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2010-04-28 1:48 PM
in reply to: #2823403

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Subject: RE: Arizona

JBrashear - 2010-04-28 1:25 PM I say we just tell Rick Perry to jog along the Rio Grande.

LOL - I saw that on the news!  Dang coyotes...  wait is that a different type of coyote?



2010-04-28 1:52 PM
in reply to: #2823350

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Subject: RE: Arizona

Brock Samson - 2010-04-28 1:16 PM

megtrow - 2010-04-28 1:10 PM
bzgl40 - 2010-04-28 10:07 AM
Brock Samson - 2010-04-28 9:52 AM

bzgl40 - 2010-04-27 6:50 PM Am I the only one who doesn't always carry id?  I do not take my license when I am out running or biking or if I walk across the street to the store, or I take my dog out for a walk.  If I do this and a cop decides to ask for my id (justified or not) and I do not have it I have potential jail and a huge fine.  So, now it is the law that you must carry your license or other such documentation with you.  Thankfully I am Canadian so they'll probably leave me alone but it worries me none the less.  This is very similiar to when the blacks had to carry papers to prove that they were free and not slaves. 

Again, the law does not provide for a stop based upon belief of citizenship, there must be a predicate illegal offense or lawful law enforcement encounter prior to asking about citizenship.



I am reading the law a bit different, and maybe I am wrong, but you do not have to be doing anything illegal for them to ask for proof.  They just have to feel suspicious that you are there illegally.  Me talking and the Canadian flag on my leg might be enough for them to become suspicious. 


This is my understanding as well.  And just about everyone else's in Arizona.  Also, nobody has brought up the fact yet that Obama called this legislation "misguided" and asked for a full investigation into it's legality.  Thus far, nobody on this thread who is FOR the bill has been from our state.  Just sayin'. 

With all due respect I believe your interpretation is not accurate.  I maintain the proper interpretation of the law is that there is a two step process.  (1) the predicate condition is lawful police citizen encounter not based upon race.  e.g. an arrest, a lawful traffic stop. (2) then if and only if there is a lawful police encounter, then the police can request the citizen proof if they have reasonable suspicion to believe the person is not a legal resident.

Again, reasonable suspicion has a legal definition, the case law is filled with discusions of what is and what isn't reasonable suspicion.

Brock -kudos to you, but you are being too rational - it is much more fun to get emotionally bent on the subject.  As I said earlier, there is really no difference in this law than what SHOULD be already happening....  Now if we just can get ICE to take the illegals...  (BTW - what happened to the border fence?  Oh, that's right - we stopped working on it...)  At the end of the day this is really about the liberal Democrats trying to insert identity politics into a simple law enforcement matter.

2010-04-28 2:45 PM
in reply to: #2813206

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Subject: RE: Arizona

ashort33:  I believe my interpretation of the law is correct.  That being said I understand the posts of other people, especially given how the media is reporting the law. If media reports on the law were accurate (I assert they are not) then people SHOULD be outraged. 

One of the major problems we have is that we no longer have an independent press.  The majority of the press, either print media or electronic media, have a specific agenda and print stories (I purposfully do not say "report the news) to either advance a specific agenda or to sensationalize a story to sell more.  Additionally, our government, both parties, are beholden to interests other than the people.  Whether those interests are the advancement of their own party or the advancement of special interests.  Our government is now more about power and money than about the people.

For that reason we should be skeptical about everything that we read, and hear.  Rather than taking the presses word for what a law says, I believe we should go to the primary sources.  That means reading the law, or reading the court opinion.

Those in power count on an uninformed or at best an ill-informed electorate.  The most feared thing in Washington is a well informed citizenry.

2010-04-28 2:47 PM
in reply to: #2813206

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Subject: RE: Arizona
I think that this was a law passed by a state, that the state has no intention of ever acting on. Hear me out.

With the health care bills, stimulus packages, jobs bills, and everything else that is going on in Washington, immigration reform had seemed to be pushed to the side. Obama promised immigration reform and it just seemed to get pushed further and further down the list.

