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Do you support Arizona?

Do You Support Arizona

  • Yes

    Votes: 67 45.6%
  • No

    Votes: 80 54.4%

  • Total voters
    147
  • Poll closed .

so really you take your driver license when you go out for a walk or a run???

:p

Ummmm.... Who doesn't do that? One should ALWAYS have a form of identification on them, walking, running, biking, hanging out in the mall or *gasp* driving...

To not do so is irresponsible.. Good luck identifying your mangled body at the bottom of a ditch after a car hits you if you aren't carrying ID...
You're absolutely right. But you don't have to be carrying an official, government-issued ID. You can be carrying a business card. Or a medic alert card. Or a library card.
You don't have to be carrying a driver's license, much less a birth certificate.
 
Here is the problem with the bill:

It should not fall upon the individual to prove himself innocent; it is the onus of the government to prove the individual guilty.

Question: If you are driving a car, and have no license, it is the burden of the cop to prove that you're NOT allowed to drive, or is it your burden to prove that you are?

It is the burden of the cop.

Is it the burden of law enforcement to prove that you did rob a store or is it your burden to prove you did not?
 
It is the burden of the cop.

Incorrect. It is YOUR burden. Law says so. You must carry your driver's license at all times while operating a motor vehicle and show such to any officer upon request. That's the law in (as best I know) all 50 states.

Is it the burden of law enforcement to prove that you did rob a store or is it your burden to prove you did not?
Law enforcement. Robbing a store is not like driving a car or immigrating to a foreign country. There is no law demanding that individuals carry around proof of not having robbed a store at all times. There IS a law, however, that says that all immigrants must carry proof of their immigration status at all times. Citizens have no such mandate. Therefore, a visitor from Russia, or Germany, or Zimbabwe, or Greece, or Mexico must prove that s/he is here legally.
 
Well, looks like baseball's getting into the act as well..

The 2011 All-Star Game was supposed to be held in Arizona (at Chase Field, home of the Diamondbacks) but there's already people bitching about a boycott. :rolleyes:

Come on. Complain to the Arizona government if they must, but don't drag the D-backs into this. They didn't ask for this. They should not be penalized.
 
Is it the burden of law enforcement to prove that you did rob a store or is it your burden to prove you did not?
Law enforcement. Robbing a store is not like driving a car or immigrating to a foreign country. There is no law demanding that individuals carry around proof of not having robbed a store at all times. There IS a law, however, that says that all immigrants must carry proof of their immigration status at all times. Citizens have no such mandate. Therefore, a visitor from Russia, or Germany, or Zimbabwe, or Greece, or Mexico must prove that s/he is here legally.

But if I'm not an immigrant and just look Hispanic and don't have an ID they will bring be to the police station anyways. That's the problem.
 
It is the burden of the cop.

Incorrect. It is YOUR burden. Law says so. You must carry your driver's license at all times while operating a motor vehicle and show such to any officer upon request. That's the law in (as best I know) all 50 states.

Is it the burden of law enforcement to prove that you did rob a store or is it your burden to prove you did not?
Law enforcement. Robbing a store is not like driving a car or immigrating to a foreign country. There is no law demanding that individuals carry around proof of not having robbed a store at all times. There IS a law, however, that says that all immigrants must carry proof of their immigration status at all times. Citizens have no such mandate. Therefore, a visitor from Russia, or Germany, or Zimbabwe, or Greece, or Mexico must prove that s/he is here legally.

Sorry that doesn't fly. This effectively makes a law that requires citizens to carry papers around all the time. Remember, your driver's license isn't proof of being a citizen. If a cop decides to stop you, what is going to stop him from arresting you? After all, you have no proof of your innocence.

It is a violation of the 5th amendment for a citizen to be have to prove his innocence or be arrested. There is no difference between robbing a store and driving without a license. In both cases, a person broke the law. If that person is a citizen, he forces the government to provide evidence for an arrest because of due process.

So let me repeat myself: the government has to prove GUILT. The citizen does not have prove INNOCENCE.
 
