George Costanza
A Friendly Liberal
- Thread starter
- #81
Hold everything.
If this is true (and I suspect it is), then I was wrong. According to this, there has to first be a "legitimate" contact before officers can attempt to verify citizinship status. This would not remove the requirement of probable cause to stop/detain, thereby keeping the law within 4th Amendment limitations.
The only remaining issue, then, has to do with enforcement of Federal immigration laws by local police. That is an issue - but it isn't the one I have been discussing.
Thanks to SFC Ollie for providing the enlightening information . . .
1. Requires a reasonable attempt to be made to determine the immigration status of a person during any legitimate contact made by an official or agency of the state or a county, city, town or political subdivision (political subdivision) if reasonable suspicion exists that the person is an alien who is unlawfully present in the U.S.
If this is true (and I suspect it is), then I was wrong. According to this, there has to first be a "legitimate" contact before officers can attempt to verify citizinship status. This would not remove the requirement of probable cause to stop/detain, thereby keeping the law within 4th Amendment limitations.
The only remaining issue, then, has to do with enforcement of Federal immigration laws by local police. That is an issue - but it isn't the one I have been discussing.
Thanks to SFC Ollie for providing the enlightening information . . .
Last edited: