"I'll have a big mac with flies and a coke with extra ICE."

SO MANY wrong posts, it's going to make my head explode.

Immigration is an executive branch authority, therefore it is administrative and not judicial. Immigration Judges work for the POTUS and are not part of the judiciary. Warrants for the removal of aliens are administrative, and don't have to be signed by a judge. An immigration officer can make one on the spot if he identifies someone who is here illegally, or has had their legality revoked.

Private property requires a JUDICIAL warrant to enter, unless LE has a Judicially Recognized Exception, under the 4th Amendment. Big edit to add: Public access areas of private property are open to LE also, unless the owner says they are not. This gets into more of a states laws, for example Texas passed a law that a private business can not ban LE from publicly accessible areas.Other JREs would include exigent circumstances such as "hot pursuit," imminent danger to the public (or an innocent party), destruction of evidence and things like mobile conveyance, plain view, consent searches and search incident to arrest.

Probable Cause is the legal standard to get a warrant, and legally refusing entry or a consent search of your vehicle etc. is not grounds for probable cause.

Just as I disagree with 99% of protesters, I LOVE that they can PEACEABLY protest. Sometimes the 4th (and 5th) Amendments have kept me from using the last route, or easy route, to go after a criminal, I cherish that these guards are in place. The "inconvenience" is well worth the protection of the Right.

There are varying degrees of where the 4th Amendment applies. Open fields, curtilage, vehicles and even businesses are not going to have as much protection as a person's home. This is because the 4th Amendment doesn't say the government will conduct no searches or seizures, it says the government will conduct no UNREASONABLE searches and seizures. The courts have said it is more reasonable to look at curtilage, than it is to search someone's home. The home is the most sacred of places and requires the most protection.

Game Wardens are authorized to conduct inspections of game activity, a well-regulated activity. This includes hunting and fishing activities, and requires them to have access to these activities to be able to do their job. Game animals belong to the people and are managed by the state. If someone fences off their property and removes all the animals, the warden would have no right of access to their property.

Game Wardens still need Probable Cause to get a warrant to search a person's home, unless there is a JRE. Their inspection powers only go so far.

To specifically address this, McDonalds non-public areas would require a judicial warrant (or JRE). If an officer was in hot pursuit, he would probably be able to follow the suspect to prevent his escape. If there was no hot pursuit (or other JRE) he would have to block the suspect in and apply for a judicial search warrant, which today, can be done pretty quickly over the computer, or even the phone.

A well thought out and thorough examination of the issue with facts

BAN USER PERMANENTLY. We have a lack of standards to uphold.

MouthBQ98 said:

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A warrant is a search for evidence. Any evidence found without a warrant is not eligible for legal consideration and is a constitutional violation.

However, ICE is not looking for evidence. They are enforcing a judicial removal order for an individual, and that is a different thing. If they are attempting to make an arrest of an individual and the individual is believed to be present, I am unsure a warrant is required to execute the arrest. It is much like the pursuit of a criminal fugitive. If the person is commits a crime and flees into private property, the pursuing officer isn't required to get a judicial warrant for each property the fleeting criminal passes into.

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Wouldn't this be a similar to a bounty hunter going in for bail jumper?

Thanks for the information.

blacksox said:

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This is free enterprise. Capitalism. The property owner sets the rules, unless you have a warrant.

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Big whiff dude.

blacksox said:

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This is free enterprise. Capitalism. The property owner sets the rules, unless you have a warrant.

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And the property owner can also be arrested along with whatever illegals they're employing illegally.

IIIHorn said:

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"I'll have a big mac with flies and a coke with extra ICE."

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Go away, tea-sip. Your jokes are tired.

waitwhat? said:

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Looks like a lot of people in this thread didn't bother to actually read the notice.

It doesn't say LEO can't come in and order a Quarter Pounder and fries. It says they can't come in and perform a search without a valid warrant.

Much like the nutritional value of a Big Mac, this is a nothingburger.

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Read it again. To quote "If you attempt to enter this business without a valid judicial warrant ..."

So it does say that they can't come in a order a Quarter Pounder. It is actually in All Caps.

InfantryAg said:

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SO MANY wrong posts, it's going to make my head explode.

Private property requires a JUDICIAL warrant to enter, unless LE has a Judicially Recognized Exception, under the 4th Amendment.

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Most of what you said was true, but this sentence is incorrect. This is an open business, anyone can enter. You don't need a warrant. Permission is implied. If asked to leave, they must leave, but until then they are free to enter just like anyone else in the public.

Admiral Nelson said:

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InfantryAg said:

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SO MANY wrong posts, it's going to make my head explode.

Private property requires a JUDICIAL warrant to enter, unless LE has a Judicially Recognized Exception, under the 4th Amendment.

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Most of what you said was true, but this sentence is incorrect. This is an open business, anyone can enter. You don't need a warrant. Permission is implied. If asked to leave, they must leave, but until then they are free to enter just like anyone else in the public.

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Sorry, I meant the private area of said property, I was not including public access areas in my definition of private property.

Thanks for pointing that out, I'm going to fix it.

Thunderstruck xx said:

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IIIHorn said:

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"I'll have a big mac with flies and a coke with extra ICE."

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Go away, tea-sip. Your jokes are tired.

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HEY!

Leave the sip we like alone!