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Old 05-25-2010, 02:00 PM
 
1,038 posts, read 1,035,979 times
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Quote:
Originally Posted by flycessna View Post
Like I said In my previous post.. probable cause is the standard that is met when an officer makes an arrest for a crime.. reasonable suspecion is the standard met for an officer to stop and investigate a crime..

At this point officer's can stop and investigate the suspecion of j-walking but not illegal immigrant status..

But this law has teeth because previously many cities and states have been restricting law enforcement from taking any kind of action.. this says that in AZ law enforcement has to take action but it still restricts the standards that need to be met when compared to other laws.
What is reasonable suspicion someone is an illegal immigrant???
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Old 05-25-2010, 02:02 PM
 
10,543 posts, read 11,729,338 times
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Quote:
Originally Posted by Holdencaulfield View Post
What is probable cause for being an illegal immigrant? Do tell. The probable cause for being an illegal immigrant, barring racial profiling, is so small, that if implemented correctly, this law would be ineffective.
There is a good chance that it could be ineffective. It really limits the police and sets a low standard for proof.

Anyway, I would consider the following as possible contributors to probable cause, particularly if more than one is present:

1. Fleeing from police
2. Having no ID
3. Having 5 ID's
4. Not speaking any English
5. Driving an unlicensed vehicle
6. Driving a stolen vehicle
7. Driving a moving truck with 50 people crammed into the back
8. Not being able to provide an address
9. Not being able to provide any information that comes up on the police computer system in their cars under the name you provide.
10. Not being able to provide a cohesive response if asked about employment

Before you respond, I will say that these do not prove illegal status, and they may not necessarily differentiate illegal status from other types of possible crimes. However, neither of those are the standard for the establishment of probable cause.
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Old 05-25-2010, 02:10 PM
 
Location: South Portland, Maine
2,356 posts, read 4,953,033 times
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Quote:
Originally Posted by Holdencaulfield View Post
What is reasonable suspicion someone is an illegal immigrant???
Reasonable suspecion is if you suspect someone is committing a crime and it gives you the right to stop and detain someone to investigate if you have probable cause to make an arrest for a crime..

however it cant be used to stop illegal Immigrants, this law says that basically officer has to have probable cause. Or they can have reasonable suspecion but only after a stop has already been made for reasonable suspecion based on another law.

so you see that where an officer can stop and detain someone for every other crime in the book under reasonable suspecion, they cannot with respect to illegal immigration

If your asking if "being an Illegal Immigrant" is reasonable suspecion then thats confusing.. Officers who are trained and have experience working those areas of the country can probably articulate much better then me what they witnessed that made them believe that the person they were dealing with was also here Illegally.. usually it is a combination of factors.

Last edited by flycessna; 05-25-2010 at 02:44 PM..
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