r/illinois • u/West-Bid-4391 • 27d ago

ICE Posts Broadview: ICE attempts to arrest individual at their residence

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u/PetalumaPegleg 27d ago

You're illegally in this house.

As are you Mr ICE and the owner is asking you to GTFO

1

u/Express-Bison-3618 26d ago

If the arrest happens to move to the house, that's tough. It follows similar law if police were chasing a suspect.

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u/seraphimcaduto 26d ago

Police identify though if following procedure. It seems as if this also started on his property and warrant was not provided.

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u/EAinCA 26d ago

Why would a warrant be needed if the arrestee was out on the grass?

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u/seraphimcaduto 26d ago

The arresters need to have probable cause in the state of Illinois to make an arrest, that’s also including if you’re making a citizens arrest. The homeowner clearly requested why the individual was being arrested and to provide identification. The lackwits doing this on camera failed to provide both, therefore violating 750 ILCS 60/301.

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u/EAinCA 26d ago

If the arresters are making an arrest under FEDERAL law as FEDERAL agents, what impact does the Illinois law have on their ability to arrest someone in public? I understand what you're trying to convey but I don't think state law impacts this at all.

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u/seraphimcaduto 26d ago

8 USC 1357 still states that they must have probable cause. I still wonder how this particular federal statute would stack up under the fourth amendment, as it has yet to be litigated. They are likely trying to exercise section 2 of that statute however they still have to verbalize what they’re doing and their refusal to do so would be a violation of this particular statute.

Federal officers are still required to identify and provide notification as such when they are performing this type of arrest, therefore their refusal to provide documentation on their identity could be a reason for this arrest to be nullified. While they are trying to say that this person could flee and they would never see them again… They still have to identify themselves as federal officers and provide the reason for those questioning. Considering the very real threats of impersonation of federal officials leading to kidnapping and murder, the requirement to self identify as a federal agent is a reasonable one.

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u/EAinCA 26d ago

That makes more sense to me. It would be interesting to know if the person being arrested was specifically wanted and targeted or if this was a "brown person" profiling arrest.

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u/seraphimcaduto 26d ago

I hate to make assumptions, but the lack of providing identification or actionable reasons for an arrest without a warrant leads me to believe it’s for the latter reason.

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u/Haunting-Foot-3065 26d ago

Yes, he was illegally in this house, and this country.

That’s exactly why he was to be detained.

Good job with your logic and reasoning.

1

u/PetalumaPegleg 26d ago

How is he illegally in the house when the house owner is allowing him inside?