The Mexican Repatriation - Relevant to Arizona’s Immigration Law

[loco]

I have explained this a half dozen times in two threads to loco but nothing seems to be sinking in here. Lawful interactions between the public and the police cannot by definition be the result of cops randomly targeting Mexicans/ Mexican looking people and asking them to prove their citizenship. Reasonable Suspicion in American Jurisprudence is defined as: an objectively justifiable suspicion that is based on specific facts or circumstances and that justifies stopping and sometimes searching (as by frisking) a person thought to be involved in criminal activity at the time

Furthermore: A police officer stopping a person must be able to point to specific facts or circumstances even though the level of suspicion need not rise to that of the belief that is supported by probable cause. A reasonable suspicion is more than a hunch.

So a hunch that a mexican looking person is an illegal immigraint is not enough to stop, detain and require that person to prove their citizenship.

As I said 10 times already, RS is not PC. You always need PC to arrest somebody. For RS ( a lawful interaction) something has to be going on that causes the police to suspect the individual that they are observing is committing a crime.

George Whorewell,
I know you have.  And I have explained to you half dozen times in two threads that I never said this law gives cops license to stop somebody just because he looks Mexican.

What I said was that if a cop pulls somebody over for speeding for example, this law give cops license to request proof of legal US residence if the person they pulled over looks Mexican.  That's what I said.

More recently I've been saying that if by law, illegal immigrants are trespassing anywhere in the US, a cop can walk up to somebody that they "reasonably suspect" to be trespassing(somebody they reasonably suspect to be an illegal immigrant), then ask for proof of legal US residence.

You might have said this before, but aren't you a cop?  What exactly would give you reasonable suspicion that somebody is and illegal immigrant?

[George Whorewell]

Loco, the problem we are having in communicating is due to the fact that we are talking around each other. Your example about pulling someone over is not a good one because you are not providing enough information about the police encounter. If you are pulled over for speeding, the police can request license, registration and insurance. If the driver can't provide these documents or gives the cop expired or fake documents ( regardless of whether or not the driver is blonde haired, blue eyed and speaks perfect english) the officer now has reasonable suspicion that a crime may have been committed and therefore he is entitled to investigate further by questioning, detaining and searching the driver of the vehicle. Of course, the cop can also casually observe the interior of the car, any passengers, etc. If after a further investigation probable cause has been established that a crime was committed, the cop can arrest the driver.

Now, if the driver has all of the required identification/ documentation that every single American is required to have on them while driving a car, then that officer has not established the requisite reasonable suspicion that is required for him to determine the driver is in the country illegally and therefore he cannot force the driver to prove he is legal. Do you understand what I'm saying here? 

Regarding your second point, how can an officer reasonably suspect someone of tresspassing unless the officer observes a suspect breaking into a home or climbing a fence onto private property ( or receives a call from the radio dispatcher saying the individual that they are observing matches a suspects description for tresspassing)? The answer is that he can't. As I have said already, being Mexican or Mexican looking is never enough to justify reasonable suspicion.    

I'm not a cop. I passed the NY and NJ bar exams so I know a little law.