27th April 2010, 1:14 PM
Here is a copy of the bill in question:
http://www.azleg.gov/legtext/49leg/2r/bills/sb1070h.pdf
According to the bill, police need to have "reasonable suspicion"--I believe that means "probable cause"--before they can actually arrest someone. If that's the case, then it looks like the fourth amendment does stand.
The bill also states that people cannot be picked-up simply because of their skin color or nationality. That lifts some of the skepticism off my shoulders.
Now, here's what I don't like:
"ANY
27 PERSON WHO IS ARRESTED SHALL HAVE THE PERSON'S IMMIGRATION STATUS DETERMINED
28 BEFORE THE PERSON IS RELEASED."
I don't quite understand that. Why do they have to have their status determined before they are released? Doesn't that bring up guilty before proven innocent? I mean, if the person is illegal, then I don't give a shit because the Constitution doesn't apply to that individual. However, if they are legal, and you arrest and detain them without having a trail, then from what I can see, you've just violated their right to due process.
DAMN, MAN! This is confusing as shit. I will say this: I do not like illegals. They have no right to be here, and I believe that states have the full authority to kick them out. However, the thing that I worry about is detaining people who are legal. The fact that the bill says that their immigration stat. has to be determined "after" they are arrested does leave some question up in the air.
http://www.azleg.gov/legtext/49leg/2r/bills/sb1070h.pdf
According to the bill, police need to have "reasonable suspicion"--I believe that means "probable cause"--before they can actually arrest someone. If that's the case, then it looks like the fourth amendment does stand.
The bill also states that people cannot be picked-up simply because of their skin color or nationality. That lifts some of the skepticism off my shoulders.
Now, here's what I don't like:
"ANY
27 PERSON WHO IS ARRESTED SHALL HAVE THE PERSON'S IMMIGRATION STATUS DETERMINED
28 BEFORE THE PERSON IS RELEASED."
I don't quite understand that. Why do they have to have their status determined before they are released? Doesn't that bring up guilty before proven innocent? I mean, if the person is illegal, then I don't give a shit because the Constitution doesn't apply to that individual. However, if they are legal, and you arrest and detain them without having a trail, then from what I can see, you've just violated their right to due process.
DAMN, MAN! This is confusing as shit. I will say this: I do not like illegals. They have no right to be here, and I believe that states have the full authority to kick them out. However, the thing that I worry about is detaining people who are legal. The fact that the bill says that their immigration stat. has to be determined "after" they are arrested does leave some question up in the air.