Advisory Opinions Analyzing ICE Shootings
50 snips
Jan 27, 2026 
Orin Kerr, Stanford Law professor and Fourth Amendment specialist, explains judicial versus administrative warrants and the limits on remedies against ICE. He weighs Payton v. New York, circuit splits, and why suppression or Bivens claims often fail. They also debate prospects for injunctions and preview the Supreme Court’s geofencing case and its privacy implications.
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No Clear Mortal Threat In Preddy Shooting
- The Preddy shooting lacks evidence he posed a mortal threat when shot.
- That factual absence makes criminal liability much harder than in the Good case.
Supremacy-Clause Immunity Is Broad
- Federal officers enjoy broad supremacy-clause immunity for on-duty acts.
- Poor performance on duty usually remains within official duties and is thus often immune from civil suit.
Prefer Judicial Warrants For Home Arrests
- Judicial warrants come from a neutral magistrate and require probable cause.
- Administrative warrants are internal executive orders and do not substitute for a judicial check under the Fourth Amendment.
