Where Have You Gone Joe Dimmagio ???

The U.S. Supreme Court’s recent “shadow” docket decision, Noem vs Perdomo… allows ICE to ignore Constitutional restraints when confronting, searching or arresting a profiled group, i.e. those who look like, sound like or work like hispanic immigrants (even though they may be citizens or, otherwise, legally in the America). I was aghast. A little history to demonstrate my “Aghastness.”

ARREST… ONLY UPON “ARTICULATED” PROBABLE CAUSE

To arrest a person, the 4th Amendment of the U.S. Constitution requires the government (i.e. the cops, ICE or otherwise) to “articulate facts” that the person being arrested…

Had “probably” (i.e. “more likely than not”) committed a crime, or
Was “probably” (more likely than not) in the process of committing a crime

PRE ARREST PAT DOWN… ONLY “ARTICULATED” REASONABLE SUSPICION

About 60 years ago the U.S. Supreme court loosened the rules somewhat when cops are questioning suspects to determine whether criminal activity was afoot (i.e. where there was no probable cause to arrest).

In the case of Terry v Ohio, the Supreme Court allowed cops investigating crimes…

To “pat down” (not search) suspects to protect themselves from those who may be carrying weapons
IF (and only if) the cops could “articulate facts” that showed a “reasonable suspicion” (less than “probable cause”) the person(s) being investigated/interviewed was armed.

Terry was not an open door for cops to pat down anyone and everyone. But (I repeat)… where there was no “articulable” probable cause to arrest, Terry did allow the cops to pat down for weapons where there was a “reasonable suspicion” (less than “probable cause”) based on facts that the person(s) being investigated/interviewed was armed.

NOW COMES NOEM v PERDOMO

Noem v Perdomo which appears to me to turn the 4th Amendment and Terry v Ohio upside down and create a lawless America that now allows the government (in this case ICE agents) to ignore the 4th amendment and… stop, question, pat down, search, detain and/or arrest citizens because ??? Well, because they belong to a suspect class… a class that looks like brown-skin hispanics, talks like brown skin hispanics or works like brown skin hispanics (menial, low paying jobs).