Thursday, April 29, 2010

Bills

So I've been kind of caught up with the SB 1070 bill (the immigration bill) that was just passed in Arizona by Governor Brewer. I know this is aimed at cracking down on illegal immigrants, but in the process is violating American citizen's rights.

This is what the 4th amendment says (and please don't take my word for it, research this stuff on your own if it interests you):
 Arrest

Of course, when a person is arrested and taken into police custody, they have been seized (e.g., a reasonable person who is handcuffed and placed in the back of a police car would not think they were free to leave). A person subjected to a routine traffic stop on the other hand, has been seized, but is not "arrested" because traffic stops are a relatively brief encounter and are more analogous to a Terry stop than to a formal arrest.[31] A police officer does not have the authority to arrest someone for refusing to identify himself when he is not suspected of committing a crime.[32] A search incidental to an arrest that is not permissible under state law does not violate the Fourth Amendment, if the arresting officer has probable cause.

So what would be probable cause for an officer to think someone is an illegal immigrant? Skin color? Accent? That is absolutely racial profiling. Not only that, but if I haven't committed a crime, then a police officer has no right to ask for me for identification, as listed above.

Warrant
Under the Fourth Amendment, law enforcement must receive written permission from a court of law, or otherwise qualified magistrate, to lawfully search and seize evidence while investigating criminal activity. A court grants permission by issuing a writ known as a warrant. A search or seizure is generally unreasonable and unconstitutional, if conducted without a valid warrant,[36] and the police must obtain a warrant whenever practicable.[37] Searches and seizures without a warrant are not considered unreasonable if one of the specifically established and well-delineated exceptions to the warrant requirement applies.[38]

Here are some of the things that bother me about the bill (AGAIN, whether you're for or against this bill, please read it yourself):

ARTICLE 8 SECTION E
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.

Is this serious?! They are overstepping their bounds. And if you don't think that they will do this, they already have. Check out this article here about an American born-citizen who was ARRESTED even while he was carrying a state issued ID and gave them his valid SSN.

I can't believe this is happening and people support this. I'm assuming it's because they don't know what the bill entails and will really allow law authorities to get away with.

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