Judge blocks Arizona "show me your papers" law

[emacknight]

@Bricker

A consensual encounter can quickly become a detention. Here is an example of how this might play out:

@Bricker

COP: Hello, gentlemen! How are things?

SUSPECT 1: Todo bien aqui.

SUSPECT 2: (silent)

COP: Say, you guys are both citizens or legal residents, right?

SUSPECT 1: Si, soy norteamericano.

SUSPECT 2: (turns and starts to leave)

COP: Hey, bud – I’m talking to you! Hang on there!

At that point, the encounter ceases to be consensual.

The second individual has exercised his right both to remain silent, and, in the face of a consensual police encounter, disregard the encounter and go about his business. When he does so, the cop orders him to remain. At this point, a reasonable individual would not feel free to leave, and is thus seized for the purposes of the Fourth Amendment. That means that at that instant, the officer must be able to articulate specific facts and inferences that cause him to believe a crime is being committed. In the example above, the cop cannot point to any such facts, and thus the detention is illegal.

Let’s look at this one because it’s what I see as the most likely. The “crime” in this case is being in the country illegally.

So my first issue is why the cop asked about residency in the first place. Did have any reason at all to ask that? Any more reason that to ask if they have drugs?

So the cop asks a question, then the suspect panics and runs. Now the cop has a reason to be suspicious so he makes an arrest.

This person now has to prove that he his a legal resident.

@Bricker

As to the second question, a reasonable effort to verify status would be either the production by the suspect of papers showing his status, or an inquiry to the federal resource. If the feds don’t answer within a reasonable period of time, the suspect must be permitted to leave.

This is the actual part that I have a problem with. How long is a “reasonable period of time?” It bothers me because in the process of applying this law, at some point, a legal resident/citizen will be detained–only to eventually prove they are in fact legal.

This is the part that becomes harassment. How many times would you be willing to go through this process?