No. of Recommendations: 6
If ICE are found to have engaged in breaking and entering without a judicial warrant they should be arrested for that crime. Same for malicious damage to a vehicle in an unwarranted search and seizure.
But neither of those things is credibly a crime. Police and law enforcement frequently are found by the courts to have exceeded their authority under the 4th Amendment to conduct searches and seizures. That doesn't convert their actions into a B&E or kidnapping. It might give rise to a civil claim against the governmental body (most commonly a Section 1983 action). It might give rise to the arrest being vacated, or the results of the search being excluded from evidence. But it's not a crime committed by the officers.
If Minnesota (or any other state) went to a state judge after one of these detentions and tried to get an arrest warrant for an ICE officer for these charges, they'd almost certainly get laughed out of court. At best, they might get respectfully tossed out of court. They could theoretically try to empanel a grand jury to bring the charges, and maybe a group of sufficiently outraged citizens might issue the indictment - but it wouldn't withstand its first contact with a judge.
You could certainly make a case for possibly indicting a federal officer who shoots someone in circumstances where deadly force is prohibited. Shooting a guy ten times while he's lying face down on the ground, unarmed, in the back is ripe for a possible criminal charge. But for entering a home in connection with conducting a law enforcement function? Even if it's later found to be unwarranted (literally)? That's not a crime, and the state knows it.
