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plaintiffdefendantpleamotionprobationseizuremotion to dismissprobation violation
plaintiffdefendantpleamotionwillprobationseizuremotion to dismissprobation violation

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Lopez-Lopez v. County of Allegan

Facts

Aaron Lopez-Lopez was arrested on August 14, 2017, in Allegan County on an outstanding warrant for a probation violation. He was booked into the Allegan County Jail, and his family posted a cash bond shortly thereafter. However, before the bond was confirmed, Allegan County received an ICE detainer and administrative warrant for Lopez-Lopez, which led to his detention until ICE could take custody of him the following day.

Aaron Lopez-Lopez was arrested on August 14, 2017 in Allegan County on an outstanding warrant for a probation violation. He was booked into the Allegan County Jail shortly thereafteraround 8:00 P.M.and his family posted a $1000 cash bond around 9:30. The bond processing company faxed a time-stamped confirmation to the jail, which recorded the time as 10:24. Nearly simultaneous to Aaron posting bond, and before receiving confirmation, Allegan County received an I-247 detainer and I-200 administrative warrant from Immigration and Customs Enforcement (ICE).

Issue

Did the actions of Allegan County and Sheriff Frank Baker in detaining Aaron Lopez-Lopez pursuant to an ICE detainer and administrative warrant violate his Fourth and Fifth Amendment rights?

Did the actions of Allegan County and Sheriff Frank Baker in detaining Aaron Lopez-Lopez pursuant to an ICE detainer and administrative warrant violate his Fourth and Fifth Amendment rights?

Rule

The Fourth Amendment protects against unreasonable searches and seizures, requiring probable cause and a warrant issued by a detached and neutral magistrate. In the immigration context, administrative warrants can be issued by executive officers upon probable cause without the need for a magistrate.

The Fourth Amendment protects against unreasonable searches and seizures. The hallmark of a reasonable search or seizures is the existence of probable cause and the issuance of a warrant by a detached and neutral magistrate. Illinois v. Gates, 462 U.S. 213, 216, 103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983).

Analysis

The court found that the cooperation of Allegan County with ICE did not violate the Fourth Amendment because the detainer and administrative warrant issued by ICE provided the necessary probable cause for Lopez-Lopez's detention. The court noted that the detainers were valid and that the cooperation of local law enforcement with federal immigration authorities is permissible under federal law.

A. Allegan County's Cooperation with ICE Did Not Violate the Fourth Amendment. The Fourth Amendment protects against unreasonable searches and seizures. The hallmark of a reasonable search or seizures is the existence of probable cause and the issuance of a warrant by a detached and neutral magistrate. Illinois v. Gates, 462 U.S. 213, 216, 103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983).

Conclusion

The court granted the defendants' motion to dismiss, concluding that Lopez-Lopez failed to state a plausible claim for relief under the Fourth and Fifth Amendments.

Because Aaron has not pleaded a plausible claim for which relief can be granted, the Court will grant Defendants' motion to dismiss and enter judgment.

Who won?

Defendants Allegan County and Sheriff Frank Baker prevailed in the case because the court found that the plaintiff did not plead a plausible claim for which relief could be granted.

Defendants Allegan County and Sheriff Frank Baker prevailed in the case because the court found that the plaintiff did not plead a plausible claim for which relief could be granted.

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