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Originally Posted by Amputate Your Head
Not unless he was involved in some sort of crime or something. Now he'll be questioned simply for being Hispanic and being outside.
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Wrong. They still need probable cause to question people. Did you realize it was already a crime of migrants to be in the US and not have their papers with them?
http://www.nytimes.com/2010/04/29/opinion/29kobach.html
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?Reasonable suspicion? is a meaningless term that will permit police misconduct. Over the past four decades, federal courts have issued hundreds of opinions defining those two words. The Arizona law didn?t invent the concept: Precedents list the factors that can contribute to reasonable suspicion; when several are combined, the ?totality of circumstances? that results may create reasonable suspicion that a crime has been committed.
For example, the Arizona law is most likely to come into play after a traffic stop. A police officer pulls a minivan over for speeding. A dozen passengers are crammed in. None has identification. The highway is a known alien-smuggling corridor. The driver is acting evasively. Those factors combine to create reasonable suspicion that the occupants are not in the country legally.
The law will allow police to engage in racial profiling. Actually, Section 2 provides that a law enforcement official ?may not solely consider race, color or national origin? in making any stops or determining immigration status. In addition, all normal Fourth Amendment protections against profiling will continue to apply. In fact, the Arizona law actually reduces the likelihood of race-based harassment by compelling police officers to contact the federal government as soon as is practicable when they suspect a person is an illegal alien, as opposed to letting them make arrests on their own assessment.
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