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Tags Arizona issues , illegal immigration , immigration issues , SB 1070 , supreme court decisions

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Old 26th June 2012, 08:04 AM   #121
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Originally Posted by Biscuit View Post
No but the SCOTUS clearly left that argument open to be made. They were quite clear about that.
I realize that. Are you claiming that the law is impossible to be enforced as written without unlawful discrimination/profiling?
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Old 26th June 2012, 08:08 AM   #122
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On a related note I can only imagine how great this will be for tourism in our state. Not just tourists from south of the border but from all over the world.
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Old 26th June 2012, 08:16 AM   #123
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No link?
Originally Posted by crimresearch
When this debate started, I accurately predicted today's ruling, and gave the specific legal reasoning for it. ....
Interesting you make claims like this and can't support it.
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Old 26th June 2012, 08:19 AM   #124
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Originally Posted by Neally View Post
I realize that. Are you claiming that the law is impossible to be enforced as written without unlawful discrimination/profiling?
I have yet to hear a coherent argument as to how that could happen. In identical interactions the only suspicion is from skin color or accent.
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Old 26th June 2012, 08:20 AM   #125
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Originally Posted by Tricky View Post
I'm not sure how this is going to be enforced, and that will determine a lot. Allowing officers to "check immigration status" may mean that they can perform a routine check, which I suspect would turn up such things. I'm basically okay with that, since background checks are SOP for most places. However, if they demand that those who have been stopped "show papers", then they must demand it of everyone, otherwise it is profiling. The next move will be Arizona's. If they try to use profiling and enforce the law differently depending on appearance or last name, then they could wind up back in court again.
This is an important point. In fact, it is so important that the court explicitly warned the state of Arizona in this ruling that it will be keeping an eye on how they implement this particular aspect of the law. And based upon the 5-3 ruling yesterday, any kind of shenanigans (racial profiling, etc) will likely end up in this law being thrown out entirely in a future SCOTUS ruling.
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Old 26th June 2012, 08:23 AM   #126
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Originally Posted by Skeptic Ginger View Post
I hope this is evidence that Roberts and Kennedy are not as fanatically right wing as Thomas, Scalia and Alito are. That would make the court more balanced for decisions we can expect in the long run.
I have to say that I was pleasantly surprised with the ruling, especially with Chief Justice Roberts ruling with the majority in this case. It's nice to know that we cannot pigeon-hole some people to fit with our preconceptions, especially when they are a judge
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Old 26th June 2012, 08:40 AM   #127
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Originally Posted by MattusMaximus View Post
I have to say that I was pleasantly surprised with the ruling, especially with Chief Justice Roberts ruling with the majority in this case. It's nice to know that we cannot pigeon-hole some people to fit with our preconceptions, especially when they are a judge
The founders believed that after a while on the court, your perception would lose its political character and you'd rule as you really see the Constitution. And we have seen that in many cases.
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Old 26th June 2012, 08:54 AM   #128
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Originally Posted by WildCat View Post
Lucky for you...
You assume I was not talking about the family that lives next to my pal's renter.

Originally Posted by jj View Post
So, I can be arrested for "driving without a licence" if I'm a passenger in a car with a tail light out, then?

That's pretty absurd, isn't it?
Originally Posted by Biscuit View Post
I am not worried about legal immigrants and such. My concern is for the 10 of thousand of US citizens that don't fit onto the set of leave it to beaver.

There are a lot of americans who speak little or poor english but here in southern AZ that doesn't indicate citizenship as spanish is almost as common as english. Lots of American's speak and prefer spanish in AZ.
Originally Posted by WildCat View Post
Then they'll have a drivers license, ID, or other papers proving they're citizens.
Citizens are not required to carry proof of citizenship. Driving a car is only one way that one might encounter the police, and as has been demonstrated in the past, law enforcement has few qualms about profiling based on race. Arpio's roundup of brown skinned people is a perfect example, and the repercussions for Arpio were slim.
Originally Posted by Biscuit View Post
Now lets say me (a 30 something white guy) and my friend Alex (a 30 something hispanic) both get pulled over. We have both forgotten our DL's at home and neither of us feels like talking to the cop so we say only "yes" or "no." Does anyone here really believe that there will be point when the officer thinks that he has probable cause to think I am here illegally? How about my brown friend alex?

No. I don't see any similar situations in which a white guy and a hispanic guy will be treated equally without profiling under this law.
Originally Posted by WildCat View Post
I forgot my wallet once when I went to work way back in the 1980s. As luck would have it, I got pulled over for speeding that day. I gave the cop my name, address, and SS#. And guess what? It matched what was in the SoS's database! He let me off with a warning. This really isn't that difficult.
Your personal experience not withstanding, you really can't see how this might impact citizens who aren't out of a Norman Rockwell painting?