Arizona sees this, and faced with a great immigration problem decided to do something. I believe they passed this bill to get immigration reform back into the national spotlight. It's working. After seeing what Arizona has done, I don't really see anyway Congress can get out of not addressing immigration reform now.
2010-04-28 2:58 PM
in reply to: #2823685

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Subject: RE: Arizona

scottyr7 - 2010-04-28 3:47 PM I think that this was a law passed by a state, that the state has no intention of ever acting on. Hear me out.

With the health care bills, stimulus packages, jobs bills, and everything else that is going on in Washington, immigration reform had seemed to be pushed to the side. Obama promised immigration reform and it just seemed to get pushed further and further down the list.

Arizona sees this, and faced with a great immigration problem decided to do something. I believe they passed this bill to get immigration reform back into the national spotlight. It's working. After seeing what Arizona has done, I don't really see anyway Congress can get out of not addressing immigration reform now.

Never thought about it but it may be right.  Especially when you add in the request for national guards to be used to patrol the borders.  You are forcing the Federal government to do something, even if that something is inaction and then defend their inaction.

2010-04-28 3:05 PM
in reply to: #2823677

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Subject: RE: Arizona

Brock Samson - 2010-04-28 12:45 PM

ashort33:  I believe my interpretation of the law is correct.  That being said I understand the posts of other people, especially given how the media is reporting the law. If media reports on the law were accurate (I assert they are not) then people SHOULD be outraged. 

One of the major problems we have is that we no longer have an independent press.  The majority of the press, either print media or electronic media, have a specific agenda and print stories (I purposfully do not say "report the news) to either advance a specific agenda or to sensationalize a story to sell more.  Additionally, our government, both parties, are beholden to interests other than the people.  Whether those interests are the advancement of their own party or the advancement of special interests.  Our government is now more about power and money than about the people.

For that reason we should be skeptical about everything that we read, and hear.  Rather than taking the presses word for what a law says, I believe we should go to the primary sources.  That means reading the law, or reading the court opinion.

Those in power count on an uninformed or at best an ill-informed electorate.  The most feared thing in Washington is a well informed citizenry.

Best post I've ever read, on BT or elsewhere. Thanks, very well stated.



2010-04-28 3:43 PM
in reply to: #2823745

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Subject: RE: Arizona

crusevegas - 2010-04-28 3:05 PM

Brock Samson - 2010-04-28 12:45 PM

ashort33:  I believe my interpretation of the law is correct.  That being said I understand the posts of other people, especially given how the media is reporting the law. If media reports on the law were accurate (I assert they are not) then people SHOULD be outraged. 

One of the major problems we have is that we no longer have an independent press.  The majority of the press, either print media or electronic media, have a specific agenda and print stories (I purposfully do not say "report the news) to either advance a specific agenda or to sensationalize a story to sell more.  Additionally, our government, both parties, are beholden to interests other than the people.  Whether those interests are the advancement of their own party or the advancement of special interests.  Our government is now more about power and money than about the people.

For that reason we should be skeptical about everything that we read, and hear.  Rather than taking the presses word for what a law says, I believe we should go to the primary sources.  That means reading the law, or reading the court opinion.

Those in power count on an uninformed or at best an ill-informed electorate.  The most feared thing in Washington is a well informed citizenry.

Best post I've ever read, on BT or elsewhere. Thanks, very well stated.

Agreed!

2010-04-28 4:21 PM
in reply to: #2823070

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Subject: RE: Arizona

megtrow - 2010-04-28 11:10 AM
bzgl40 - 2010-04-28 10:07 AM 9:52 AM

I am reading the law a bit different, and maybe I am wrong, but you do not have to be doing anything illegal for them to ask for proof.  They just have to feel suspicious that you are there illegally.  Me talking and the Canadian flag on my leg might be enough for them to become suspicious. 


This is my understanding as well.  And just about everyone else's in Arizona.  Also, nobody has brought up the fact yet that Obama called this legislation "misguided" and asked for a full investigation into it's legality.  Thus far, nobody on this thread who is FOR the bill has been from our state.  Just sayin'. 

