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Now a chief deputy from AZ just told Chris Matthews that the only time they can stop someone

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jenmito Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-27-10 05:46 PM
Original message
Now a chief deputy from AZ just told Chris Matthews that the only time they can stop someone
is if they're doing something wrong ALREADY-like speeding. Chris didn't even question him on that-he just took it from "what happens from there." Chris missed the whole reason the law is un-Constitutional-that someone can be stopped for "reasonable suspicion" which can be ANYTHING-not only breaking the law. :eyes:
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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-27-10 05:48 PM
Response to Original message
1. Also, even if they show a drivers license, they can still be sent to
Edited on Tue Apr-27-10 05:52 PM by babylonsister
an ICE facility. Exhibit A-this guy had to send his wife to get his birth certificate:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=385&topic_id=459104&mesg_id=459104
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jenmito Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-27-10 05:56 PM
Response to Reply #1
2. Jeez-so this guy even lied about THAT! HE said that showing a driver's license
would be enough to "send him on his way." Yeah, right.
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O is 44 Donating Member (740 posts) Send PM | Profile | Ignore Tue Apr-27-10 06:06 PM
Response to Original message
3. If that is the case then why the need for a new law? Cops
already stop people who speed. I hate it when these talking heads let the stupidest arguments slide by with out further questioning. This is the main reason the propaganda machine rolls on without interruption. Sheesh
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jenmito Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-27-10 06:35 PM
Response to Reply #3
4. Good question which Chris should've asked. "Hardball"? Not always.
And the guy even SAID they're just following laws already on the books. He got NO questions about that.
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harkadog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-27-10 07:48 PM
Response to Reply #3
7. The law is an enforcement law not a policy making law.
The law allows state and local law enforcement to enforce federal laws already on the books. The law doesn't bring in new legal standards. Everything in the AZ law is already in federal laws.
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jenmito Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-27-10 09:15 PM
Response to Reply #7
9. "Arizona's Immigration Law Likely Doomed in Court"
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ashling Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-27-10 07:17 PM
Response to Original message
5. That is what I had heard previously
and it sounded like a pretty reasonable interpretation. So I read the text of the bill the other day to clear this up....and, BTW, like many here who also read the bill and already posted their impression of this, I, too, am a lawyer ...

I can see how someone could make this interpretation - if they read, maybe the first couple of pages. However, the bill makes "trespassing" a state crime. Under the law, "trespassing" consists of being on private or public property in Arizona. Since all property is either a) private, or b) public, that means anywhere in the state.

So, in addition to things like speeding, turning the wrong way onto a one way street, wreckless driving, etc., etc., for which they can be legally stopped, add one more: being there

I once got a ticket in Va for not wearing my seat belt. This was just after the law went into place, and for the first few monts it had the requirement that in order to be ticketed for speeding, there had to be "reasonable suspicion" that you had violated some other crime. The cop contended that I had stopped beyond the line at a stop sign.

My contention was that if he had actually had reasonable suspicion that I had violated some other law, then he should have ticketed me for that too. He didn't. Why, because I hadn't violated any law.

But that didn't stop him.



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harkadog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-27-10 07:45 PM
Response to Original message
6. Reasonable suspicion is not un-Constitutional.
It has been the legal standard in the U.S. since Terry v. Ohio (1968) and no serious legal scholars have questioned it.
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jenmito Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-27-10 09:00 PM
Response to Reply #6
8. Really? So what IS reasonable suspicion? And many serious legal scholars have
questioned it. Is reasonable suspicion the kind of shoes you wear like one Repub. said?
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harkadog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-27-10 10:17 PM
Response to Reply #8
10. I would guess the one Repub. is not in law enforcement.
Officers are trained in the subject and there are very few legal challenges in the courts to the standard. (Admittedly most people affected by reasonable suspicion stops don't have the money to file challenges and public defenders have too few resources to go on legal crusades).
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jenmito Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-28-10 12:10 PM
Response to Reply #10
14. I posted a link to an article saying why it's most likely UNconstitutional. As others have
posted, reasonable suspicion of a CRIME is a lot different than reasonable suspicion of being an undocumented worker.
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harkadog Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-28-10 06:01 PM
Response to Reply #14
15. Our candidate for governor in Arizona
Terry Goddard wants to make being an undocumented worker a felony. It will sure be a crime then.
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awoke_in_2003 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-28-10 11:58 PM
Response to Reply #8
18. because, if their skin is brown...
that is reasonable suspicion :sarcasm: (just in case)
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-27-10 10:55 PM
Response to Reply #6
11. Reasonable suspicion that a crime might be
about to or has been committed, is a lot different than suspecting whether or not someone 'looks like an American'. Is it a crime not to 'look like an American'? And how do you decide who does and does not 'look like an American'? This leaves cops in charge of deciding that momentous question. And if a citizen who does not 'look like an American' is stopped and produces his ID, that won't help. He will have to produce his birth certificate which most people do not carry around with them. So, he will be detained until someone can go find it for him.

If a cop thinks that people who look like foreigners, dark-skinned eg, don't look like Americans, he is now ordered to stop and detain them until they prove him wrong.

This is why this law is un-Constitutional. This is why it is being called the 'papers please' law.

The laws already on the books cover the 'reasonable suspicion' problem. This law goes way beyond that.
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Zynx Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-27-10 11:01 PM
Response to Reply #6
12. Reasonable suspicion of being an illegal immigrant implicitly targets certain racial groups.
This is different than reasonable suspicion of being drunk.
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Empowerer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-27-10 11:20 PM
Response to Original message
13. That was already the law - if what he claims is true, why did they need the new law? n/t
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-28-10 06:05 PM
Response to Original message
16. That's how it reads
I read it and got the impression you had to be stopped for something you could be stopped for anyway. But then they have to check your immigration status. So if you are stopped and can't produce a driver's license, you must be an undocumented alien. An undocumented alien who drives is driving without a license, an infraction anyway.

It would be so expensive to enforce this law. People who could be let go with a ticket to pay end up detained. Which could include legal and citizens who don't have a driver's license. And any white person who doesn't have the DL on them ought to be detained as well, I wonder if that will happen. :sarcasm:



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awoke_in_2003 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-28-10 11:56 PM
Response to Original message
17. well, we all know what DWB means...
I guess we have a new one- SWB (speeding while brown). This law is nothing but xenophobic bullshit.
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