Dave Nathanson

It’s #STFUfriday!

When cops ask you questions, ask for a lawyer and then STFU:

- I am not discussing how I’m doing or where I’m going.

- Am I free to leave?

- I am not answering any questions.

- If they ask to search anything: "I do not consent to a search."

- I want to talk to a lawyer.

Below is a link to the leaked ICE memo claiming to give agents authority to enter homes without a warrant signed by a REAL judge.

I read it. It's garbage. But here we are. 🧵

https://www.documentcloud.org/documents/26499371-dhs-ice-memo-1-21-26/

Jan 23 at 11:36pmWeb
Show threadDave NathansonJan 23

Law enforcement cannot enter a private home without a judicial warrant based on probable cause. There are exceptions such as hot pursuit of a person for committing a felony and whose crime poses an actual danger to public safety. This ain't it.

The whistleblower memo attached to the ICE memo analyzes ICE’s assertions well. ICE is engaging in a fail-the-bar-exam level of ignorance.

Law and reality are always distinct. First keep yourself safe. Worry about suing people later. /2

Show threadDave NathansonJan 23
As with every #STFUfriday post, I'm a lawyer in the USA. These comments are based on law in the USA. (And they apply to all people in the USA, whether or not they are citizens.) Some US states provide more protections than this. /end
Show threadCorvid CroneJan 23

@D_J_Nathanson

"Law and reality are always distinct."

This 👆

Show threadMykJan 24
@D_J_Nathanson I’m curious what will happen when they try this in a state with castle doctrine. Oh that’s right. They are specifically avoiding those states.
Show threadPappyJan 24
@D_J_Nathanson I wrote down on a piece of paper that I'm allowed to jerk off in the paint section at Walmart. So, I'm cool to skin it back in Walmart, right? Just want to make sure that's how the US Constitution works. I mean, because ICE is just like, writing stuff down and then it's the law. So, we're good, right?
Show threadSlightlyCyberpunkJan 24

@D_J_Nathanson and FWIW here's a judge telling ICE that memo is full of shit:

https://www.documentcloud.org/documents/26503916-ice-mn-garrison-g-court-ruling/

ICE MN Garrison G court ruling

Show threadDave NathansonJan 24
@admin Does it mention the memo specifically? I don’t see that. But it certainly is the judge saying you have to follow the 4th Amendment. Cheers!
Show threadSlightlyCyberpunkJan 24
@D_J_Nathanson yeah doesn't mention the memo specifically, I think it might actually pre-date that leak by a couple days. But it does call out the same practice by specifically saying they need a judicial warrant -- which clearly should exclude this administrative warrant crap they try to use too.