The AZ immigration law is far, far more restrictive with regard to the circumstances under which police officers can question legal status than the Federal law. Under Fed law, as approved 9-0 by the SCOTUS, the police can pretty much ask anyone, at any time, for their "papers." No probable cause or reasonable suspicion needed.
AZ law requires (1) reasonable suspicion to make a valid stop of the person for a violation of law other than the immigration law, and (2) separate reasonable suspicion that the person is illegal. That suspicion cannot be based on the person's race.
See Mueller v. Mena, and other cases...
The Supreme Court has "held repeatedly that mere police questioning does not constitute a seizure" in violation of the Fourth Amendment.
Florida v. Bostick, 501 U.S. 429, 434 (1991); see also INS v. Delgado, 466 U.S. 210, 212 (1984).
"Even when officers have no basis for suspecting a particular individual, they may generally ask questions of that individual; ask to examine the individual's identification; and request consent to search his or her luggage." Bostick, at 434—435.
As stated in previous posts, California has a similar law. As does New York.
The Left are nothing but lying scum on the Arizona Immigration Law. Every person who continues to support Obama, Holder, Napolitano, et al on this issue is an idiot.
And, with the burden of illegals causing the bankruptcy and closing of hospitals, the overburdening of our educational system and our prison system, and welfare costs, and the costs incurred as a result of crimes committed by illegals, and the murders of our police officers and citizens by illegals, and the mounting evidence of Islamic Extremists getting into the country via Mexico, it is treason to fail to use every reasonable effort to close down and enforce our borders.
Last edited by ipscshooter; 05-21-2010 at 06:44 AM.
Location: land of the Lilliputians, In the state of insanity
Posts: 24,186
Why would this Administration know or understand the Fed. laws. They think they can just make them up as they go. This is what you get America, when you vote in a bunch of clowns who govern though what the media tells them.
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kaafir mushrik
Unintended consequences and God have one thing in common: Liberals don’t believe in either of them.
More Immigration/Identification Info...