Actually, I'm in Arizona and I support this.  The bill was written in such a way as to comply with the current federal regulations that are already on the books - most of which are not enforced.  I have chosen to stay out of this conversations, mostly because people will believe what they want to believe and not always look at the truths.  However, I highly doubt that anything will change due to this legislation.  You must have reasonable suspicion to ask - similar to many states seat belt laws - you had to commit a primary 'crime' in order to receive the 'secondary' punishment (i.e. speeding AND not wearing a seat belt).  In fact you can not be arrested on reasonable suspicion alone.  Once RS has been established, you can be asked about your citizenship - if you can not prove that whether it be by producing your green card (which is supposed to be carried anyway if I recall) or a DL/ID or a passport or by calling in background, then a cop *could* establish probable cause that you are here illegally and then arrest you. 

This law allows Arizona to make it a crime to be here illegally.  The key word is IL-legal.  As in, not legal.  If I go to any other country in the world, I am supposed to have some form of identification (preferably passport) on me at all times and I can be stopped and asked for it.  Yet, no one is sitting around comparing them to Nazi Germany and a papers please country.  This includes both countries where I blend in very well and those where I stick out like a sore thumb.

2010-04-28 4:37 PM
in reply to: #2823108

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Subject: RE: Arizona
AcesFull - 2010-04-28 1:18 PM

I would love to see every legal Mexican immigrant (and most Mexicans in AZ are legal) to immediately run away from every police officer they see, just to trigger a stop and require the officer to check on ID. 



Seriously??? Not that they ever would chase them, but if asked, they would then be leaving serious matters at rest such as I don't know, murders, assaults and other felonies. Took years for cops to build back rapport with African American cultures in some cities after same suggestion was made. I am assuming you are kidding so will end the rant short.
2010-04-28 11:55 PM
in reply to: #2813206

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Subject: RE: Arizona
Before my wife, adopted son and my father in law entered the United States of America...they had all the paperwork in order.


So if you enter the United States of America without the correct paperwork.  You are Illegal and face deportation.   The word is Illegal.  Learn it.  Know it. 
2010-04-29 6:33 AM
in reply to: #2813206

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Subject: RE: Arizona

The solution may be elusive, and highly politically charged (when should be driven by...uh... say the laws of the land??)

But the problem is very real and threatening to all Americans regardless of race. @ 1/3 of the prisonors in federal jails are alliens who have commited a crime (other than illegal status). The costs are high (see reference below)...without quanitfying loss of life, liberty, property, or ability to pursue happiness of the victims.

I think the innocent and legal citizens deserve some consideration, and have the inallienable right to protect themselves…just saying…

I may be stating this strongly as I think of the local teenage girl who died at the hands of a drunk driver...illegally in this country...with multiple prior DUI's...who was not deported. In my opinion, illegal alliens who are criminals need to serve their time then "go"...if they come back...life term in a very cost-effective prison system. Not gonna find out if they come back without checking. Sorry but liberty of the many may just require a few innocents to show proof of legality. This is vastly supperior to looking the other way and allowing criminals to hurt the innocent. In my mind this is a huge stretch from ethic profiling/cleansing some are suggesting this law represents. The problem warrents the inforcement of existing laws...which is how I interpret this legislation. If it is abused, then by all means trash the abuser(and I suspect there will be plenty of ACLU types lining up to do just that)...but don't toss out the rights of the legal innocent citizen in our zeal to be politically corrrect and "fair" to "all"...

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

The U.S. Government Accountability Office (GAO), in an Apr. 7, 2005 report to Congress entitled "Information on Criminal Aliens Incarcerated in Federal and State Prisons and Local Jails," informed:

"When the United States incarcerates criminal aliens--noncitizens convicted of crimes while in this country legally or illegally--in federal and state prisons and local jails, the federal government bears much of the costs. It pays to incarcerate criminal aliens in federal prisons and reimburses state and local governments for a portion of their costs of incarcerating some, but not all, criminal aliens illegally in the country through the Department of Justice's State Criminal Alien Assistance Program (SCAAP) managed by the Bureau of Justice Assistance (BJA). Some state and local governments have expressed concerns about the impact that criminal aliens have on already overcrowded prisons and jails and that the federal government reimburses them for only a portion of their costs of incarcerating criminal aliens.

