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Old Feb 6, 2018, 2:49 pm
  #99  
cbn42
Moderator: Manufactured Spending
 
Join Date: Jul 2011
Posts: 6,580
Originally Posted by PTravel
All the "evidence" is right there. When someone is on a bus and can't readily get off because ICE is blocking the way, that is detainment and also coercive. Interrogation while detained in a coercive context is a violation of 4th and 5th Amendment rights -- what counts is the person's perception. And, again, the idea that someone must prove to LEOs that they haven't done something wrong when there was no reason for the LEOs to be there in the first place is completely offensive to the fundamental principles of American justice (and the Constitution).
I'm not sure you're correct that the person's perception is what counts.

If the police pull me over, take my license and registration from me, and then say "we need to search your car", my perception may be that I have no choice but to say "okay". But if I do, that is clearly a consensual search.
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