Originally Posted by WildCat View Post
You don't have the right to conceal your identity. In particular if you're operating a motor vehicle on a puiblic street.


Originally Posted by WildCat View Post
You both go to jail for driving without a license. Once there your identities will be sorted out, unless you'd rather stay in jail than reveal it. Your choice I guess...


Your above example was one...
Why would they both go to jail? Was this learned at the Cooter, or Barny Fife school of law enforcement? Is riding in a car without a license a crime, or is it simply riding while brown without that is a crime?

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Old 26th June 2012, 09:07 AM   #129
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Originally Posted by Biscuit View Post
Did you see the great big print on the top of the page?



It looks like a private company trying to make money selling insurance or something. I have never heard of this requirement on a license that expires every 50 years.
I think it expires on your 65th birthday. At least that is the way it used to be. The Arizona license I got when I moved to Arizona in 1994 and still had when when I moved to Texas in 2006 expired in 2032. It might be that they have revised that system, and new licenses issued have use a different system. But who would take your word for it, you actually living in the state and all. I can see where a guy in living Chiago with an internet connection would know better.

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Old 26th June 2012, 09:11 AM   #130
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Originally Posted by MattusMaximus View Post
I have to say that I was pleasantly surprised with the ruling, especially with Chief Justice Roberts ruling with the majority in this case. It's nice to know that we cannot pigeon-hole some people to fit with our preconceptions, especially when they are a judge
I was too, but I suspect part of Roberts motivation was to negotiate a ruling more to his liking. A pragmatic move since a 4-4 tie would have left the lower court ruling in place. That would effectively be a total a loss for the right wing state's rights Scalito branch of the court.

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Old 26th June 2012, 09:40 AM   #131
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Originally Posted by Biscuit View Post
I have yet to hear a coherent argument as to how that could happen. In identical interactions the only suspicion is from skin color or accent.
.
Eh? (from a Canuckian)
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Old 26th June 2012, 10:15 AM   #132
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Originally Posted by daredelvis View Post
I think it expires on your 65th birthday. At least that is the way it used to be. The Arizona license I got when I moved to Arizona in 1994 and still had when when I moved to Texas in 2006 expired in 2032. It might be that they have revised that system, and new licenses issued have use a different system. But who would take your word for it, you actually living in the state and all. I can see where a guy in living Chiago with an internet connection would know better.

Daredelvis
Thank you! I don't mean to argue from authority but I actually kind am an authority on state ID's especially the AZ ones and not just because I live here but because I spend my weekends seizing fakes.

The source cited by wildcat appears to have zero legitimate standing and I have never heard of this 12 year rule. I could be wrong, I don't know everything.

I have looked all over my AZ ID. It expires in 2045 and I must report a change of address within 10 days otherwise I have no indication that I need a new one every 12 years per that website. It would seem if that was the law then the DL would expire every 12 years.

I don't think a state issued ID is a good indicator of citizenship.

1. They can be obtained and retained by none citizens
2. There are extremely good fakes
3. There is a good chance for fraud by people in the motor vehicle department. Especially as the price for illegal ID's will sky rocket with this law.
4. A police officer doesn't really have all the resources one needs to establish citizenship based on a state ID. It can be time consuming and relies on accurate records and data entry. (Case in point I am a healthy 215lbs but they entered my weight as 115lbs on my ID. Based on that alone an officer would have sufficient suspicion to think the ID was not mine and detain me until ICE can figure it out)

Lets say some brown skinned guys get some very good fakes from california these could easily fool an officer so that he doesn't bother with a radio call to check them unless its because the people who handed them over were brown.

So what should AZ require we carry to prove ourselves?
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Old 26th June 2012, 11:06 AM   #133
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Originally Posted by Biscuit View Post
...

So what should AZ require we carry to prove ourselves?
A six pack and a loaded pistol.
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Old 26th June 2012, 11:30 AM   #134
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Originally Posted by Neally View Post
I realize that. Are you claiming that the law is impossible to be enforced as written without unlawful discrimination/profiling?
I'm not sure how it would be unlawful if the law in question permitted it. Profiling is dodgier, because most Mexicans actually look like Hispanic people. Plenty of them look white, I know. I'm not sure what criteria could be used to make these decisions if not apparent race.

