- Oct 17, 2011
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New video obtained by 2News has raised legal questions about federal immigration enforcement after border patrol agents broke through the glass door of a locked auto body shop in West Valley City to detain two employees.
“You guys broke the [doggone] window,” a woman can be heard saying in the video.
“Yes, we did,” an agent responds.
“You guys don’t have a [doggone] warrant.”
“We don’t need one.”
Carlos Trujillo, an immigration attorney not connected to the case, said the circumstances described raise serious Fourth Amendment concerns.
“If they didn’t have a warrant authorized by a judge to enter that specific place, they cannot go in, and they cannot break the door violently the way they did it.”
Trujillo said federal agents can, in limited situations, enter private property without a warrant if there are exigent circumstances, such as an immediate danger to others, the destruction of evidence or the pursuit of a dangerous criminal suspect. [CBP has not responded to a request about what exigent circumstances justified this action.]
“You guys broke the [doggone] window,” a woman can be heard saying in the video.
“Yes, we did,” an agent responds.
“You guys don’t have a [doggone] warrant.”
“We don’t need one.”
Carlos Trujillo, an immigration attorney not connected to the case, said the circumstances described raise serious Fourth Amendment concerns.
“If they didn’t have a warrant authorized by a judge to enter that specific place, they cannot go in, and they cannot break the door violently the way they did it.”
Trujillo said federal agents can, in limited situations, enter private property without a warrant if there are exigent circumstances, such as an immediate danger to others, the destruction of evidence or the pursuit of a dangerous criminal suspect. [CBP has not responded to a request about what exigent circumstances justified this action.]