But if I'm not an immigrant and just look Hispanic and don't have an ID they will bring be to the police station anyways. That's the problem.

They aren't going to be hauling ANYONE in just because they "look Hispanic", so that doesn't wash.

Sorry that doesn't fly. This effectively makes a law that requires citizens to carry papers around all the time.

It does no such thing.

Remember, your driver's license isn't proof of being a citizen.
Nevertheless, driver's license is specifically mentioned in this law as being enough to satisfy proof of immigration status.

If a cop decides to stop you, what is going to stop him from arresting you? After all, you have no proof of your innocence.
What you are describing is not going to be changed at all by the existence or absence of the bill in question. If a cop thinks you robbed a store, you're going to be arrested whether you actually did it or not.

It is a violation of the 5th amendment for a citizen to be have to prove his innocence or be arrested.
False. Substitute "convicted" for "arrested" and you would be correct. A cop does not in any way, shape, or form, need to "prove your guilt" in order to arrest you. "Probable cause" is sufficient. A court, however, does need to "prove your guilt" in order to convict you.

There is no difference between robbing a store and driving without a license. In both cases, a person broke the law. If that person is a citizen, he forces the government to provide evidence for an arrest because of due process.
For a conviction, not for an arrest.

So let me repeat myself: the government has to prove GUILT. The citizen does not have prove INNOCENCE.
For a conviction, not for an arrest.
 
Really now?! Then what exactly do you think this bill does?

I gave a hypothetical scenario in Post #89 that would fit this bill just fine. Let me re-cap for you.

Me said:
Here's a scenario for you: You are a police officer patrolling Interstate 19 three miles north of Nogales, Arizona (a border city) and a known immigrant smuggling route. A van is driving five miles under the speed limit. You pull forward to try to read the license and run the numbers and as you do, the van does a lane shift and a slowdown to avoid letting you see. You're not having it, so you turn the lights on and try to pull over the van. The van stops, and a dozen or more individuals jump out of the van and scatter. You call for backup and round up everyone that jumped out.

Now, judging from the TOTALITY OF THE CIRCUMSTANCES, what would be your REASONABLE suspicion about the immigration status of the individuals in question? Notice I never once mentioned the ethnicity of anyone involved.

Does this sound like a far-fetched scenario? I wish it were, this scenario repeats itself in real life several times each week.

Under the old law, it was not lawful for the cops to investigate the immigration status of the individuals mentioned. Now, it will be.
 
But if I'm not an immigrant and just look Hispanic and don't have an ID they will bring be to the police station anyways. That's the problem.

They aren't going to be hauling ANYONE in just because they "look Hispanic", so that doesn't wash.

How do you know? This law invites just that sort of abuse. Some particularly racist cop may think that simply looking Hispanic *is* probable cause.

Sorry that doesn't fly. This effectively makes a law that requires citizens to carry papers around all the time.


It does no such thing.

Yes, it does. A cop can walk up to anyone he or she wants to and demand "your papers, please". Who's going to stop them?
 
It's discrimination in the boldest. There is no "if you look hispanic, we can investigate you" openly worded but it's still there. The solution is not so simple as either side thinks.

Put up a fence. Really? That's about as effective against illegal immigrants as teenagers looking for a place to hang out.

We know border patrols are equally worthless. Giving them more freedom or numbers just promotes abuse of power and the likelyhood of nasty incidents.

Just letting anyone in who wants to come in is equally unacceptable. We have enough people who are out of a job, who need help and assistance as it is without adding more people in even worse situations to the pot.

I'm not saying no more immigrants or anything of the sort. The real problem here is that they come here expecting to find a better life. Whether they do or not I can't say but it's probably less dangerous for them given that Mexico is about two steps from becoming the world's largest uncontrolled country with the amount of drug lords, corruption, economic instability, etc going on there. The other Latin American countries aren't faring much better.

Ironically the best way to stem the immigration into the U.S. is to improve the situation in their home countries but I have no idea how to do that. Stepping in and propping up a government is not going to work (never has) and this Free Trade deal has back-fired incredibly.

