I think I posted the standard establised in law in another posting on this very thread. It remains clear that the standard is the "reasonable suspicion" standard which is a well established standard in law. It is backed by numerous case law on the matter and has been recognized for some time in law. SB-1070 even make's note in the bill of this very standard of the following;
B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
http://www.courthousenews.com/2010/04/16/AzSB1070.pdf
Guess what, being in the United States after having crossed the border in an illegal manner is a crime and as such any officer or official of a state , city and county backed by case law has the right and has had the right to stop, detain, and hand over based on that reasonable suspicion standard prior to this law.
"[state] officers have implicit authority to make federal arrests." U.S. v. Janik, 723 F.2d 537, 548 (7th Cir. 1983).
"general rule is that local police are not precluded from enforcing federal statutes," 722 F.2d 468, 474 (9th Cir. 1983).
All this talk of how this is somehow new and unconstitutional is nonsense and is not even a violation of the 14th Amendment as that issue has been decided prior to SB 1070 as well.
Terry v. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and searches him without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime.
As for Due Process
The Fourteenth Amendment prohibits the deprivation of liberty or property without due process of law. A due process claim is cognizable only if there is a recognized liberty or property interest at stake. Board of Regents v. Roth, 408 U.S. 564, 69 (1972).
In this case , there is clearly a well established legal due process of law, so again the 14th Amendment claim fails.
What I really do not understand here, from all those who take issue with this law , is WEHRE have you been for the last several decades that the very same immigration laws that SB-1070 plans to enforce have been in place.? I have heard few if any claims of racial profiling because of the Federal code, or any protests or boycotts based on the same laws that are being applied here. Perhaps, this anger would be better directed where it needs to be towards WAshington DC that has under both Repbulican and Democrats looked the other way, because one side wanted the cheap labor and the other wanted the votes, or both and allowed this institutional slavery to continue at the expense of American citizens. Don't believe me just ask the Pima county deputy that got shot yesterday by an illegal alien.
B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
http://www.courthousenews.com/2010/04/16/AzSB1070.pdf
Guess what, being in the United States after having crossed the border in an illegal manner is a crime and as such any officer or official of a state , city and county backed by case law has the right and has had the right to stop, detain, and hand over based on that reasonable suspicion standard prior to this law.
"[state] officers have implicit authority to make federal arrests." U.S. v. Janik, 723 F.2d 537, 548 (7th Cir. 1983).
"general rule is that local police are not precluded from enforcing federal statutes," 722 F.2d 468, 474 (9th Cir. 1983).
All this talk of how this is somehow new and unconstitutional is nonsense and is not even a violation of the 14th Amendment as that issue has been decided prior to SB 1070 as well.
Terry v. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and searches him without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime.
As for Due Process
The Fourteenth Amendment prohibits the deprivation of liberty or property without due process of law. A due process claim is cognizable only if there is a recognized liberty or property interest at stake. Board of Regents v. Roth, 408 U.S. 564, 69 (1972).
In this case , there is clearly a well established legal due process of law, so again the 14th Amendment claim fails.
What I really do not understand here, from all those who take issue with this law , is WEHRE have you been for the last several decades that the very same immigration laws that SB-1070 plans to enforce have been in place.? I have heard few if any claims of racial profiling because of the Federal code, or any protests or boycotts based on the same laws that are being applied here. Perhaps, this anger would be better directed where it needs to be towards WAshington DC that has under both Repbulican and Democrats looked the other way, because one side wanted the cheap labor and the other wanted the votes, or both and allowed this institutional slavery to continue at the expense of American citizens. Don't believe me just ask the Pima county deputy that got shot yesterday by an illegal alien.