SB 1070 has a “Get Out of Immigration Trouble Card”

Did you know that the new Arizona Immigration Law has a “Get Out of Immigration Trouble Card” included in it?  Yep.  It is right there in the third paragraph of the Bill.  Unfortunately the opponents of the Bill are to busy criticizing it to bother with reading it (let alone reading the correct version – Hint: It’s the House version and not the first copy that pops up on a Google Search for SB 1070 which is the Senate Version).

For those too busy here is the paragraph that lays it ALL out with the important words highlighted in BOLD.  Section 2, Paragraph B

B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF THIS STATE OR A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON, EXCEPT IF THE DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION. ANY PERSON WHO IS ARRESTED SHALL HAVE THE PERSON’S IMMIGRATION STATUS DETERMINED BEFORE THE PERSON IS RELEASED. THE PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c). A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT SOLELY CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS OF THIS SUBSECTION EXCEPT TO THE EXTENT PERMITTED BY THE UNITED STATES OR ARIZONA CONSTITUTION. A PERSON IS PRESUMED TO NOT BE AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSON PROVIDES TO THE LAW ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:

What does this mean you ask?

The 4th Amendment to the Constitution protects us (and an illegal Immigrant) from “unreasonable search and seizure”

unreasonable search and seizure n. search of an individual or his/her premises (including an automobile) and/or seizure of evidence found in such a search by a law enforcement officer without a search warrant and without “probable cause” to believe evidence of a crime is present. Such a search and/or seizure is unconstitutional under the 4th Amendment (applied to the states by the 14th Amendment), and evidence obtained thereby may not be introduced in court

This law allows for a “reasonable suspicion” standard

Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be engaged in criminal activity based on specific and articulable facts and inferences. It is the basis for an investigatory or Terry stop by the police and requires less evidence than probable cause, the legal requirement for arrests and warrants. Reasonable suspicion is evaluated using the “reasonable person” or “reasonable officer” standard, in which said person in the same circumstances could reasonably believe a person has been, is, or is about to be, engaged in criminal activity; such suspicion is not a mere hunch. Police may also, based solely on reasonable suspicion of a threat to safety, frisk a suspect for weapons, but not for contraband like drugs. A combination of particular facts, even if each is individually innocuous, can form the basis of reasonable suspicion

Precedent

In Terry v. Ohio, the Supreme Court ruled that a person can be stopped and frisked by a police officer based on a reasonable suspicion. Such a detention does not violate the Fourth Amendment prohibition on unreasonable searches and seizure. In Hiibel v. Sixth Judicial District Court of Nevada the court further established that a state may require, by law, that a person identify himself or herself to an officer during a stop. An arrest is not permitted based on reasonable suspicion; probable cause is required for an arrest. Further, a person is not required to answer any other questions during a Terry stop, and the detention must be brief.

But then the law is even further restrictive on the Officer.  The “Reasonable Suspicion” standard established by the Supreme Court already mandated that the time that you are confronted by an Officer must be “brief”.  If you are pulled over by an Officer  for cause (tail light out, speeding, illegal lane change, etc…) and he develops a “Reasonable Suspicion” during his interaction with you “might be illegal” (no drivers license, no insurance, barely speak English, evasive, Van full of people who’s names you as the driver don’t know, etc…) he must make an attempt to determine your immigration status.  However, that is tempered by the very next phrase “WHEN PRACTICABLE”.  If it’s along I-10, I-17, US 60, etc… through the heart of Phoenix at Rush Hour it’s probably not “Practicable” to be spending the amount of time it will take to contact the Feds to determine your Immigration Status.

Some really dishonest opponents say that the Police could pull you over or accost you simply because your Brown and traveling in a group and that therefore you must be illegal’s.  Note the line bolded above that says that race, color, etc… MAY NOT be a reason.

But you say where is this miracle “Get Out of Immigration Trouble Card”.  See the line that says “EXCEPT IF THE DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION”.  There ya go!  If you are a witness or a victim of a crime the Police are instructed to NOT spend any time examining your immigration status.

The vaunted Community Organizers to the illegal alien population (well, vaunted at least since President Obama rose from their ranks – community organizer that is and not illegal alien.  I, like President Obama was born in Hawaii) should be shouting these facts from the rooftops in their Communities.  If your a victim or a witness help the Police with their investigation and they won’t bother you.