The entire world needs to step in and deal with these countries where people leave because they fear for their lives and can't live. The U.N. ought to be involved but it's so toothless and spineless it's useless. We need another solution.
Nope, cant investigate someone for just having brown skin in spite of the hyperbole stating other wise.
Where the fence is in place it has been effective. On those rare occasions when the border patrol is given the resources it needs to carry out its duties, it has been effective.
You are right about what is necessary for stem the tide. The rampant corruption, crime, and poverty in these nations need to be reduced / stomped out. It is the duties of these other nations to clean up their own back yards. It is not their duty to try to mask over their problems by exporting them.

I think it's ironic that San Francisco, which is only 14% hispanic and 7% black, wants to boycott Arizona - which has a far higher percentage of blacks and hispanics than "culturally diverse" San Francisco.
Even more ironic is the city of Santa Cruz begging for help from the federal government to stem the rampant crime caused by illegal immigrant populated gangs. I say ironic because in 1982 when INS did a raid (and it was indeed ham fisted) the city declared its self a sanctuary city to all illegals and vowed to interfere with the federal government.

Here is the problem with the bill:

It should not fall upon the individual to prove himself innocent; it is the onus of the government to prove the individual guilty.
Not when it comes to driving. Driving on anything other than your private land or private land you have permission to drive on is a privilege, not a right. As such you have to comply with the laws granting you that privilege. One of those conditions is that you must have on you at all times your drivers license and must produce is immediately upon request by an LEO.

You're absolutely right. But you don't have to be carrying an official, government-issued ID. You can be carrying a business card. Or a medic alert card. Or a library card.
You don't have to be carrying a driver's license, much less a birth certificate.
True, but thanks to the SCOTUS when part of an investigation one MUST provide a valid form of identification upon request by an LEO as defined by the government. No I am not happy with that at all, but it is a constitutional requirement.

But if I'm not an immigrant and just look Hispanic and don't have an ID they will bring be to the police station anyways. That's the problem.
If you look like George Steinbrenner and you get pulled over for a traffic violation and it is determined that you don't have your drivers license on you, you still get arrested and sent to jail. So looking hispanic has nothing to do with it.

Sorry that doesn't fly. This effectively makes a law that requires citizens to carry papers around all the time. Remember, your driver's license isn't proof of being a citizen. If a cop decides to stop you, what is going to stop him from arresting you? After all, you have no proof of your innocence.

It is a violation of the 5th amendment for a citizen to be have to prove his innocence or be arrested. There is no difference between robbing a store and driving without a license. In both cases, a person broke the law. If that person is a citizen, he forces the government to provide evidence for an arrest because of due process.

So let me repeat myself: the government has to prove GUILT. The citizen does not have prove INNOCENCE.
It does indeed fly and quite well at that. See the above posts. There is no violation of your 5th amendment rights per the SCOTUS in having to provide valid ID while part of an investigation. Now is it right? Again I don't agree with it, but it is a constitutional requirement.

On the flip side there is nothing in the AZ law that commands a citizen walking down the street to produce ID just because an LEO says to. That would be unconstitutional. There is also nothing in the law that commands or gives permission to an LEO to do random stops on the road or anywhere as that too would be unconstitutional.
 
But if I'm not an immigrant and just look Hispanic and don't have an ID they will bring be to the police station anyways. That's the problem.

They aren't going to be hauling ANYONE in just because they "look Hispanic", so that doesn't wash.

How do you know? This law invites just that sort of abuse. Some particularly racist cop may think that simply looking Hispanic *is* probable cause.
Prove it. How does it incite it? Please pull out the text of the law that does so. Are you stating that you are clairvoyant and can not only read minds now but also look into the future? Any officer who does this will wind up losing his job and the agency he or she works for and their municipality will lose their asses in court.

Sorry that doesn't fly. This effectively makes a law that requires citizens to carry papers around all the time.


It does no such thing.