Originally Posted by BenBurch View Post
A six pack and a loaded pistol.
No, that's the stereotype for Texas. Get it right.
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Old 26th June 2012, 11:51 AM   #135
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Originally Posted by BenBurch View Post
A six pack and a loaded pistol.
Originally Posted by 000063 View Post


No, that's the stereotype for Texas. Get it right.
Yep, in Arizona it is a carne asada burrito and a loaded pistol.

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Old 26th June 2012, 11:58 AM   #136
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Originally Posted by daredelvis View Post
Yep, in Arizona it is a carne asada burrito and a loaded pistol.

Daredelvis
Yes but they are some damn good carne asada burritos!
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Old 26th June 2012, 12:06 PM   #137
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Originally Posted by Ausmerican View Post
Yes but they are some damn good carne asada burritos!
You know it. Carne asada burritos are about the only thing I eat when visiting the rents.

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Old 26th June 2012, 12:23 PM   #138
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Originally Posted by BenBurch View Post
A six pack and a loaded pistol.
tequila y una pistola
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Old 26th June 2012, 01:23 PM   #139
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Originally Posted by daredelvis View Post
You assume I was not talking about the family that lives next to my pal's renter.






Citizens are not required to carry proof of citizenship. Driving a car is only one way that one might encounter the police, and as has been demonstrated in the past, law enforcement has few qualms about profiling based on race. Arpio's roundup of brown skinned people is a perfect example, and the repercussions for Arpio were slim.



Your personal experience not withstanding, you really can't see how this might impact citizens who aren't out of a Norman Rockwell painting?



Why would they both go to jail? Was this learned at the Cooter, or Barny Fife school of law enforcement? Is riding in a car without a license a crime, or is it simply riding while brown without that is a crime?

Daredelvis
Answered in Hiibel, which Wildcat has been schooled on before... and chooses to pretend doesn't exist.

People are not required by law to provide paper IDs, absent specific circumstances like *driving* on public streets, entering restricted areas, military personnel and so on.
People can be required to give verbal identification, and on valid PC, provide exemplars like fingerprints or lineups for investigative purposes.

Immigrants can be required to carry papers, but how does an officer develop the PC in a car full of people, to know Cheech from Chong?
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Old 26th June 2012, 02:20 PM   #140
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Biscuit- # 32 for the photo requirement.

http://www.azdot.gov/mvd/faqs/script...ory=1&Keyword=
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Old 26th June 2012, 02:25 PM   #141
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Still no link, Crimresearch? I'm beginning to doubt your brag.
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Old 26th June 2012, 02:31 PM   #142
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Originally Posted by Biscuit View Post
Did you see the great big print on the top of the page?



It looks like a private company trying to make money selling insurance or something. I have never heard of this requirement on a license that expires every 50 years.
Are you sure you live in Arizona?
Quote:
32) When will I need to update my photo?
You are required to update your photo every 12 years. At the end of 12 years, a notice will be sent to you requesting that you visit a driver license facility for a new photo and replacement driver license.
http://www.azdot.gov/mvd/faqs/script...ory=1&Keyword=

That's from a .gov site.
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Old 26th June 2012, 02:36 PM   #143
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Originally Posted by Biscuit View Post
Which I can assure you are easily faked or obtained via fraud. Checking all these ID's using the cops method of calling into the database will take massive amounts of time and slow down the regular duties of the police.
Any law can be broken, it's certainly not a reason to repeal all laws. I really don't understand the point you're making here.

Originally Posted by Biscuit View Post
All these resources are far better spent going after the magnet that draws the immigrants here in the first place. Go after the people providing the jobs. Catching immigrants 2 or 3 at time is a joke of a policy.
If I understand the ruling correctly, Arizona can't do that. Only the Feds can, and they aren't trying very hard.

Originally Posted by Biscuit View Post
But which of us will they suspect is an illegal immigrant and why?
None, one, or both of you depending on whether or not your identities chack out.

Originally Posted by Biscuit View Post
I obviously disagree. In identical police/civilian interactions the only thing that would lead to suspicion is the color of ones skin.
So you claim.
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Old 26th June 2012, 02:40 PM   #144
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Originally Posted by Skeptic Ginger View Post
Still no link, Crimresearch? I'm beginning to doubt your brag.
What would you like me to link to? The text of the ruling that I posted on the 1st page, that you are busy pretending doesn't exist?

The part where I pointed out that the Constitution and previous Supreme Court rulings don't allow police to use random traffic stops as pretexts to demand people show ID? So that you can claim that your 'browser' only shows a blank page again?

If you've got a problem with the Supreme Court striking down the part of the AZ law that would require people from 'my culture' (your words), to carry papers, then go ahead and own that, and quit playing these chat room gossip/gotcha games.

