I haven't seen any evidence in MY state that people are being thrown in jail for leaving their homes. My husband takes a walk every day down to the pond a mile or so away; I make a once a week run to a friend's house to borrow her washing machine since mine is broken. Yesterday I went to the grocery store, the post office and the drug store. Neither of us has been arrested or thrown in jail with traffic violators, let along rapists or murderers. Got any VALIDATED stories of that happening, Steve?
If, for one, would not obey an order to lock people into their homes. I cannot buy for a moment that the Constitution is suspended simply because it might be a good idea.
Even in the Rodney King riots of 1992 - when the state HAD the legal authority here to impose curfews and movement/travel restrictions in several areas, the courts largely dismissed almost all such cases in the FOJ when they came up. I strongly suspect there will be much the same here.
As for custodial arrests, well, at a time when we are releasing burglars and violent thugs to protect them from COVID, the likelihood of anyone actually being booked on such a lowgrade misdemeanor is highly unlikely.
"Threatened with" is not the same as actually being jailed. Got any actual stories of actual jail time for folks who did nothing but leave their homes?
But, making a detention without lawful cause is also unlawful. Simply stopping people for being out of their house or gathering at their own house (which has happened in L.A., Sacramento, San Jose, and other places) can be sufficient to violate the law. I can't stop people without reasonable suspicion that criminal activity is afoot. I can make consensual contact and advise and educate, but, detain for something that is not a crime? Nope!
It's not an issue of suspending the Constitution. It's an issue of what the federal courts will say the Constitution allows the government to do when faced with a crisis that, left unchecked, might kill a million or more people. Bear in mind that none of the rights we have in the Constitution are absolute. There are limits to every one of them. So in a situation like this, the question becomes how far can the government go to deal with the crisis at hand? The Constitution provides Congress with the power to regulate for the "general welfare" after all. So in carrying out that power what may the government do in extraordinary situations like this one? This isn't the place for a whole course in Constitutional law, but the rulings of the federal courts do provide some support for actions taken to protect the health and safety of the public even when those actions would otherwise infringe a Constitutional right. As noted, no right is absolute.
Of course the government also needs the appropriate authority in federal/state/local law to take these actions. And that's where a lot of the challenge is for them. The laws many states have just aren't perfectly suited to this. So they have to cobble together the authority from the laws they do have as the basis for their actions or go through the process to enact the laws to grant the authority needed. I think this is the area where most successful challenges are likely to occur rather than challenges to the constitutionality of it.
Well, out here they can't seem to decide on where the authority lays so most cities and counties that are trying this crap are relying on local statutes and not state law. Santa Cruz County is relying heavily on assorted Health and Safety Codes that do not seem to apply at all. Hopefully, no one will push the issue such that anyone gets hurt. But, LAPD had a confrontation with a crowd at a gas station yesterday that had the potential of a small riot and violence. I don't know that I'd want to be the supervisor or manager that would have had to give the order to go hands on had it gotten to that point as the legal justification would likely have been weak. Fortunately, the dozen plus officers merely closed down the station and stood around with batons out while getting yelled at, threatened and berated by a couple dozen foul mouthed locals.
So as yet, no one has actually been arrested and thrown in jail. You're merely anticipating what-ifs.
How about you, Steve? You raised the issue - got any actual cases where someone was thrown in jail with a rapist/murderer just for taking a walk?
I'll be interested to see any actual, validated stories.