Today on TV, the Deputy Director of the federal paramilitary force in #PDX discussed the infamous van video. He described a textbook example of an unconstitutional arrest.— Andrew Crespo (@AndrewMCrespo) July 22, 2020
But... he doesn’t seem to know it.
That is a BIG PROBLEM. Let’s unpack this. It’s important.
(thread)
The rest of that is a VER
Y long thread, but well worth reading. As I've said, the word "arrest" is carrying a lot of baggage in this conversation. The thread points out that detention itself is an arrest under 4th Amendment law, which means it can't happen without probable cause (a term of art, not just a phrase you hear on TeeVee cop shows).It's been wrong since at least 1979.— Andrew Crespo (@AndrewMCrespo) July 22, 2020
But DHS is considering an arrest a documentary matter; no documents, no arrest. Nice work if you can get it. At this point, though, I'm restating what's on the thread, and there's no point in that. The breakdown of the claims and incident are very deliberate, as they should be.
Follow the bouncing ball....
So.... the most troubling part of Cline's statement is NOT when he acknowledges the lack of probable cause.— Andrew Crespo (@AndrewMCrespo) July 22, 2020
It's when he says that this "simple engagement" was perfectly constitutional because "it's not a custodial arrest." https://t.co/vdBYPRcMTH
I have to admit to a certain level of confusion here. The Texas GOP got into five courts (three state, including the Texas Supreme Court, and two federal, including the 5th Circuit) in the space of 4 days, trying to force the City of Houston to allow their convention to meet in person. Federal goons are gassing innocent people and arresting them without cause, and while I understand lawsuits have been filed, no court is apparently able to issue so much as a TRO to find out WHAT THE HELL IS GOING ON!
I admit I am perplexed as to that.
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