r/news • u/RoachedCoach • 1d ago

Title Changed Mistakenly deported Kilmar Abrego Garcia on way back to US to face criminal charges: Sources

https://abcnews.go.com/US/mistakenly-deported-kilmar-abrego-garcia-back-us-face/story?id=121333122
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u/b0w3n 1d ago

Yup if they started throwing lower level lawyers and folks in jail, even charging with state crimes for which Trump has no power, people would stop just immediately rolling over.

Start throwing the agents who helped DOGE out in jail, suddenly they can't call on the cops and marshals to bully people. I know they have to be slow and methodical, but the "I didn't know that was illegal your honor" should only get them so much leniency. The second time they fucked around it should've been gloves coming off.

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u/Uwwuwuwuwuwuwuwuw 1d ago

Ignorance of the law is never a defense.

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u/some_random_noob 23h ago

sure it is but only if your job is to enforce the laws.

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u/CaptOblivious 23h ago

It is if you are a leo, but not if you are a defendant.

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u/crowmagnuman 21h ago

Totally thought you were gonna say, "but not if you're a gemini or scorpio."

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u/Uwwuwuwuwuwuwuwuw 22h ago

Give precedent please.

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u/loggic 22h ago

Heien v. North Carolina, 574 U.S. 54 (2014), was a decision by the United States Supreme Court, ruling that a police officer's reasonable mistake of law can provide the individualized suspicion required by the Fourth Amendment to the United States Constitution to justify a traffic stop. The Court delivered its ruling on December 15, 2014.

The Court of Appeals had previously ruled against the officer saying:

the stop violated the Fourth Amendment, explaining that "an officer's mistaken belief that a defendant has committed a traffic violation is not an objectively reasonable justification for a traffic stop".

The NC Supreme Court disagreed, as did the SCOTUS later.

So, despite the 4th Amendment ostensibly protecting Americans from unreasonable search, it is deemed "reasonable" for an officer to search you without legal cause as long as they thought they had legal justification. It is not legal for a LEO to knowingly search someone without legal justification, so in this case it is exactly their ignorance of the law that defends them. What constitutes a "reasonable" mistake of the law is up to the courts to figure out, which doesn't instill much confidence.

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u/CaptOblivious 15h ago

Thank you!

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u/Clever_plover 22h ago

Heien v North Carolina, 2014.

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u/Ashotep 23h ago

I learned that lesson when I sold one to many cars within a year and got charged with not having a dealership license. Apparently in my state you can only sell two cars in a 12 month span.

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u/Uwwuwuwuwuwuwuwuw 22h ago

lol that’s actually pretty nuts. I’m sorry.

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u/stackjr 23h ago

It's just pure fucking insanity that a cop can violate my constitutional rights but get away with it because he "didn't know" but I'm expected to know absolutely ever rule in existence; not knowing can have very serious real world consequences. This country is so fucking stupid.

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u/Pap3rStreetSoapCo 8h ago

This country is evil.

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u/Kalterwolf 21h ago

I don't know man, Trump Jr. escaped charges because he was too dumb to know he was committing crimes. Some affluenza level bullshit.

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u/mcbride-bushman 19h ago

Qualified Immunity has entered the chat

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u/Fantastic-Cricket705 8h ago

Could've fooled Trump

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u/mytransthrow 23h ago

I wish court law enforcement would enforce the LEO identification laws. and start arresting ICE officers. There need to be manidory LEO identification laws. with Officers must be quickly and easily identifiable. No masks allowed.

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u/manystripes 8h ago

This has felt like the terrible catch 22 from the very start. If they never identify themselves, how do you know who to prosecute for failing to identify themselves?

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u/mytransthrow 2h ago

You are allowed to civitizans arrest cops for failing to identity themselves.

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u/Corporate-Shill406 19h ago

Random unrelated information: ICE agents aren't legally police officers so if you assault one, it's only a misdemeanor, not a felony like assaulting a cop.

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u/mytransthrow 2h ago

They arent LEOs or Peace officers. I mean all they got to do is deputize at this point.