As Operation Catahoula Crunch continues in the New Orleans area, some residents are questioning the legality of the tactics members of the Border Patrol are using to arrest people suspect of being in the United States illegally. Specifically, members of the New Orleans City Council are demanding that Border Patrol agents unmask and clearly identify themselves.
One legal analyst says, everything Border Patrol is doing now is above board.
"They have no legal or constitutional obligation to do that," Ciolino said about officers unmasking and not identifying themselves. "There's nothing unlawful (or) unconstitutional about law enforcement conducting covert or undercover operations."
Loyola University law professor Dane Ciolino says law enforcement officers have no duty to show their badge or otherwise prove that they are acting in their capacity as a law enforcement officer. Ciolino says if that were indeed a requirement, police could see their work seriously hampered.
Furthermore, Ciolino says Border Patrol agents--in some situations--may not be obligated to read a suspect his Miranda Rights.
"They don't have to do that unless they plan on conducting a custodial interrogation."