Bill that allows police to question citizenship approved by (Arizona) Senate (illegal, prison)
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The Fourth Amendment prohibits unreasonable searches and seizures and its protections extended to brief investigatory stops of persons or vehicle falling short of arrest. A reasonable suspicion determination is made by the totality of the circumstances of each case to see whether the detaining officer had a particularized and objective basis for suspecting legal wrongdoing. Past cases have recognized reasonable suspicion was a somewhat abstract notion – a deliberate intent to avoid a neat set of legal rules. Rather than viewing incidents in isolation, the proper test is to look at factors as a whole to determine if there is reasonable suspicion.
A police officer can conduct an investigative stop and briefly detain and question a person for investigative purposes when the officer has a reasonable suspicion supported by articulable facts. Subsequent to a valid Terry stop, a police officer can search the individual for weapons where the officer has reason to believe the person is armed and dangerous. In assessing whether the suspect is armed, the officer doesn’t have to be absolutely certain; the issue is whether a reasonably prudent person in the circumstances would be warranted in the belief that his safety or that of others was in danger.
So is being a Mexican, riding a bike down a Tempe street an articulable fact?
Personally, I think this law will backfire if passed.
Perhaps. Especially if a bunch of desperate 'dead enders' try to incite riots------------the hammer will fall even harder on illegal aliens everywhere here in the USA.
So is being a Mexican, riding a bike down a Tempe street an articulable fact?
If said 'Mexican' is minding his own business; he should be safe. If he is driving a pickup/SUV blaring Mariachi music----------that would be probable cause right there for 'contact' by LE.
"I'm Puerto Rican. I was born in Chicago, and my family has been U.S. citizens for generations," Gutierrez said. "But look at my face, listen to my voice. I'd probably get picked up in Arizona and questioned. Is that what we want in America?
So is being a Mexican, riding a bike down a Tempe street an articulable fact?
I will just trust that this law's enforcement criteria does not violate any other laws....thus the term "probable suspicion". Probable suspicion is what is used by LE now to interrogate a probable/possible criminal. Why is this any different?
"I'm Puerto Rican. I was born in Chicago, and my family has been U.S. citizens for generations," Gutierrez said. "But look at my face, listen to my voice. I'd probably get picked up in Arizona and questioned. Is that what we want in America"?
Not unless there was probable suspicion that you are in the country illegally, Mr. Gutierrez. And you would be first asked for valid I.D. and when you provided it (of which I am sure you could) you would be sent on your merry way and not "picked up". Nice try but no cigar, race baiter.
"I'm Puerto Rican. I was born in Chicago, and my family has been U.S. citizens for generations," Gutierrez said. "But look at my face, listen to my voice. I'd probably get picked up in Arizona and questioned. Is that what we want in America"?
Not unless there was probable suspicion that you are in the country illegally, Mr. Gutierrez. And you would be first asked for valid I.D. and when you provided it (of which I am sure you could) you would be sent on your merry way and not "picked up". Nice try but no cigar, race baiter.
I swear that certain Latino 'race pimps' have a pathological desire to stay in the gutter (bottom rung of American society)----------and, keep other Hispanics there with them.
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