(b) With respect to any such person who is arrested, and suspected of being present in the United States in violation of federal immigration laws,
Wirelessly posted
Note the careful use of "and." That implies the person would have to be arrested first before they can suspect him of being an alien.
Might want to read up on your legal mumbo-jumbos.
Steinhauer said:souggy said:Note the careful use of "and." That implies the person would have to be arrested first before they can suspect him of being an alien.
Might want to read up on your legal mumbo-jumbos.
Reading up on legal mumbo jumbo has taught me that officers are perfectly within their rights to ask questions AND can arrest someone based on a suspicion
Your carefully worded post .... failed.
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Then American legal grammar is fucked compared to ours.
the legal requirement for arrests and warrants
Reasonable suspicion does not provide grounds for arrest;however, an arrest can be made if facts discovered during the detention provide probable cause that the suspect has committed a crime.
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No, if they intended it to be that way, they would had used "or" as a conjunction.
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Mind you, I know what he really meant.
I did, they are not SAME because difference on between primary and secondary.
Primary - it means law enforcement officers are allows to check on immigration status if anyone haven't commit crime or break any laws. That's what Arizona will using in next few month when new law start effective. In my opinion, new AZ immigrant bill will create more racial profiling because high number of illegal immigrants are Latino and increasing of harassing against them because LEO are allow to check in anywhere.
Secondary - it means law enforcement officers are allows to check on immigration status after anyone commit crime or break any law, that what CA is doing, otherwise, ICE agents handle with illegal immigrants, even if they haven't break the law like in many states.
There was same CA immigrant law as new AZ immigrant bill was in 1994 until judge strike it down in late 90's.
Every law enforcement agency in California shall fully cooperate with the United States Immigration and Naturalization Service
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No, if they intended it to be that way, they would had used "or" as a conjunction.
if he or she is suspected of being present in the United States in violation of federal immigration laws.
LOL @ Jiro
Ok .... putting on my best serious frowny scowling expression ....
What does the first paragraph of California's law have to do with "reasonable suspicion"?
Terry Stops? Tier One law enforcement encounter?
For one thing, California made it a law that **requires** LEO's to comply with Federal Law:
LOL @ Jiro
Ok .... putting on my best serious frowny scowling expression ....
What does the first paragraph of California's law have to do with "reasonable suspicion"?
Terry Stops? Tier One law enforcement encounter?
For one thing, California made it a law that **requires** LEO's to comply with Federal Law:
the word "cooperate" means to "comply with".
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Actually, foxrac, based on how you worded that post, TXgolfer responded correctly.
You will get better at debating while you're in college.
Check your dictionary. One can cooperate without compliance. Likewise, one can comply without cooperation.
And it is already illegal for an LEO not to comply with Federal law. We don't need another law stating the obvious.