[...] At the federal level, the number of criminal aliens incarcerated increased from about 42,000 at the end of calendar year 2001 to about 49,000 at the end of calendar year 2004--a 15 percent increase. The percentage of all federal prisoners who are criminal aliens has remained the same over the last 3 years--about 27 percent. The majority of criminal aliens incarcerated at the end of calendar year 2004 were identified as citizens of Mexico. We estimate the federal cost of incarcerating criminal aliens--Bureau of Prisons (BOP)'s cost to incarcerate criminals and reimbursements to state and local governments under SCAAP--totaled approximately $5.8 billion for calendar years 2001 through 2004.
"

 

 



Edited by RiverRat50 2010-04-29 6:49 AM


2010-04-29 9:34 AM
in reply to: #2813206

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Modesto, California
Subject: RE: Arizona
I think the solution should be more enforcement and less entitlement. Its about time someone got the ball rolling, I hope they boycott California too, Please!!!!

 I live in California and crime is just as common in middle class neighborhoods as inner cities. I work 12-15 hours a day to provide for my family only to have neighbors that live 20 people to a house,park up and down the street and lawn,paint thier house pink, and flash gang signs because its cool to be a Latin king, or Norteno,MS13,Mexican Mafia. 
2010-04-29 10:45 AM
in reply to: #2813206

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Subject: RE: Arizona

I want to clarify something.  This whole debate about if the cops can stop you for suspicion of being an illegal alien or do they have to stop you for something else first and then, and only then, can they inquire about your status is entirely academic.  In the real world you cannot travel any distance in a car without somehow breaking a law.  There are simply too many laws to comply with all of them.  Think about it, speeding, failure to yield, reckless driving, suspicion of DUI, failure to maintain your lane, failure to signal properly (did you signal the required number of feet before you turned or changed lanes), equipment failure on your car (are your windows tinted too much, are your lights working), failure to look before merging and the list goes on.  If a cop wanted to pull you over they could.  Most of the time they look for meaningful things to stop you for, but if they want to stop you, they can find something to pull you over for that would serve to justify checking your status.  So to say everything is alright because all you have to do is follow the laws and there will be no lawful contact is deluding yourself.  This law allows regular cops to pull people over for being dark skinned.  Now maybe no one else minds that cops could pull people over for the color of their skin, but I mind.  Even if they can easily prove that they are legally allowed to be in the country, it is still a waste of their time and even on that basis alone it's not fair.  I don't want to worry about being pulled over three times between the house and the grocery store because I get dark tans because I workout outdoors all summer.

2010-04-29 11:03 AM
in reply to: #2825479

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Subject: RE: Arizona
MNGopher - 2010-04-29 11:45 AM

I want to clarify something.  This whole debate about if the cops can stop you for suspicion of being an illegal alien or do they have to stop you for something else first and then, and only then, can they inquire about your status is entirely academic.  In the real world you cannot travel any distance in a car without somehow breaking a law.  There are simply too many laws to comply with all of them.  Think about it, speeding, failure to yield, reckless driving, suspicion of DUI, failure to maintain your lane, failure to signal properly (did you signal the required number of feet before you turned or changed lanes), equipment failure on your car (are your windows tinted too much, are your lights working), failure to look before merging and the list goes on.  If a cop wanted to pull you over they could.  Most of the time they look for meaningful things to stop you for, but if they want to stop you, they can find something to pull you over for that would serve to justify checking your status.  So to say everything is alright because all you have to do is follow the laws and there will be no lawful contact is deluding yourself.  This law allows regular cops to pull people over for being dark skinned.  Now maybe no one else minds that cops could pull people over for the color of their skin, but I mind.  Even if they can easily prove that they are legally allowed to be in the country, it is still a waste of their time and even on that basis alone it's not fair.  I don't want to worry about being pulled over three times between the house and the grocery store because I get dark tans because I workout outdoors all summer.



So I guess, according to your reasoning, there are going to be a whole lot of cops pulled over to have their ID checked in AZ.

