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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
How is asking someone to show his legal residency status a violation of this amendment? Asking for ID is not a search nor a seizure, so I'd like those who are claiming Fourth Amendment violations to explain their case.
It isn't. Otherwise, millions of law enforcement officers across the United States would be guilty of violating civil rights.
That was my impression as well, but I'm not a constitutional expert. There are many here claiming the AZ law is a violation of the 4th. So far, they've only made assertions. I'd like a reasoned (or legal) argument as to why they think this is so.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
How is asking someone to show his legal residency status a violation of this amendment? Asking for ID is not a search nor a seizure, so I'd like those who are claiming Fourth Amendment violations to explain their case.
Well I'm not an expert on the 4th Amendment. But if I was just driving around town obeying all the laws and speed limit, and an officer randomly stopped me and asked for my ID, I think it would bother me. I would want to know why. Don't know if that violates the 4th but I don't think it would be the right thing to do without just cause.
With any invasion, it is very important to identify the invaders and remove them or eliminate them.
Asking for ID in times of an invasion, is the American thing to do, to keep our nation secure
The problem is, for the last 100 years our nation is teaching our children to not think about America, but to think globally. It has cause unpatriotic chaos among Americans. Many don't care about America, if it doesn't effect them personally.
Well I'm not an expert on the 4th Amendment. But if I was just driving around town obeying all the laws and speed limit, and an officer randomly stopped me and asked for my ID, I think it would bother me. I would want to know why. Don't know if that violates the 4th but I don't think it would be the right thing to do without just cause.
Maybe somebody else would know?
But the AZ bill is NOT saying that. There is no "random" citizenship checks..it's still based on probable cause.
But the AZ bill is NOT saying that. There is no "random" citizenship checks..it's still based on probable cause.
It is most definitely not based on probable cause. I believe the standard in the new statute is "reasonable suspicion" or something like that, which the courts have held is a less stringent standard than probable cause.
I think many people are justifiably concerned that the police will consider brown skin as a reasonable ground for suspicion.
It will require anyone whom police suspect of being in the country illegally to produce "an alien registration document," such as a green card or other proof of citizenship, such as a passport or Arizona driver's license.
So a hispanic person from Colorado goes down to AZ for some purpose, and the polic feel there is "probably cause" to stop this person, say, speaking Spanish with someone. The person has a CO driver's license. Then what?
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