Last edited by crimresearch; 26th June 2012 at 02:45 PM.
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Old 26th June 2012, 02:41 PM   #145
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Originally Posted by Biscuit View Post
Those checks will be a massive waste of time and resources that are better applied and can compromise the regulr police duties.
Yeah, I feel the same about traffic and parking tickets. Why are they ticketing me for turning right on red at a time there's no traffic when people are getting shot in Englewood?

Originally Posted by Biscuit View Post
Thank you for not reading my claim. I said we have more tools which I did demonstrate. Also our tools are faster and more effective. Care to guess why?
If they were so effective you wouldn't need the police to confirm. All you really can have is a strong suspicion.

Originally Posted by Biscuit View Post
It may surprise you to know that in 100% of the country that isn't AZ the laws of AZ do not apply. This is law is intended to catch people from south of the border not dutch invaders.
Are illegal Dutch immigrants a significant portion of your illegal immigrant population?
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Old 26th June 2012, 02:42 PM   #146
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http://www.supremecourt.gov/opinions...11-182b5e1.pdf

Ginger, RIGHT-click on the link and save to disk. That you get a blank page when you merely click on it means that your browser couldn't display the PDF for some reason.

But I get a SC decision at that link.
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Old 26th June 2012, 02:43 PM   #147
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Originally Posted by Biscuit View Post
On a related note I can only imagine how great this will be for tourism in our state. Not just tourists from south of the border but from all over the world.
How would it affect tourists, especially foreign ones?
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Old 26th June 2012, 02:44 PM   #148
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Originally Posted by Biscuit View Post
I have yet to hear a coherent argument as to how that could happen. In identical interactions the only suspicion is from skin color or accent.
Funny, in the example you gave skin color and accent had nothing to do with it, it all boils down to your identities.
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Old 26th June 2012, 02:51 PM   #149
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Originally Posted by daredelvis View Post
Citizens are not required to carry proof of citizenship. Driving a car is only one way that one might encounter the police, and as has been demonstrated in the past, law enforcement has few qualms about profiling based on race. Arpio's roundup of brown skinned people is a perfect example, and the repercussions for Arpio were slim.
I never claimed citizens were required to carry anything while not driving. But if that citizen gets arrested for selling drugs on the corner or robbing the local 7-11 he'll be able to prove who he or she is. And if they come under the scrutiny of the police for other reasons not involving breaking any laws I think this ruling makes clear they can't detain them just because they look a certain way.
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Old 26th June 2012, 02:52 PM   #150
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Originally Posted by daredelvis View Post
Why would they both go to jail? Was this learned at the Cooter, or Barny Fife school of law enforcement? Is riding in a car without a license a crime, or is it simply riding while brown without that is a crime?

Daredelvis
In the example they were both driving, in different vehicles of course.
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Old 26th June 2012, 02:59 PM   #151
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Originally Posted by Biscuit View Post
I have looked all over my AZ ID. It expires in 2045 and I must report a change of address within 10 days otherwise I have no indication that I need a new one every 12 years per that website. It would seem if that was the law then the DL would expire every 12 years.
I've already cited the AZ DOT page on the matter, I presume it doesn't expire in the sense that you don't need to take any sort of driving test but you do need to update your pic.
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Old 26th June 2012, 03:00 PM   #152
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Originally Posted by crimresearch View Post
What would you like me to link to? The text of the ruling that I posted on the 1st page, that you are busy pretending doesn't exist? ....
Changing your claim now, are you?. I wanted you to link to the post where you accurately predicted today's ruling, and gave the specific legal reasoning for it. I'm beginning to think you never really predicted anything here.

Post #84:
Originally Posted by CR
When this debate started, I accurately predicted today's ruling, and gave the specific legal reasoning for it.
Did you make this brag up?

The "ruling" you linked to is after the fact. "Prediction" refers to before the ruling was published.
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Last edited by Skeptic Ginger; 26th June 2012 at 03:01 PM.
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Old 26th June 2012, 03:01 PM   #153
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Originally Posted by crimresearch View Post
Answered in Hiibel, which Wildcat has been schooled on before... and chooses to pretend doesn't exist.

People are not required by law to provide paper IDs, absent specific circumstances like *driving* on public streets, entering restricted areas, military personnel and so on.
People can be required to give verbal identification, and on valid PC, provide exemplars like fingerprints or lineups for investigative purposes.

Immigrants can be required to carry papers, but how does an officer develop the PC in a car full of people, to know Cheech from Chong?
Do you have any reading comprehension abilities at all? In the examples given the people in question were driving on public streets.

