Wakko wrote:Probably cause?
Reasonable suspicion?
You can obstruct by not providing information
Oh, I am all for gathering identifying information when someone is suspected of a crime. However, if the suspicion is that they may be illegals (ie seeing a group of Hispanic people loitering on a street corner - as some do when looking to be picked up for working odd jobs), and only because they
might be illegal immigrants, then it would fall under racial profiling.
If there is a fire that could be arson and the people being questioned cannot provide valid ID, then I can see them being questioned as being illegal. But that is already law, so there is no need for Arizona to create their own law if it is nothing more than a redundancy. The difference is that Arizona law specifically addresses "Aliens" instead of allowing for the law to encompass everyone, which is probably how they argue against it being redundant.
Also
E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
This section directly states that a person can be arrested without a warrant if there is "probably cause" to believe them to be breaking the law (like, ohhhh, I dunno, illegal immigrants). So if a cop sees a Hispanic man/woman sitting on a street corner in unkempt clothes and "suspects" him to be illegal, thus breaking the law, he can arrest the person without actually having a real reason and without warrant.
The law is too vague, and allows too much "wiggle room" for police officers to start using racial profiling. Yes, sometimes race does have a lot to do with it, especially since they are worried about Mexican citizens crossing the border into Arizona, but there have to be limits.
Not producing identification is not a crime. You need a liscense to drive; not walk down the street. That law was instituted to justify racial profilling. The surpreme court will throw it out after the first challenge.
IT represents a bigotry, intollerance, and spitefullness. The people in Arizona should be ashamed it was ever passed.
Your attempt to legitimize it is also very disengenous and i would be embarrsed if i were you.
Actually, you can be detained for failure to produce valid State ID. There are no laws specifically stating that you must carry ID at all times, to my knowledge, but they have the ability detain you for "suspicion" until your identity can be proven.
I see nothing in Wakko's post to be ashamed of or embarrassed about. The intentions of the law are just and sound, like Wakko's arguments, but the actual letter of the law needs to be altered to exclude the option of racial profiling and bigotry.