Legal expert weighs in on Buona Forchetta ICE raid, use of force
SAN DIEGO (FOX 5/KUSI) — After the high-profile U.S. Immigration and Customs Enforcement operation at Buona Forcetta in South Park that led to the arrest of several people, the legal community is weighing in on the use of force.
'There are not different rules for federal officers than there state officers, the same rules,' said Jerry Steering, an attorney and use of force expert. 'The Fourth Amendment is the Fourth Amendment, is the Fourth Amendment, is the Fourth Amendment.'
However, he notes subtleties make all the difference in these cases. In the case of the South Park operation, ICE was legally able to cuff the entire restaurant staff under the search warrant they presented. If they had an arrest warrant, Steering says it would have been completely different.
Buona Forchetta to close temporarily following ICE raid in South Park
'If ICE has an arrest warrant for the occupants of a building, whether it's a residence or an office, they have no right to detain or restrain anyone other then the targets of the warrant,' said Steering.
The attorney says people who can prove they've been violated by a federal action do not have any criminal recourse, but they can bring a civil case against individual officers seeking damages for civil rights violations using a legal tool called a Bivens action.
Federal civil suits can also be brought against the whole of the U.S. Individual agencies cannot be sued, per Steering.
'You can sue ICE agents for the same Fourth Amendment violation that you could sue a state or local officer,' said Steering. 'Under the Bivens actions the only defendants are the cops.'
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