logoalt Hacker News

epiccolemanyesterday at 9:03 PM1 replyview on HN

It's not really that the 4th amendment is less applicable, it's that the procedural protections are lower in civil proceedings.

I think it's a pretty big undersell to describe ICE as "marshals" too - they've got plenty of discretion in how they prioritize targeted people and who they detain. They are not just a neutral party executing court orders.


Replies

cyberaxyesterday at 9:16 PM

In theory yes, but in practice it's more unclear. There are conflicting Supreme Court precedents, that weaken the Fourth Amendment in cases where criminal penalties don't apply. Asset foreiture is another example.

> I think it's a pretty big undersell to describe ICE as "marshals" too - they've got plenty of discretion in how they prioritize targeted people and who they detain. They are not just a neutral party executing court orders.

Yep. That's also a difference between theory and practice.