Yes, it does. A cop can walk up to anyone he or she wants to and demand "your papers, please". Who's going to stop them?
Despite your prior stated desire of the state to be able to do this, it most certainly cannot do it. Any officer who does this will wind up losing his job and the agency he or she works for and their municipality will lose their asses in court.
 
How do you know? This law invites just that sort of abuse. Some particularly racist cop may think that simply looking Hispanic *is* probable cause.

The wording of the law itself specifically forbids that. The text of the law has been linked to many times in this thread already.


Mr. Laser Beam said:
Yes, it does. A cop can walk up to anyone he or she wants to and demand "your papers, please". Who's going to stop them?

1) Who stops them now?

2) What's the cop going to tell the judge when the judge asks, "Officer Fickgruber, what specific observations did you make to lead to a determination of reasonable suspicion that Mr. Acevedo could be in the country illegally?"

3) Given the amount of press and attention that this issue has already drummed up, what cop in his right mind is even going to DREAM of abusing this process? This process is going to be scrutinized to the tenth degree, and any cop who fails to have his shit together is going to be IN some serious shit.

This isn't a racial profiling law.
Yes it is.

Ummm, my turn? Ok.

"Gee, no it's not!"
 
It's discrimination in the boldest. There is no "if you look hispanic, we can investigate you" openly worded but it's still there. The solution is not so simple as either side thinks.

Put up a fence. Really? That's about as effective against illegal immigrants as teenagers looking for a place to hang out.

We know border patrols are equally worthless. Giving them more freedom or numbers just promotes abuse of power and the likelyhood of nasty incidents.

Just letting anyone in who wants to come in is equally unacceptable. We have enough people who are out of a job, who need help and assistance as it is without adding more people in even worse situations to the pot.

I'm not saying no more immigrants or anything of the sort. The real problem here is that they come here expecting to find a better life. Whether they do or not I can't say but it's probably less dangerous for them given that Mexico is about two steps from becoming the world's largest uncontrolled country with the amount of drug lords, corruption, economic instability, etc going on there. The other Latin American countries aren't faring much better.

Ironically the best way to stem the immigration into the U.S. is to improve the situation in their home countries but I have no idea how to do that. Stepping in and propping up a government is not going to work (never has) and this Free Trade deal has back-fired incredibly.

The entire world needs to step in and deal with these countries where people leave because they fear for their lives and can't live. The U.N. ought to be involved but it's so toothless and spineless it's useless. We need another solution.
Nope, cant investigate someone for just having brown skin in spite of the hyperbole stating other wise.
Where the fence is in place it has been effective. On those rare occasions when the border patrol is given the resources it needs to carry out its duties, it has been effective.
You are right about what is necessary for stem the tide. The rampant corruption, crime, and poverty in these nations need to be reduced / stomped out. It is the duties of these other nations to clean up their own back yards. It is not their duty to try to mask over their problems by exporting them.

I think it's ironic that San Francisco, which is only 14% hispanic and 7% black, wants to boycott Arizona - which has a far higher percentage of blacks and hispanics than "culturally diverse" San Francisco.
Even more ironic is the city of Santa Cruz begging for help from the federal government to stem the rampant crime caused by illegal immigrant populated gangs. I say ironic because in 1982 when INS did a raid (and it was indeed ham fisted) the city declared its self a sanctuary city to all illegals and vowed to interfere with the federal government.


Not when it comes to driving. Driving on anything other than your private land or private land you have permission to drive on is a privilege, not a right. As such you have to comply with the laws granting you that privilege. One of those conditions is that you must have on you at all times your drivers license and must produce is immediately upon request by an LEO.


True, but thanks to the SCOTUS when part of an investigation one MUST provide a valid form of identification upon request by an LEO as defined by the government. No I am not happy with that at all, but it is a constitutional requirement.

But if I'm not an immigrant and just look Hispanic and don't have an ID they will bring be to the police station anyways. That's the problem.
If you look like George Steinbrenner and you get pulled over for a traffic violation and it is determined that you don't have your drivers license on you, you still get arrested and sent to jail. So looking hispanic has nothing to do with it.