Edited by trinnas 2010-04-29 11:07 AM
2010-04-29 11:19 AM
in reply to: #2825479

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Subject: RE: Arizona

MNGopher - 2010-04-29 10:45 AM

I want to clarify something.  This whole debate about if the cops can stop you for suspicion of being an illegal alien or do they have to stop you for something else first and then, and only then, can they inquire about your status is entirely academic.  In the real world you cannot travel any distance in a car without somehow breaking a law.  There are simply too many laws to comply with all of them.  Think about it, speeding, failure to yield, reckless driving, suspicion of DUI, failure to maintain your lane, failure to signal properly (did you signal the required number of feet before you turned or changed lanes), equipment failure on your car (are your windows tinted too much, are your lights working), failure to look before merging and the list goes on.  If a cop wanted to pull you over they could.  Most of the time they look for meaningful things to stop you for, but if they want to stop you, they can find something to pull you over for that would serve to justify checking your status.  So to say everything is alright because all you have to do is follow the laws and there will be no lawful contact is deluding yourself.  This law allows regular cops to pull people over for being dark skinned.  Now maybe no one else minds that cops could pull people over for the color of their skin, but I mind.  Even if they can easily prove that they are legally allowed to be in the country, it is still a waste of their time and even on that basis alone it's not fair.  I don't want to worry about being pulled over three times between the house and the grocery store because I get dark tans because I workout outdoors all summer.

Except for the part in the new law that reiterates that profiling is against the law...

2010-04-29 11:42 AM
in reply to: #2825597

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Subject: RE: Arizona
ashort33 - 2010-04-29 10:19 AM

Except for the part in the new law that reiterates that profiling is against the law...



Right, that is in the law.  But I think the problem is with the phrase 'reasonable suspicion'.  The law requires law enforcement to ask for papers if they have a reasonable suspicion someone could be in the country illegally.  But what are the signals that someone is here illegally to raise that reasonable suspicion?  What makes them stick out from someone who is here legally or a citizen?  Even the governor of AZ couldn't answer that, and that I think is what all the fuss is about- it seems like most, if not all of the flags that would arouse 'reasonable suspicion' that someone is here illegally could also be considered racial profiling, and since you can't use racial profiling as a basis for reasonable suspicion, than is the law really going to make a difference at all?

Edited by drewb8 2010-04-29 11:43 AM


2010-04-29 12:13 PM
in reply to: #2825680

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Subject: RE: Arizona
drewb8 - 2010-04-29 12:42 PM
ashort33 - 2010-04-29 10:19 AM

Except for the part in the new law that reiterates that profiling is against the law...



Right, that is in the law.  But I think the problem is with the phrase 'reasonable suspicion'.  The law requires law enforcement to ask for papers if they have a reasonable suspicion someone could be in the country illegally.  But what are the signals that someone is here illegally to raise that reasonable suspicion?  What makes them stick out from someone who is here legally or a citizen?  Even the governor of AZ couldn't answer that, and that I think is what all the fuss is about- it seems like most, if not all of the flags that would arouse 'reasonable suspicion' that someone is here illegally could also be considered racial profiling, and since you can't use racial profiling as a basis for reasonable suspicion, than is the law really going to make a difference at all?


But d?o ?you ?not ?believe that police officers working near a border town, are aware of patterns of behavior which may not be directly illegal, yet reasonably suspicious?  Perhaps a group of men hiding in the back of a truck?  Perhaps a family running across a field in the middle of night?  (just throwing random stuff out there)  I am quite confident that experienced police officers know what they can look for.  The assertion that they will begin checking papers of everyone of Hispanic descent who is walking down the street is simply extreme fallacy IMO.  As this law is written, if an illegal was simply approached on the street, the case would be thrown out without a documented reasonable suspicion.  As I understand it, this is known as the exclusionary rule.

The legal system has a very fine line between the Bill of Rights and terms like "probably cause" and "reasonable suspicion."  None of this is new to anyone and there are a ton of cases to review which prove that there is no way in hell this could be a case of checking all brown people for their papers.  ?


Edited by Pector55 2010-04-29 12:14 PM
2010-04-29 12:16 PM
in reply to: #2813206

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Subject: RE: Arizona
OK.........So here's my perspective and I have not read through all the posts and I have very limited time on my hands right now.

I AM mexican! I think this law is encouraging racial profiling which DOES exist in today's society. Not all police officers do it but some do but this clearly allows police officers to pull over or discuss with anyone who appears to be undocumented. Which I don't know....people I know don't have it tattooed on their face or anything so I guess you'd have to stop and talk with ANYONE who LOOKS mexican to gather more information about their status, which then they can take in or not.

