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I did a fast run through of the bill and I could not find where the officers are allowed to stop you on the street and ask you your immigrant status without probable cause. The law did include:
If you are stopped and produce a drivers license then you have shown proper ID (according to reports this type of ID would be enough to prove residency). Now if you are stopped while driving and have no ID, you have already broke the law by not having any ID and this allows the officer to investigate further.
Now other scenarios will have to be worked out on how not to violate the cilvil rights, but my guess it would include only persons who have been stpped for committing or suspecting of committing other crimes.
Just this week, as I posted earlier in this thread, a truck driver at a weigh station in Arizona produced his commercial truck license and other identification. He was still arrested. He was detained until his wife was able to get his birth certificate to were he was being held. He hadn't broken any law, nor was he charged with breaking any law. This was before the current law was signed. I can't see how this would be any better now.
Just this week, as I posted earlier in this thread, a truck driver at a weigh station in Arizona produced his commercial truck license and other identification. He was still arrested. He was detained until his wife was able to get his birth certificate to were he was being held. He hadn't broken any law, nor was he charged with breaking any law. This was before the current law was signed. I can't see how this would be any better now.
I still say you can better identify yourself with a mirror than with a birth certificate.
How many birth certificates will show tattoos, and correct hair color, by comparison.
Should the wife also be required to use a mirror to be a credible witness?
Wouldn't she need a marriage license, with wedding pictures of her and her husband's birth certificates?
Trust, but verify, that's what Reagan always said.
I always like to keep the phone number of my attending physician handy, just in case I ever need a qualified eye witness account of my birth.
You are not required to answer any questions or identify yourself (if you are not operating a vehicle) during a Terry stop. A Terry stop merely allows an officer to conduct a pat down for their own safety. Furthermore, they can only advance beyond a basic pat down if they feel something that could be a knife or gun (i.e. even if they feel a baggy they can not search your pocket visibly because the baggy could not be a weapon). In this sense, Terry - even if the law was specific enough - wouldn't constitutionally justify a stop with the intent to require documents from a person or any search beyond a safety pat down.
Incorrect.
Quote:
A. It is unlawful for a person, after being advised that the person's refusal to answer is unlawful, to fail or refuse to state the person's true full name on request of a peace officer who has lawfully detained the person based on reasonable suspicion that the person has committed, is committing or is about to commit a crime. A person detained under this section shall state the person's true full name, but shall not be compelled to answer any other inquiry of a peace officer.
B. A person who violates this section is guilty of a class 2 misdemeanor.
Source: Arizona Statute 13-2412 - Refusing to provide truthful name when lawfully detained; classification
In Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), the Supreme Court held that such laws did not violate the 4th Amendment prohibition on unreasonable searches and seizures or the 5th Amendment privilege against self-incrimination.
Does this apply to criminals and law breakers - cause that's what these people are.
To people with blinders on, of course it does. If crimes are being committed by criminals of specific description, then the blinders crowd who cry and wail, if the police stopped to question anyone who fits the descriptions of those criminals.
Just watch - now we will have a bunch of fat good ole boys running around as "militias" to round up hispanics and bring them in.
And since everyone in Arizona already is packing we are going to have a lot of dead people pretty soon.
Geezus. I never thought of that.
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