Sorry that doesn't fly. This effectively makes a law that requires citizens to carry papers around all the time. Remember, your driver's license isn't proof of being a citizen. If a cop decides to stop you, what is going to stop him from arresting you? After all, you have no proof of your innocence.

It is a violation of the 5th amendment for a citizen to be have to prove his innocence or be arrested. There is no difference between robbing a store and driving without a license. In both cases, a person broke the law. If that person is a citizen, he forces the government to provide evidence for an arrest because of due process.

So let me repeat myself: the government has to prove GUILT. The citizen does not have prove INNOCENCE.
It does indeed fly and quite well at that. See the above posts. There is no violation of your 5th amendment rights per the SCOTUS in having to provide valid ID while part of an investigation. Now is it right? Again I don't agree with it, but it is a constitutional requirement.

On the flip side there is nothing in the AZ law that commands a citizen walking down the street to produce ID just because an LEO says to. That would be unconstitutional. There is also nothing in the law that commands or gives permission to an LEO to do random stops on the road or anywhere as that too would be unconstitutional.

Hmm, never been stopped on Baseline road, randomly, during one of their drunk sweeps, have you? Or maybe on Scottsdale Rd? Are you saying that was an illegal stop? Because Az courts have been upholding their legality for 2 decades...

Regarding 2) above ^ :

"Well your honor, the perp was in possesion of a Bic lighter but had no visible cigarettes or other tobacco products so I stopped him on suspicion of possessing marijuana. That's when he failed to produce citizenship papers." (Yes, that is a legal reason to stop/approach someone in Az and has been since Gov Ed Meacham's time in 90-91.)
 
How do you know? This law invites just that sort of abuse. Some particularly racist cop may think that simply looking Hispanic *is* probable cause.

The wording of the law itself specifically forbids that.

Nobody's perfect. Not even cops. Like the rest of us, they're only human. It's up to the individual cop's judgment, who to stop, when to stop them, and why. (They can justify pretty much whatever they want to - after the fact.) In the end, it'll be a question of the cop's word against that of whoever they stopped. So who do you think the judge will believe?
 
Nobody's perfect. Not even cops. Like the rest of us, they're only human. It's up to the individual cop's judgment, who to stop, when to stop them, and why. (They can justify pretty much whatever they want to - after the fact.) In the end, it'll be a question of the cop's word against that of whoever they stopped. So who do you think the judge will believe?

Then, this law will actually change nothing, as racist cops then technically have all the power they need to harass whoever they want already.
 
Realistically, race isn't a problem issue in Az except politically. The economy would grind to a halt without the illegals. What they need is a way to sort out those that want to be citizens from those that are there to "send $ home". Then register the second type so they can be taxed legally on their incomes. Its not like there is a housing shortage in AZ-not with entire developments sitting empty for a lack of buyers. And its not like the illegals are snatching jobs from legitimate citizens. So the issue, like most, is really money. Find a way to tax the illegals' income and the public fervor to get rid of them will die down, IMO.

Good form
 
"Well your honor, the perp was in possesion of a Bic lighter but had no visible cigarettes or other tobacco products so I stopped him on suspicion of possessing marijuana. That's when he failed to produce citizenship papers." (Yes, that is a legal reason to stop/approach someone in Az and has been since Gov Ed Meacham's time in 90-91.)

First of all, that is NOT reasonable suspicion of possessing marijuana, and anyone who claims so is exaggerating or failing to mention OTHER relevant facts.

Furthermore, Judge would probably hit the cop with his gavel because the law doesn't say, "An officer can ask for immigration papers anytime he pulls someone over for something else", it says that the Officer MUST have reasonable suspicion that the person is in the country illegally. A Bic lighter with no cigarettes may be reasonable suspicious for having pot (it's not) but it is most certainly not reasonable suspicion for being in the country illegally.

Lastly, "Ev" (Short for Evan, and not at all Ed) Mecham was Governor in 1987/1988, not 1991/1992.
 
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