Unfornately, this country has been sending mixed messages to undocumented mexicans for several decades.....its an on-going PUSH/PULL effect that the gov't created. First its okay to have undocumented citizens in the county (early 1900s) its called the Bracero movement, encouraging labor.......then too many undocumented citizens were in issues so in the 1940's the gov't created Operation Wetback.......YUP you read that correct: that's a legit gov't name: anyone who appeared Mexican was shipped to Mexico! So you see this shiznit is NOT new......THOUSANDS of mexicans that WERE citizens were also shipped to mexico without any thought as well.

Now if we want to learn something from history, we should all be aware that this heightened the discrimination against Mexicans during the 40s/50s which snowballed into what is now called the Zoot Suit Riots. Were police officer arrested any mexican that dressed in zoot suits because they were already labeled as non-compliant aggressive people (because they argued the above issue of). And this turned ugly. So why do we want to go there again? I'm basically saying we are beginning a snowball effect that is only going to become more ugly and out of control.

Racial profiling exists and its serious. I have no answers on how to fix it but we are stepping into very scary waters right now.

That is all for now and I can go on and on but I have limited time today.



Edited by aidana 2010-04-29 12:22 PM
2010-04-29 1:08 PM
in reply to: #2825811

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Subject: RE: Arizona
aidana - well said!
2010-04-29 1:09 PM
in reply to: #2818119

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Subject: RE: Arizona

in2deep - 2010-04-26 6:33 PM In that case who cares if all you have to do is show you license. Cop: hey I stopped you because I thought you were here illegally. Me: here is my license Cop: have a nice day people are worried about being stopped for the suspicion of being illegal. To that I say so what stop me all day long if you like. Any harrassment that might go on beyond that could happen with or without this law.

Exactly!! I think they should alow the cops to drive down the streets and ask anyone they see for their papers or liscense.  If you are here legally then you should have nothing to worry about.  Here in Oklahoma they set up road blocks all the time that they make you stop and show your license and insurance.  This is for drunk driver reason as well as making sure everyone is DRIVING legally (proof of insurance).  We have had a rash of people killed in car crashes by illegal aliens who don't have a license or insurance.  Obviously because they are illegal.  If it saves one american CITIZEN'S life I say stop everyone and check everyone!

2010-04-29 1:14 PM
in reply to: #2813206

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Subject: RE: Arizona
Pector55 - 2010-04-29 11:13 AM

But d?o ?you ?not ?believe that police officers working near a border town, are aware of patterns of behavior which may not be directly illegal, yet reasonably suspicious?  Perhaps a group of men hiding in the back of a truck?  Perhaps a family running across a field in the middle of night?  (just throwing random stuff out there)  I am quite confident that experienced police officers know what they can look for.  The assertion that they will begin checking papers of everyone of Hispanic descent who is walking down the street is simply extreme fallacy IMO.  As this law is written, if an illegal was simply approached on the street, the case would be thrown out without a documented reasonable suspicion.  As I understand it, this is known as the exclusionary rule.

The legal system has a very fine line between the Bill of Rights and terms like "probably cause" and "reasonable suspicion."  None of this is new to anyone and there are a ton of cases to review which prove that there is no way in hell this could be a case of checking all brown people for their papers.  ?

But I still don't see what's so different, aren't those already things someone could be stopped for?  Wouldn't those people already be detained even without this new law?  I'm pretty sure the sheriffs don't watch people running across fields away from the border & think 'good on them for getting some exercise' and let them go on their way. 

As far as I can tell it doesn't really change the situations when someone would be legally detained (as long as no profiling is allowed, the people who would be questioned under this law could be questioned under current law anyway), it just shifts the responsibility for it from ICE and the Feds to the state, which seems to me to 1) be a bad deal for the state budget-wise and responsibility-wise and 2) not be an area (ie immigration and border enforeement) that any state should be repsonsible for enforcing.  

I agree that I don't think the cops will start randomly detaining hispanic people walking down the street, but at the same time, to say there is no way this law could possibly be used to justify profiling or that it could never happen under this law seems a bit naive too.   I think it puts cops in a really tough spot.  Enforce it too vigorously and you end up unlawfully detaining people and getting sued.  Enforce it too leniently and you get sued for not enforcing the law.


