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simple....if a cop stops you for a traffic violation, he will ask you for 3 things:
1) a valid D.L. of you (not a fake one)
2) Proof of Insurance
3) Vehicle registration.
if you don't have either of those 3, especially #1, the cop has every right to detain you to find out your real Identity and why you don't have one and if are wanted or have a criminal record.
a person who entered the U.S. legally will have proper I.D. even if he overstayed his visa and he has to have it with him at all times.
A legal person will be in the system, an illegal who crossed the border won't.
This is a state issue and it sounds like you are claiming that all states handle this issue the same way and they don't. I don't know of a single state where you can be booked for not having proof of insurance or your vehicle registration in your car, but if you know of one please name it.
Some states allow a person without a valid drivers license in their possession to be booked into jail, Arizona is one of those states, so without a valid DL you could be booked into jail. At that point the jail can call ICE which will laugh out loud because they don't have enough people to dispatch them to every jail 24/7 to interview everyone who is arrested without a driver's license. So unless ICE can develop probable cause to issue a detainer the individual is immediately eligible to post bail.
Not having ones immigration papers with them is not grounds for local law enforcement to arrest you period. An ICE agent could arrest you for not having your papers but a local cop can't unless the particular officer making the arrest is part of a 287g agreement and has been trained in immigration law by the feds.
And just being in the country without legal authorization unless you were previously removed for an immigration violation isn't even a crime, it's a civil violation. And you can't assume that because someone is in the country without authorization that their entry into the country was done in violation of the law.
one more time, if the Sheriff committed felony crimes, why not charge him and have a trial by jury?
Contempt of court is a misdemeanor NOT a felony.
If I rape you and kill you and all the court can charge me with is contempt of court which is a misdemeanor, not a felony, then the court didn't have much of case against me, to begin with.
For some reason the abuse in jails is seen as a civil rights matter, not a criminal one. And Arpaio was hit with many many civil rights violations, thus forcing the country to settle cases for millions of dollars.
My understanding is that if inmates die from abuse or neglect while in jail, that usually wrongful death charges can be brought against the County or entity running the jail. Very rarely are there charges against individual jailors or corrections officers, even if their behavior was atrocious, because they are seen as operating as part of a system, and thus are protected to a certain extent.
Nonetheless, someone who was here legally was detained, and that someone sued. Arpaio wasn't following the law when he detained people who were legally here, but he didn't care about the law. All Arpaio cared about was Arpaio's agenda. That's not a good thing for someone in a position of power.
Agreed, but still the people screaming that he was found guilty of violating peoples constitutional rights do not understand what he was found guilty of. And that's my only point. Arpaio was guilty. But he was pardoned legally. And he very likely would not have even been found guilty had the judge granted him a jury trial as requested. Makes you wonder what the judge was afraid of there. Would the issue of the correctness of a presidential pardon even be happening if the judge had allowed a jury trial? I seriously doubt it. And I think the judge realized this.
In the end, he was guilty of a misdemeanor, he got pardoned for a misdemeanor. If I actually lost sleep over these sort of things, I would lose a lot more sleep wondering about pardoning terrorists, armed robbers, drug dealers, and traitors who committed serious felonies.
And just being in the country without legal authorization unless you were previously removed for an immigration violation isn't even a crime, it's a civil violation. And you can't assume that because someone is in the country without authorization that their entry into the country was done in violation of the law.
You are wrong here. Title 8 of the US code makes it a crime punishable by fine, imprisonment, or both, for a non citizen who
* enters or attempts to enter the US except through legal immigration points manned by immigration agents
* eludes examination or inspection by immigration agents
* enters or attempts to enter the US by false representation (ie, fake passport)
It is not a crime for immigrants who entered legally to overstay their legal allotment. that is a civil matter. It is illegal for anyone who entered the country without authorization to be in the country.
this was a civil disobedience.....that's why it's a misdemeanor (civil) , not a felony, that's why he was not given a trial by jury. If the Obama administration had a case they would have charge him and giving him a trial by jury but that wasn't their intent.
MLK and the Civil Rights movement disobeyed the law, courts and the police orders many times, it was a civil disobedience.
Trump and many believe the charges against him was political by the Obama administration. Obama's justice department charged him weeks before the election in Arizona making this so obvious.
More than one court ruled against him. What he did does not take someone brilliant in law to understand why it is wrong either. You can not stop someone just because they are brown.
You are wrong here. Title 8 of the US code makes it a crime punishable by fine, imprisonment, or both, for a non citizen who
* enters or attempts to enter the US except through legal immigration points manned by immigration agents
* eludes examination or inspection by immigration agents
* enters or attempts to enter the US by false representation (ie, fake passport)
It is not a crime for immigrants who entered legally to overstay their legal allotment. that is a civil matter. It is illegal for anyone who entered the country without authorization to be in the country.
Mere presence in the country is still a civil violation only. An undocumented person's presence in Maricopa County is not a crime, even if they crossed the border illegally.
he wasn't convicted of violating the constitutional rights of anybody......if he violated a constitutional violation then charge him and have a trial by jury.
either you have a case or you don't......if his alleged violations were so serious then have a trial by a jury.......the burden of proof is on the federal government not on the defendent.
Try again!
The state has paid out millions because of his violations of the rights of the people. It is unfortunate that we do not directly sue the one violating the rights of others generally when speaking about law enforcement. I would love to see us change that.
stop and frisk was done in New York, a very liberal state....it was supported by Mayor Bloomberg who is very left now. Many argue it brought crime down in NYC and saved many lives especially minorities.
Trump saying he favors stop and frisk in high crime areas like Chicago, D.C. and Baltimore which is a killing zone it doesn't mean he will implement that in every state and city because it's up to the state and locals to implement that depending on the situation on the ground.
get a clue.
Stop and Frisk was dumped in NYC because it violated people's rights.
Mere presence in the country is still a civil violation only. An undocumented person's presence in Maricopa County is not a crime, even if they crossed the border illegally.
Not if the presence is illegal. You don't get imprisoned for civil violations. Think on that a minute.
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