Illegal Alien Update

[Contessa_Sharra]

This ALL amounts to kindness being taken for weakness. We have been and so they do.

 

[Navy1960]

Navy, I think we are interpreting the same text and coming to different conclusions.

Your last post reads to me that the state or local authorities can make an arrest when someone is in the process of crossing into the country illegally.

Your second to last post reads to me that in the course of investigating crimes, the state and local authorities may ask someone's status. But it doesn't read that they can ask someone's status just because they feel like asking it.

And no where are they compelled to enforce immigration policy, unless it pertains to employment.

UNITED STATES v. ARVIZU


certiorari to the united states court of appeals for the ninth circuit


No. 00-1519. Argued November 27, 2001--Decided January 15, 2002


Respondent was stopped by Border Patrol Agent Stoddard while driving on an unpaved road in a remote area of southeastern Arizona. A search of his vehicle revealed more than 100 pounds of marijuana, and he was charged with possession with intent to distribute. The Federal District Court denied respondent's motion to suppress, citing a number of facts that gave Stoddard reasonable suspicion to stop the vehicle. The Ninth Circuit reversed. In its view, fact-specific weighing of circumstances or other multifactor tests introduced uncertainty and unpredictability into the Fourth Amendment analysis, making it necessary to clearly delimit the factors that an officer may consider in making stops such as this one. It then held that several factors relied upon by the District Court carried little or no weight in the reasonable-suspicion calculus and that the remaining factors were not enough to render the stop permissible.


Held: Considering the totality of the circumstances and giving due weight to the factual inferences drawn by Stoddard and the District Court Judge, Stoddard had reasonable suspicion to believe that respondent was engaged in illegal activity. Because the "balance between the public interest and the individual's right to personal security," United States v. Brignoni-Ponce, 422 U. S. 873, 878, tilts in favor of a standard less than probable cause in brief investigatory stops of persons or vehicles, the Fourth Amendment is satisfied if the officer's action is supported by reasonable suspicion to believe that criminal activity "may be afoot," United States v. Sokolow, 490 U. S. 1, 7. In making reasonable-suspicion determinations, reviewing courts must look at the "totality of the circumstances" of each case to see whether the detaining officer has a "particularized and objective basis" for suspecting legal wrongdoing. See, e.g., United States v. Cortez, 449 U. S. 411, 417-418. This process allows officers to draw on their own experiences and specialized training to make inferences from and deductions about the cumulative information available. Id., at 418. The Ninth Circuit's methodology departs sharply from these teachings, and it reached the wrong result in this case. Its evaluation and rejection of certain factors in isolation from each other does not take into account the "totality of the circumstances," as this Court's cases have understood that phrase


(“A.R.S.”) subsection 13-3883(A) Arizona Revised Statues

Subsection 13-3883(A) (2001) governs arrests by a police
officer without a warrant. The statute permits an officer to make
a warrantless arrest if he has probable cause to believe:

1. A felony has been committed and probable
cause to believe the person to be arrested has
committed the felony.

2 The language “is eligible for release under § 13-3903" is
permissive and does not require release. This language merely
reaffirms prior case law providing officers with discretion to
arrest or release a suspect the arresting officer believes has
committed a misdemeanor offense. See State ex rel. Baumert v.
Superior Court, 132 Ariz. 399, 400 646 P.2d 284, 285 (1982)
(whether a suspect is released in solely within discretion of
arresting officer); State v. Pickett, 126 Ariz. 173, 174, 613 P.2d
837, 838 (App. 1980) (citation procedure is optional).

2. A misdemeanor has been committed in his
presence and probable cause to believe the
person to be arrested has committed the
offense.
. . . .
4. A misdemeanor or a petty offense has been
committed and probable cause to believe the
person to be arrested has committed the
offense. A person arrested under this
paragraph is eligible for release under § 13-
3903.2

Subsection B of the statute authorizes a police officer to “stop
and detain a person . . . to investigate an actual or suspected
violation of any traffic law committed in the officer’s presence
and [to] serve a copy of the traffic complaint for any alleged
civil or criminal traffic violation.”

