Legal analyst breaks down questions surrounding ICE killing of Renee Good in Minneapolis
The fatal shooting of Renne Good by a U.S. Immigration and Customs Enforcement agent has outraged many but is also strongly defended by President Trump and the Trump administration.
The shooting raises many legal questions. Constitutional law professor David Schultz, who has taught a class on police, criminal and civil procedure, has some answers.
Can ICE agents order you out of your car?
"They can stop you, they can ask you a series of questions, but they can't force you out of the car," Schultz said. "You can ask them at that point, 'Am I under arrest?' And if they say no, you can ask them, 'Am I free to leave?' And if they say yes, you can leave."
Can ICE go into schools and private property?
"No, they cannot unless they have a warrant," Schultz said.
Can ICE detain a non-citizen who is here legally?
"They enjoy the same constitutional rights as U.S. citizens, unless they have grounds for arresting them, which means witnessing a crime or they have a warrant for an arrest, they can not detail them," Schultz said.
Does the ICE Agent have complete immunity? Can he be charged?
"There is no such thing as absolute immunity, but it is going to be difficult to charge at the state and local level," Schultz said.
Can the FBI kick Minnesota out of its investigation?
"Yes, it can. Is it good practice to do that? Now, it's generally good practice for them to cooperate, yes," Schultz said.
Can Minnesota conduct its own investigation?
"Can the state and local government do their own investigation? Yes," Schultz said. "That is going to pose a problem here because they won't have the ability to interview the ICE agent and they won't have access to a lot of other documents."
Can Renee Good's family file a wrongful death lawsuit against ICE?
"The Good family could bring a civil rights lawsuit against the U.S. government," Schultz said.
Minneapolis reminds residents of legal rights
The City of Minneapolis reminds residents that the Minneapolis Police Department does not work with ICE, but cannot interfere with those operations. Minneapolis residents are encouraged to call 911 if:
- You see someone with a gun and they are not wearing anything that identifies them as law enforcement.
- You hear gunshots or see someone firing a gun.
- Someone is being assaulted.
- A person is being taken by force into an unmarked vehicle and you don't know if law enforcement is involved.
The city also asks residents not to physically engage with ICE operations and not to throw objects or impede federal law enforcement.
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