I hilited it this time so even you couldn't miss it.
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Old 26th June 2012, 03:12 PM   #154
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Originally Posted by Skeptic Ginger View Post
Changing your claim now, are you?. I wanted you to link to the post where you accurately predicted today's ruling, and gave the specific legal reasoning for it. I'm beginning to think you never really predicted anything here.

Post #84id you make this brag up?

The "ruling" you linked to is after the fact. "Prediction" refers to before the ruling was published.
If you are going to play the game, you need to go back and type in the words 'here at JREF', and insert it into that cut and paste job...

I said I predicted that they wouldn't make people start carrying papers to show on demand, because I knew the legal reasons that they would cite in this ruling, and my link proves me correct.

Your games prove something as well, but not about me.
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Old 26th June 2012, 03:20 PM   #155
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Originally Posted by Biscuit View Post
I have yet to hear a coherent argument as to how that could happen. In identical interactions the only suspicion is from skin color or accent.
Originally Posted by 000063 View Post
I'm not sure how it would be unlawful if the law in question permitted it. Profiling is dodgier, because most Mexicans actually look like Hispanic people. Plenty of them look white, I know. I'm not sure what criteria could be used to make these decisions if not apparent race.
Despite my previous resistance to returning to ground that has already been covered in previous discussions several times, and the easily found examples, I'll repeat them yet again:

1. If a law enforcement officer were to pull someone over for speeding only to find that the driver did not have a valid license or other identification, could not speak English, and wasn’t familiar with the procedure of a traffic stop it could be probable cause to ask about immigration status.

2. A law enforcement officer sees a minivan on a deserted, unpaved road without a valid license plate on it. Children in the van all waved at the agent in unison, as if instructed to do so. Smugglers were known to drive minivans, and smugglers often passed through the area. It could be probable cause to ask about immigration status.

3. A u-haul truck is pulled over for a traffic violation and there are 15 people stuffed in the back. The driver gives evasive answers as to who the people are in the back and why they are there. It could be probable cause to ask about immigration status.

4. A noise complaint is received from a neighbor. A law enforcement officer knocks on the door and asks about who the residents are and who lives there. The person who answers the door gives evasive contradictory answers and a bunch of people run out the back door. It could be probable cause to ask about immigration status.

Many more simple examples could be invented that don't involve any sort of illegal profiling.
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Old 26th June 2012, 03:25 PM   #156
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Originally Posted by BenBurch View Post
The founders believed that after a while on the court, your perception would lose its political character and you'd rule as you really see the Constitution. And we have seen that in many cases.
True enough. Remember Judge Jones in the Dover v. Kitzmiller case? Wow, who saw that ruling coming?
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Old 26th June 2012, 03:34 PM   #157
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Originally Posted by WildCat View Post
How would it affect tourists, especially foreign ones?
Like this.

Just google search and you can see it all.
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Old 26th June 2012, 03:36 PM   #158
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Originally Posted by WildCat View Post
Are you sure you live in Arizona?
[/indent]http://www.azdot.gov/mvd/faqs/script...ory=1&Keyword=

That's from a .gov site.
I can assure that is not grounds for suspicion here. I have seen cops accept ID with much much older pictures. Nor does it cause your ID to be invalidated for any purpose.
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Old 26th June 2012, 03:41 PM   #159
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Originally Posted by BOATGOD View Post
Biscuit- # 32 for the photo requirement.

http://www.azdot.gov/mvd/faqs/script...ory=1&Keyword=
Its a request that does not affect the scenario that bore the discussion in the first place.

Even with this in place someone with a work visa can obtain a 50 year license in AZ, over stay their visa, and keep the license.

I have had an AZ drivers license since 1996 and have never seen this request via mail or any others means.
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Old 26th June 2012, 03:47 PM   #160
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Originally Posted by WildCat View Post
Any law can be broken, it's certainly not a reason to repeal all laws. I really don't understand the point you're making here.
That its a waste of resources.


Originally Posted by WildCat View Post
If I understand the ruling correctly, Arizona can't do that. Only the Feds can, and they aren't trying very hard.
AZ has had an unchallenged law on the books for nearly a decade that will severely punish the employers. Jan brewer et al refuse to enforce it instead going for this BS approach that will never solve the problem.

They bitch that the fed doesn't enforce the laws it has when they are doing the same thing. In 10 years I believe 3 employers have been charged.

I don't know what makes you think AZ can't enforce employment law.

Originally Posted by WildCat View Post
So you claim.
So I fear. Wait and see.
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