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Originally posted by endisnighe
reply to post by maybereal11
Please post the link to the decision that states that.
PLEASE. Yeah right, the law on the 2nd component stated that everyone that was arrested had to go through the verification process. That was one of the parts shot down. But, why bother with the truth.
Just more obfuscation to further an AGENDA.
U.S. District Judge Susan Bolt leaned heavily in her opinion on the notion that the portions of the law she blocked would, if not stopped, place unacceptably high burdens on legal immigrants to prove they were in Arizona legally as well as on the federal government.
Bolton paints of picture of legal immigrants being forced to cool their heels in presumably hot Arizona jails while police authorities attempted to get confirmation that, yes, those individuals they stopped were indeed in the U.S. legally.
Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked. Given the large number of people who are technically “arrested” but never booked into jail or perhaps even transported to a law enforcement facility, detention time for this category of arrestee will certainly be extended during an immigration status verification. (See Escobar, et al. v. City of Tucson, et al., No. CV10-249-TUC-SRB, Doc. 9, City of Tucson’s Answer & Cross-cl., ¶ 38 (stating that during fiscal year 2009, Tucson used the cite-and-release procedure provided by A.R.S. § 13-3903 to “arrest” and immediately release 36,821 people).) Under Section 2(B) of S.B. 1070, all arrestees will be required to prove their immigration status to the satisfaction of state authorities, thus increasing the intrusion of police presence into the lives of legally-present aliens (and even United States citizens), who will necessarily be swept up by this requirement.
It wasn't that the judge didn't empathize with the burdens Arizona contends with in dealing with the problem of illegal immigrants. She said she did:
But that didn't mean she could allow Arizona to tread in territory reserved for the federal government.
The Court by no means disregards Arizona’s interests in controlling illegal immigration and addressing the concurrent problems with crime including the trafficking of humans, drugs, guns, and money. Even though Arizona’s interests may be consistent with those of the federal government, it is not in the public interest for Arizona to enforce preempted laws.
The judge also blocked officers from making warrantless arrests of suspected illegal immigrants for crimes that can lead to deportation.
"Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully present aliens because their liberty will be restricted while their status is checked," Bolton wrote.
Not to mention the Judge cited "warrantless arrests" and undue and discriminatory burden requiring those that might be confused for an illegal immigrant to carry papers with them at all times or face detainment.
Originally posted by endisnighe
reply to post by maybereal11
Can you post the link to the decision, I have not read it yet.
As for me picking from the talking points, well blame MSNBC, that is the only placed I watched, so if I got anything wrong, blame one of your leaning propaganda channels.
Originally posted by mordant1
reply to post by maybereal11
You know, making laws based on one persons opinion of what 'might be' is complex, like if I think YOU 'might be' a bad thing I can decide to restrain or dispose of you preemptively.
Actually I think we may be on to something here...
Originally posted by Asktheanimals
In a press release, CAIR declared that the protest was being organized by the Southwest Riverside County Tea Party."
The identity of the organizers "remains a mystery" but that's proof enough for the Council on American Islamic Relations to DECLARE it is being done by the Tea Party.
Heads up Folks....
Proposed Mosque to be built at Nicholas & Washington in Temecula.
Attend the Hearing tentatively in November 6:00 pm at 43200 Business Drive Park, Temecula and lend your voice and/or your presence so that we can stop this from happening.
..."a radically intolerant belief system that is incompatible with the freedoms guaranteed by the U.S. Constitution."
Hearing date has been changed to tentatively from Aug. 18 to November 6:00 pm at 43200 Business Drive Park, Temecula and lend your voice and/or your presence so that we can stop this from happening. The city had no intention of notifying the neighborhood except by placing a notice in the paper!
The proposed Mosque would be approximately 25,000 sq ft. and have the minaret towers to blast their calls to prayer five times a day starting at 4:15 AM and ending at 9:15 PM. It will bring in Islam and usher out our freedoms and liberties, as has happened all across Europe and already parts of the US.
Welcome to our site
The Southwest Riverside County Citizens in Action includes Concerned Citizens, and Patriots groups throughout the region, joined together to be a voice in returning America to its Constitutional roots.
The Freedom March Parade after Parade was put together in two days. We had a turnout of about 25 people but made a hugh impact and got very positive reactions!
Originally posted by endisnighe
What is a warrantless arrest? Oh, when someone is arrested when they break the law. Please supply a link to the decision. Not snippets. I hate snippets.
An arrest made without a warrant. At common law, an officer was justified in making an arrest without a warrant if the officer reasonably believed that the defendant had committed a misdemeanor in his or her presence or had committed any felony. There is a constitutional preference for arrest upon a warrant, however, 379 U.S. 89, and the Supreme Court has held that a warrantless arrest will be judged by a somewhat higher standard of probable cause than if the same arrest had occurred under the direction of a neutral and detached magistrate. Id. While warrantless arrests in public places have been upheld, 423 U.S. 411, an arrest in a private residence requires an arrest warrant unless there are exigent circumstances. 445 U.S. 573. See search and seizure; warrant[arrest warrant].