anyone is going to fuck up an operation or turn a simple arrest into a dog and pony show its the feds.

[mudplanet]

4. Bullshit

The only difference between the 'feds' and local law enforcement is that the feds have more oversight. If anything, local law enforcement "fucks up" arrests much more often, if your definition of "fuck up" is to not conduct an arrest in a legal and intelligent manner. They just don't get called to the carpet for their illegal actions as often.

As long as law enforcement continues to think that playing SWAT is a good way of conducting business on a regular basis, their reputation will continue to decline and the general public resentment of law enforcement will continue to increase. In the vast majority of arrests where a police officer brutalizes someone, a simple polite, well thought out approach would have worked much better.

They aren't hired as police officers because they're smart - so don't be surprised when they act stupidly.

ICE is code for NAZI.

[vadawg]

5. yeah okay, ill stick with what i know of making arrests and search and seizure etc

you go with what you know from reruns of starsky and hutch...

[mudplanet]

8. They aren't hired as police officers because they're smart - so don't be surprised when they act stu

thanks for proving my point

[vadawg]

9. well be careful with that point as im sure its the sharpest thing you are allowed

as im sure you are much smarter than any police officer....

[caseymoz]

7. Given the less-than-forthcoming nature of federal agencies . . .

. . . I think it's inconclusive that feds fuck up less. For years the FBI fucked up, but with Hoover in charge, nobody found out about it.

[Posteritatis]

18. If I, a non-US citizen, can grasp that rule, American cops bloody well should. (nt)

[FreakinDJ]

14. You still have to comply with the officers

I thought even you could understand that "If he was refusing to come out of the vehical - or even roll down the window - he did not show any ID" when requested by the officer.

That alone is enough to enforce an arrest

[EFerrari]

17. The answer is in #2. n/t

[FreakinDJ]

20. If you refuse to present ID - that is cause for arrest

doesn't matter if your a minor US citizen or an Illegal Alien - you still have to present ID when requested by an officer

As for the rest of your reply - that is pure shit house lawyering in a Rush Limpdick sort of way. You've run off assuming again

[EFerrari]

6. Thank GAWD ICE is protecting us from teenagers on their way to work!

:sarcasm:

[proteus_lives]

11. Well, if he's an illegal, he needs to be sent back to Mexico.

But no one should mistreated during an arrest.

[EFerrari]

13. The traffic right now is going south, not north.

And our economy will suffer for the departure of all those consumers. They will be a net loss for us.

[FreakinDJ]

15. Oh how I wish indeed that was true

[EFerrari]

16. Which part of it? The traffic is going south

and our economy will shrink as a result.

[FreakinDJ]

19. Like all Americans are a "Net Loss"

If they stay

[panzerfaust]

10. Many cops live for the day when they can kick in a door and shoot someone

Working for a summer as a radio-dispatcher/911 operator for a large Sheriff's department is what first led me to that opinion, and the intervening decades have not disabused me of it.

The police in the UK are just about out of civil control (spend a little time reading UK newspapers, even the Times thinks there is a problem), and we are not far behind.

Disgusting.

[proteus_lives]

12. They need to review their tactics.

But I disagree with the sympathetic tone of the article. They are breaking the law, even if they are nice people.