Search
Close this search box.

Rubashkin Attorney Wants Raid Evidence Excluded


rubashkin1.gifAn attorney for the embattled Agriprocessors Inc. in Postville wants a judge to exclude from his client’s trial all evidence and testimony collected from a massive May 2008 immigration raid.

Jim Clarity argues that the raid violated the constitutional rights of every worker arrested during the operation, because agents used an administrative warrant to enter the slaughterhouse “for the purpose of prosecuting them criminally.”

Agents also detained and questioned all Hispanic workers “without a reasonable, articulable suspicion that any particular worker was an illegal alien,” Clarity wrote in the motion to suppress evidence.

Clarity argued that the warrants, which targeted 697 “John Doe” and “Jane Doe” workers, were invalid because they did not properly identify the person to be arrested and were not backed by probable cause.

“Based on all of these errors, all of the evidence flowing from the arrests on May 12, 2008 should be excluded at trial,” Clarity wrote.

A spokesman for the U.S. Attorney’s office in Cedar Rapids did not immediately respond to a message.

Prosecutors have said the plant’s plight was caused not by the raid, but managers who attracted and employed the illegal work force.

(Source: Des Moines Register)



3 Responses

  1. That’s good police work. Even though agents lacked “reasonable, articulable suspicion that any particular worker was an illegal alien”, they managed to arrest over 400! With “flaky” odds like that I’d take all my money to Las Vegas.

  2. #1- It’s a common legal defense strategy to poke holes in the evidence (especially regarding the way in which it was obtained) in order to make it inadmissible in court. Whether or not the judge allows the motion is another story, but any defense counsel worth his salt will always look to get a motion to suppress at least some of the evidence.

  3. Law Enforcement cannot have selective enforcement of immigration laws. Businesses, schools, hospitals, social service agencies, DMV, and on and on, are all providing in one way or the other for illegals.

Leave a Reply


Popular Posts