2010-04-29 1:19 PM
in reply to: #2825987

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Subject: RE: Arizona
drewb8 - 2010-04-29 11:14 AM
Pector55 - 2010-04-29 11:13 AM

But d?o ?you ?not ?believe that police officers working near a border town, are aware of patterns of behavior which may not be directly illegal, yet reasonably suspicious?  Perhaps a group of men hiding in the back of a truck?  Perhaps a family running across a field in the middle of night?  (just throwing random stuff out there)  I am quite confident that experienced police officers know what they can look for.  The assertion that they will begin checking papers of everyone of Hispanic descent who is walking down the street is simply extreme fallacy IMO.  As this law is written, if an illegal was simply approached on the street, the case would be thrown out without a documented reasonable suspicion.  As I understand it, this is known as the exclusionary rule.

The legal system has a very fine line between the Bill of Rights and terms like "probably cause" and "reasonable suspicion."  None of this is new to anyone and there are a ton of cases to review which prove that there is no way in hell this could be a case of checking all brown people for their papers.  ?

But I still don't see what's so different, aren't those already things someone could be stopped for?  Wouldn't those people already be detained even without this new law?  I'm pretty sure the sheriffs don't watch people running across fields away from the border & think 'good on them for getting some exercise' and let them go on their way. 

As far as I can tell it doesn't really change the situations when someone would be legally detained (as long as no profiling is allowed, the people who would be questioned under this law could be questioned under current law anyway), it just shifts the responsibility for it from ICE and the Feds to the state, which seems to me to 1) be a bad deal for the state budget-wise and responsibility-wise and 2) not be an area (ie immigration and border enforeement) that any state should be repsonsible for enforcing.  

I agree that I don't think the cops will start randomly detaining hispanic people walking down the street, but at the same time, to say there is no way this law could possibly be used to justify profiling or that it could never happen under this law seems a bit naive too.   I think it puts cops in a really tough spot.  Enforce it too vigorously and you end up unlawfully detaining people and getting sued.  Enforce it too leniently and you get sued for not enforcing the law.


I think the issue is that the Feds are failing in this regard. What is Arizona supposed to do?
2010-04-29 1:25 PM
in reply to: #2825479

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Subject: RE: Arizona
MNGopher - 2010-04-29 10:45 AM

I want to clarify something.  This whole debate about if the cops can stop you for suspicion of being an illegal alien or do they have to stop you for something else first and then, and only then, can they inquire about your status is entirely academic.  In the real world you cannot travel any distance in a car without somehow breaking a law.  There are simply too many laws to comply with all of them.  Think about it, speeding, failure to yield, reckless driving, suspicion of DUI, failure to maintain your lane, failure to signal properly (did you signal the required number of feet before you turned or changed lanes), equipment failure on your car (are your windows tinted too much, are your lights working), failure to look before merging and the list goes on.  If a cop wanted to pull you over they could.  Most of the time they look for meaningful things to stop you for, but if they want to stop you, they can find something to pull you over for that would serve to justify checking your status.  So to say everything is alright because all you have to do is follow the laws and there will be no lawful contact is deluding yourself.  This law allows regular cops to pull people over for being dark skinned.  Now maybe no one else minds that cops could pull people over for the color of their skin, but I mind.  Even if they can easily prove that they are legally allowed to be in the country, it is still a waste of their time and even on that basis alone it's not fair.  I don't want to worry about being pulled over three times between the house and the grocery store because I get dark tans because I workout outdoors all summer.



Please show me the section of the law that allows this.  I cannot seem to find it  I do find the section that says complaints based principally on race or ethnicity are not acceptable.  I also find the section that refers to Law enforcement must make Lawful contact and have reasonable suspicion. But I don't think that is what you are referring to so please sow me the section authorizing the pulling over of DARK SKINNED people.  If you need help here is a link to the actual law.

http://www.azleg.gov/legtext/49leg/2r/bills/sb1070h.pdf
2010-04-29 1:28 PM
in reply to: #2826009

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Subject: RE: Arizona
uclamatt2007 - 2010-04-29 12:19 PM
drewb8 - 2010-04-29 11:14 AM
Pector55 - 2010-04-29 11:13 AM

But d?o ?you ?not ?believe that police officers working near a border town, are aware of patterns of behavior which may not be directly illegal, yet reasonably suspicious?  Perhaps a group of men hiding in the back of a truck?  Perhaps a family running across a field in the middle of night?  (just throwing random stuff out there)  I am quite confident that experienced police officers know what they can look for.  The assertion that they will begin checking papers of everyone of Hispanic descent who is walking down the street is simply extreme fallacy IMO.  As this law is written, if an illegal was simply approached on the street, the case would be thrown out without a documented reasonable suspicion.  As I understand it, this is known as the exclusionary rule.

