NON-FEDERAL ARREST OF ILLEGAL IMMIGRANTS WITHOUT PROBABLE CAUSE - QUARANTINING THE FRUITS OF THE POISONOUS TREE AT DEPORTATION HEARINGS

• NCJ Number: 25586
• Journal: Prosecutor Volume: 10 Issue: 6 Dated: (1974) Pages: 468-473
• Author(s): G S JACOBSON
• Date Published: 1974
• Length: 6 pages
• Corporate Author: National District Atorneys Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE DISCUSSES THE NEED BY ILLEGAL ALIENS FOR REMEDIES FOR WARRANTLESS ARREST, DETENTION WITHOUT BOOKING, AND THE GENERAL NON-PROVISION OF PROCEDURAL SAFEGUARDS.

Abstract

JUDICIAL DECISIONS ARE CITED FOR CASES INVOLVING STATE LAW ENFORCEMENT OFFICERS AND ILLEGALLY DETAINED ILLEGAL ALIENS. THE ALIENS (ILLEGAL BY THEIR OWN ADMISSION) WERE SUBSEQUENTLY DEPORTED PARTLY BECAUSE THE PHYSICAL EVIDENCE OF THEIR BODIES WAS NOT EXCLUDED AS BEING EVIDENCED SEIZED AS A RESULT OF AN ILLEGAL SEARCH AND SEIZURE. THE AUTHOR SUGGESTS THAT STATE LAW ENFORCEMENT OFFICERS SHOULD BE REQUIRED TO MEET THE SAME DUE PROCESS STANDARDS WHICH ARE PRESCRIBED FOR FEDERAL IMMIGRATION OFFICERS. SAN DIEGO COUNTY