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There is no capability to stop and question anyone except for an articuable suspicion a crime has occurred or is about to. And then an officer has the rights to demand only the persons name. There is no ability for a police officer to demand documents or information about legal status. The officer can ask but the person is not under any duty to answer. The officer can of course make an illegal arrest...but he can always do that. Just so long as the jurisdiction is willing to pay the cost for an illegal arrest.
Any such arrest is a violation of the 4th amendment and possibly the 5th..
I'm waiting for cheesecake to respond
And no. If the feds give police immigration powers and they are stopped for an offense have no license no ID if there is suspicion they are illegal they can go that route
And no. If the feds give police immigration powers and they are stopped for an offense have no license no ID if there is suspicion they are illegal they can go that route
No they can't. There is absolutely no way to determine this and the courts have already ruled against it. I DO NOT as a citizen have to carry I.D. on me. It must be assumed everyone is a citizen.
Besides at best this would catch an inconsequential number of people.
And no. If the feds give police immigration powers and they are stopped for an offense have no license no ID if there is suspicion they are illegal they can go that route
A driver can be stopped for a traffic offense. But outside of the border area the immigration officer has no authority to stop a car. But the cop has no right to question anyone other than a driver. And in CA the driver likely has a license.
And yes a police officer can be deputized by the immigration people. But that requires an agreement with the police force and generally some payment to the force for the increased duty. No police force should agree to taking on federal law enforcement without payment. We have more than enough for our police without taking on federal "hobby" projects.
No they can't. There is absolutely no way to determine this and the courts have already ruled against it. I DO NOT as a citizen have to carry I.D. on me. It must be assumed everyone is a citizen.
Besides at best this would catch an inconsequential number of people.
If You are stopped for an offense and don't come up in the system you're getting hauled in
A driver can be stopped for a traffic offense. But outside of the border area the immigration officer has no authority to stop a car. But the cop has no right to question anyone other than a driver. And in CA the driver likely has a license.
And yes a police officer can be deputized by the immigration people. But that requires an agreement with the police force and generally some payment to the force for the increased duty. No police force should agree to taking on federal law enforcement without payment. We have more than enough for our police without taking on federal "hobby" projects.
Unidentified law breakers go to jail even for a misdemeanor traffic offense
They are not unidentified. In CA they have drivers licenses and if not can tell you who they are.
You may be able to hold someone on a traffic offense but I doubt it. And you will not get ICE to pick them up. So you are lousing someone's life up just for the heck of it? Makes you feel good or something?
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