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Erica
LIF Adult
Member since 5/05 11767 total posts
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Re: Arizona Law SB1070
Posted by munchkinfacemama
And this does not permit a law enforcement officer to just approach an innocent person on the street and ask for ID. This is similar to a car search without a warrant from my understanding-if you have a lawful reason to stop a person, you have a right to ask them for their documentation, just as you have the right to search their vehicle if they have probable cause to believe there is something illegal and dangerous in there. So from my understanding, this would not mean an illegal has to worry about walking the street, but they cannot drive a car or commit a crime.
But it is not probable cause - it's reasonable cause. This change of words opens up interpretation. That is the danger of the law IMO.
Car searches can be done without a warrant, b/c driving a car is a privilge, not a constitutional right.
Living, according to the Declaration of Independence, is an unalienable right. The Bill of Rights attempts to protect it on a constitutional level. This law, IMHO, is in opposition of the 4th amendment which protects our papers.
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Posted 5/6/10 7:45 PM  |
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brownie
Baby #1 is here!
Member since 11/08 13903 total posts
Name:
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Re: Arizona Law SB1070
Posted by Erica
Posted by munchkinfacemama
And this does not permit a law enforcement officer to just approach an innocent person on the street and ask for ID. This is similar to a car search without a warrant from my understanding-if you have a lawful reason to stop a person, you have a right to ask them for their documentation, just as you have the right to search their vehicle if they have probable cause to believe there is something illegal and dangerous in there. So from my understanding, this would not mean an illegal has to worry about walking the street, but they cannot drive a car or commit a crime.
But it is not probable cause - it's reasonable cause. This change of words opens up interpretation. That is the danger of the law IMO.
Car searches can be done without a warrant, b/c driving a car is a privilge, not a constitutional right.
Living, according to the Declaration of Independence, is an unalienable right. The Bill of Rights attempts to protect it on a constitutional level. This law, IMHO, is in opposition of the 4th amendment which protects our papers.
Exactly! Those words can be loosely interpreted, then put into the hands of local cops and we have a slippery slope!  Like I stated before, I am NOT for doing nothing about the illegal population here, but I am AGAINST this law---it will only create more of a divide between people.
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| Posted 5/6/10 8:48 PM |
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Re: Arizona Law SB1070
Posted by Erica
Posted by munchkinfacemama
And this does not permit a law enforcement officer to just approach an innocent person on the street and ask for ID. This is similar to a car search without a warrant from my understanding-if you have a lawful reason to stop a person, you have a right to ask them for their documentation, just as you have the right to search their vehicle if they have probable cause to believe there is something illegal and dangerous in there. So from my understanding, this would not mean an illegal has to worry about walking the street, but they cannot drive a car or commit a crime.
But it is not probable cause - it's reasonable cause. This change of words opens up interpretation. That is the danger of the law IMO.
Car searches can be done without a warrant, b/c driving a car is a privilge, not a constitutional right.
Living, according to the Declaration of Independence, is an unalienable right. The Bill of Rights attempts to protect it on a constitutional level. This law, IMHO, is in opposition of the 4th amendment which protects our papers.
I stand corrected on the level of scrutiny, but I must point out that the protections of the Constitution do not protect non-citizens. I don't think that is what you are implying, but I just wanted to throw that out there.
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| Posted 5/6/10 9:03 PM |
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Erica
LIF Adult
Member since 5/05 11767 total posts
Name:
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Re: Arizona Law SB1070
Right, I'm talking about this strictly for protection of civil rights. It screams 1984 all over it.
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| Posted 5/6/10 11:47 PM |
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