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Is there any way the Arizona law stands up in court? --(Arizona law post #483, for today)

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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-24-10 10:06 PM
Original message
Is there any way the Arizona law stands up in court? --(Arizona law post #483, for today)
Edited on Sat Apr-24-10 10:08 PM by underpants
I'm not a lawyer so that is why I ask.

Illegal search and seizure alone throws it out from what I understand.
Equal protection and Profiling laws too.

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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-24-10 10:09 PM
Response to Original message
1. This court?
All bets are off.
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NoNothing Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-24-10 11:43 PM
Response to Reply #1
2. Unknown for sure
But the Supreme Court has previously ruled that police CAN require a person to identify themselves if they have reasonable suspicion that the person is involved in a crime. So technically the law is probably constitutional.
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csziggy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-24-10 11:57 PM
Response to Reply #1
3. It can take years for cases to reach the Supreme Court.
Maybe by the time cases bringing this issue up does get there, the court will have moved more to the left.

But it is depressing to think this kind of law would be in effect that long.
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-25-10 10:43 AM
Response to Reply #3
8. As these fucktards are all young, no rush.
The repugnants appoint youngsters to the court so that they will be there for a very long time.
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csziggy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-25-10 03:25 PM
Response to Reply #8
9. I know, it will be a long time before the Supreme Court is cleansed of the taint
Of Reagan-Bush appointees.

Every so often I think about the premise of The Pelican Brief, but I know our side should not use those tactics.
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aikoaiko Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-25-10 12:10 AM
Response to Original message
4. Its the suspicion of being an unlawful alien that seems the most sketchy

I would think that the "suspicion" needs to be defined beyond race, language, and general appearance for it not to be discriminatory.

What would the probable cause be?

I support border control, enforcement of lawful immigration, and prosecuting businesses that knowingly hire noneligible employees, but this law is wreck waiting to happen.
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demwing Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-25-10 12:22 AM
Response to Original message
5. Isn't it a jurisdictional issue - State vs Fed?
Edited on Sun Apr-25-10 12:29 AM by demwing
Where a state can require proof of identification, can a state require proof of citizenship? Some issues- like national security - are under the sole responsibility of the Feds. Seems Arizona has over-stepped their authority.
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-25-10 09:32 AM
Response to Original message
6. Of course...It violates a person's civil rights by discriminating
against them. And that is against federal law. State law in no way overrides federal law. Check it out.
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madokie Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-25-10 09:33 AM
Response to Original message
7. after 2000 anything is possible with this court
Is the law unlawful, yes of course it is
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