The legal system has a very fine line between the Bill of Rights and terms like "probably cause" and "reasonable suspicion."  None of this is new to anyone and there are a ton of cases to review which prove that there is no way in hell this could be a case of checking all brown people for their papers.  ?

But I still don't see what's so different, aren't those already things someone could be stopped for?  Wouldn't those people already be detained even without this new law?  I'm pretty sure the sheriffs don't watch people running across fields away from the border & think 'good on them for getting some exercise' and let them go on their way. 

As far as I can tell it doesn't really change the situations when someone would be legally detained (as long as no profiling is allowed, the people who would be questioned under this law could be questioned under current law anyway), it just shifts the responsibility for it from ICE and the Feds to the state, which seems to me to 1) be a bad deal for the state budget-wise and responsibility-wise and 2) not be an area (ie immigration and border enforeement) that any state should be repsonsible for enforcing.  

I agree that I don't think the cops will start randomly detaining hispanic people walking down the street, but at the same time, to say there is no way this law could possibly be used to justify profiling or that it could never happen under this law seems a bit naive too.   I think it puts cops in a really tough spot.  Enforce it too vigorously and you end up unlawfully detaining people and getting sued.  Enforce it too leniently and you get sued for not enforcing the law.


I think the issue is that the Feds are failing in this regard. What is Arizona supposed to do?

I agree the feds are failing in this regard, so as a mechanism for getting the federal g'ment to get off its arse and getting a dialogue and debate going I think it's a good thing.  We do need some sort of coherent immigration policy reform.  But as far as the actual law goes I think it's a bad idea.  It might scare more illegal immigrants out of AZ or underground, at least for a little while, but overall won't really have much of an effect on things and has the potential for abuse.  So to answer your question, I have no idea what AZ should do.
2010-04-29 1:28 PM
in reply to: #2826041

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Subject: RE: Arizona
CBarnes - 2010-04-29 1:25 PM

MNGopher - 2010-04-29 10:45 AM

I want to clarify something.  This whole debate about if the cops can stop you for suspicion of being an illegal alien or do they have to stop you for something else first and then, and only then, can they inquire about your status is entirely academic.  In the real world you cannot travel any distance in a car without somehow breaking a law.  There are simply too many laws to comply with all of them.  Think about it, speeding, failure to yield, reckless driving, suspicion of DUI, failure to maintain your lane, failure to signal properly (did you signal the required number of feet before you turned or changed lanes), equipment failure on your car (are your windows tinted too much, are your lights working), failure to look before merging and the list goes on.  If a cop wanted to pull you over they could.  Most of the time they look for meaningful things to stop you for, but if they want to stop you, they can find something to pull you over for that would serve to justify checking your status.  So to say everything is alright because all you have to do is follow the laws and there will be no lawful contact is deluding yourself.  This law allows regular cops to pull people over for being dark skinned.  Now maybe no one else minds that cops could pull people over for the color of their skin, but I mind.  Even if they can easily prove that they are legally allowed to be in the country, it is still a waste of their time and even on that basis alone it's not fair.  I don't want to worry about being pulled over three times between the house and the grocery store because I get dark tans because I workout outdoors all summer.



Please show me the section of the law that allows this.  I cannot seem to find it  I do find the section that says complaints based principally on race or ethnicity are not acceptable.  I also find the section that refers to Law enforcement must make Lawful contact and have reasonable suspicion. But I don't think that is what you are referring to so please sow me the section authorizing the pulling over of DARK SKINNED people.  If you need help here is a link to the actual law.

http://www.azleg.gov/legtext/49leg/2r/bills/sb1070h.pdf


Are you saying that racial profiling never happens because it's not in the law books?
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