When agents encounter strangers, the Fourth Amendment imposes three core limitations:
1. If, and only if, agents have particularized suspicion that a person may be guilty of a crime, they can stop the person (make a "Terry stop") and pose a brief series of questions to dispel or confirm their suspicions. This is the basic dividing line that border czar Tom Homan and others in the administration say the agents are following in nearly every case.
2. If, and only if, agents have developed probable cause that a person is guilty of a crime, they can arrest them -- restrain their physical movements. That includes, of course, Americans or anyone else who assaults law enforcement.
3. At all times, including during arrests, agents may not employ force that is unreasonable under the circumstances.
Now that we are in the age of body worn video cameras, not only should uniformed LEOs be required to wear them, they should state their rationale for the stop (i.e. particularized suspicion and probable cause)
Last night, SCOTUS granted a temporary stay of the Trump administration's request to stay the orders of the district court and the 3 panel appellate court's decisions until the full appellate court could weigh in. The Justice that granted the stay: Jackson!
What's the rational: deference to the POTUS? If so, that would make no sense what so ever. Why would you defer to an administration acting on the behalf of a criminal? an adjudicated sexual assaulter? an adjudicated tax cheat? a serial liar? a self admitted sexual predator?