I used this as an example to show that an officer in Arizona can stop and with probable cause in a civil offense detain an illegal alien and notify ICE. What they should not be doing is conducting raids, which by the way the Maricopa County Sheriff is doing at this moment under the new Arizona Illegal Alien law. This is a perfect example of our state taking the meaning of a lack of laws to the contrary it becomes a state matter.

PHOENIX (AP) - A posse of 100 volunteers and sheriff's deputies will patrol the Phoenix area and arrest any illegal immigrants, the county sheriff said.
The group likely will be deployed across parts of Maricopa County by the weekend, Sheriff Joe Arpaio said Wednesday.

Volunteers will be drawn from the department's 3,000-member posse, whose members are trained and are often former deputies.

"It's important to send the message out to stay in Mexico and don't come roaming around here hoping you're going to get amnesty," said Arpaio, who in years past gained notoriety for putting inmates on chain gangs and issuing them striped uniforms and pink underwear.

Arpaio's deputies have already arrested about 120 illegal immigrants using a new state smuggling law.

"We're going to arrest any illegal who violates this new law," he said. "I'm not going to turn these people over to federal authorities so they can have a free ride back to Mexico. I'll give them a free ride into the county jail."

Ariz. Posse to Arrest Illegal Immigrants

 

[Ravi]

I must be misunderstanding something because it appears that Stoddard works for Border Patrol...isn't that the Fed?

 

[Navy1960]

I must be misunderstanding something because it appears that Stoddard works for Border Patrol...isn't that the Fed?

I think your miss the point here Ravi, the point here is that there is no compelling federal law that prevents a state from acting upon an immigration matter. In fact if a state passes such a law it can act on that. Immigration is a Federal matter, and should be resolved in that arena, however if a state, or city like Phoenix, or San Francisco hinder Federal Law enforcement by these sancturary laws, they can IMO be held liable for adding and abetting under Federal Statues. My illustration was to show you Arizona laws as they applied to searches by local law enforcement.

 

[Gunny]

That's what happens when the federal government gets involved... If they would let the states take care of themselves (except for some things obviously) these people would be held accountable.

Defense of the US National border is a Federal responsibility. Someone should let them in on it ....

 

[Gunny]

Okay Willow, which argument is? I think I made it pretty clear it't the responsibility of the Feds to do something about illegal immigration. However, state and local governments like our wonderful mayor and that worthless mayor of San Francisco that pass local laws to interfere with that IMHO should be held liable.

That's exactly what she said.

 

[Navy1960]

That's exactly what she said.

I know Gunny, I had to clear up an earlier posting which we did.

 

[Sovereignty]

Why is it, that all pro-illegal alien sympathist think that the illegal aliens are above American laws? They think that because the illegal aliens are poor and ignorant that gives them a "Free Get Out Of Jail, Free Card". To me that is a double standard and must be stopped immediately if not sooner!

 

[PIM]

Navy, I think most of what you posted applies to encouraging and finding jobs for illegal aliens.

The point is, in my opinion, is that the state and local authority almost have no authority to question someone's citizenship and they have no obligation to turn in people just for being illegal. I'll see if I can find the thread in question and the part of it that stated the law.

wait a moment, when I work out of state, in some states I am required by law to register my car ,get tags, and driver's license for that state within 6 weeks, or else I stand to recieve a ticket. And believe me there are states that will send their police to the job site parking lot and they take down tag numbers, when they return in 6 weeks that car or truck had better have new tags or else not be there, if it is there ,they tow it and you pay the fine to get it back.............Now you are going to tell me I should be treated as an illegal alien in my own country and let illegal aliens from other countries have a pass?????????????

 

[strollingbones]

deport all illegals regardless of country of origin.

 

[Sovereignty]

We must first make our politicians obey the laws. They're becoming political whores for lobbyist money from foreign countries that own American businesses, many of the countries are communist. So, wouldn't that make our politicians treasonist traitors we need to vote out of office or put in jail? We have to OUTLAW LOBBYIST BRIBES!

 

[Mom Marie 1946]

Hi all Thanks Rip for the info on the New Board. (Marieandwoody)