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Old 05-27-2011, 12:39 PM
 
Location: Jacurutu
5,299 posts, read 4,847,096 times
Reputation: 603

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Let's get a little more specific:

The topic title suggest that any law enforcement officer be given this ability. Do they ask for a declaration of citizenship/status, or require proof? What happens if I remain silent? Or that I state a status that I cannot at that moment prove?

Is the officer allowed to arrest me if they don't believe my status, or I do not answer them? What are the charges? How do all the separate law enforcement agencies universally gain this enforcement to equally apply it?

 
Old 05-27-2011, 02:00 PM
 
Location: San Diego
50,276 posts, read 47,032,885 times
Reputation: 34063
Quote:
Originally Posted by IBMMuseum View Post
Let's get a little more specific:

The topic title suggest that any law enforcement officer be given this ability. Do they ask for a declaration of citizenship/status, or require proof? What happens if I remain silent? Or that I state a status that I cannot at that moment prove?


You can and probably will be held until they can prove your identity. I don't think it wise that you attempt this.

Is the officer allowed to arrest me if they don't believe my status, or I do not answer them? What are the charges? How do all the separate law enforcement agencies universally gain this enforcement to equally apply it?
I believe that they can haul you in for not identifying yourself. If they can't run your information and get a match you can be kept until they are able to identify you.
 
Old 05-27-2011, 04:47 PM
 
Location: Jacurutu
5,299 posts, read 4,847,096 times
Reputation: 603
Quote:
Originally Posted by 1AngryTaxPayer View Post
I believe that they can haul you in for not identifying yourself. If they can't run your information and get a match you can be kept until they are able to identify you.
Identity laws vary state to state, and can depend on what you are doing (driving, walking down the street, etc.). I'm also not saying a refusal to identify myself, but not declaring my citizenship status. There is no law currently being enforced anywhere within the boundaries of the United States that requires a U.S. citizen to state or prove their citizenship.

What are they going to match me to? The burden of proof is on the detainee to have family or someone else bring in documentation of their status. Previous wrongful deportations of U.S. citizens (there is some real whoppers in there) had an allocated time pass, before they removed the person.
 
Old 05-27-2011, 04:57 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,200,574 times
Reputation: 2661
It actually is reasonably settled law.

An individual must state their name. No other response can be required.

Settled in the US Supreme Court Case of

Hiibel v. Sixth Judicial Circuit of Nevada

If driving different rules. But not if you are a passenger. You are still however required only to produce a driver's license and insurance proof if required.

It is called the Constitution folks...the Constitution..

Any other information requires probable cause.
 
Old 05-27-2011, 04:59 PM
 
11,531 posts, read 10,289,340 times
Reputation: 3580
Quote:
Originally Posted by olecapt View Post
It actually is reasonably settled law.

An individual must state their name. No other response can be required.

Settled in the US Supreme Court Case of

Hiibel v. Sixth Judicial Circuit of Nevada

If driving different rules. But not if you are a passenger. You are still however required only to produce a driver's license and insurance proof if required.

It is called the Constitution folks...the Constitution..

Any other information requires probable cause.
Perhaps we need to get rid of the 4th amendment of the Constitution.
 
Old 05-27-2011, 05:10 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,200,574 times
Reputation: 2661
Quote:
Originally Posted by Savoir Faire View Post
Perhaps we need to get rid of the 4th amendment of the Constitution.
Go for it...have fun...
 
Old 05-27-2011, 09:59 PM
 
Location: Tempe, Az
1,421 posts, read 1,490,961 times
Reputation: 411
Quote:
Originally Posted by olecapt View Post
It actually is reasonably settled law.

An individual must state their name. No other response can be required.

Settled in the US Supreme Court Case of

Hiibel v. Sixth Judicial Circuit of Nevada

If driving different rules. But not if you are a passenger. You are still however required only to produce a driver's license and insurance proof if required.

It is called the Constitution folks...the Constitution..

Any other information requires probable cause.
Probable cause changes depending on situations.
 
Old 05-28-2011, 01:55 AM
 
Location: Jacurutu
5,299 posts, read 4,847,096 times
Reputation: 603
Quote:
Originally Posted by ErikCortez View Post
Probable cause changes depending on situations.
Equal Protection Under the Law...

Find out what it means...
 
Old 05-28-2011, 07:03 AM
 
Location: Maryland
15,171 posts, read 18,560,802 times
Reputation: 3044
Police should have the right to question legal status during ANY criminal investigation, or when they have probable cause to suspect illegal status, such as, groups of “day laborers” in Home Depot parking lots, or other sites frequented by illegal aliens. After all, it is still against the law for foreigners to be in this country without authorization.

What I find particularly disconcerting, is the fact that stores have been known to call police when 3 or 4 black men have solicited outside home improvement stores. I have witnessed it myself. Unlike others, their presence is menacing, and businesses are afraid they will lose customers. Yet, it is discriminatory and racist for police to “harass” 30 or more Mexicans, Guatemalans, etc. who congregate in parking lots, hang trash bags from trees, sit on crates, and have a jolly good time while waiting to be picked up.

The black men are “loitering” and creating a public nuisance -- whereas Hispanics are simply seeking work to feed their families.
 
Old 05-28-2011, 08:00 AM
 
Location: The land where cats rule
10,908 posts, read 9,554,399 times
Reputation: 3602
[quote=IBMMuseum;19340038]
Quote:
Identity laws vary state to state, and can depend on what you are doing (driving, walking down the street, etc.). I'm also not saying a refusal to identify myself, but not declaring my citizenship status. There is no law currently being enforced anywhere within the boundaries of the United States that requires a U.S. citizen to state or prove their citizenship
Perhaps that, and those few that believe as you do, is what is causing the problem. Along with a lack of enforcement of existing laws having to prove your legal status when stopped would certainly identify the number of illegals and aid in their deportation.

Quote:
What are they going to match me to? The burden of proof is on the detainee to have family or someone else bring in documentation of their status. Previous wrongful deportations of U.S. citizens (there is some real whoppers in there) had an allocated time pass, before they removed the person.
If you are so concerned, you would carry identification that they would match you to. Instead, you seem to be saying that you would go out of your way to cause a problem so that you could complain about it.

Not really a supporter of any law, are you.
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