Reasonable Suspicion -vs- Probable Cause RE: AZ SB 1070

OK, I’ve read the bill, and it seems both sides are making political hay, here. But maybe an esteemed attorney out there can help me. Here is the clause that makes me very uncomfortable about this legislation:

FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

So what is the difference between ‘reasonable suspicion’ and “probable cause”.

Is someone who is Hispanic, living near the border, and legally and lawfully here, going to be subject to unlawful search and seizure because as a Latino near the border that is enough for ‘reasonable suspicion’?

I can understand in times of economic tumult, we need to make sure that those here, taking jobs, are here legally and lawfully and certainly not displacing legal and lawful employees who are waiting to work.

Marty Seifert was wise to not embrace this law and only saw it as a ’step in the right direction’ I am not sure that is necessarily the case, either.

So someone define for me ‘reasonable suspicion’ and explain to me why a legal and lawful citizen in AZ now should carry a passport and/or birth certificate just to prove their citizenship in the state the live in.

Flash

PDF of Bill SB1070:


From the Senate AZ Fact Sheet:

Enforcement

1. Requires a reasonable attempt to be made to determine the immigration status of a person during any legitimate contact made by an official or agency of the state or a county, city, town or political subdivision (political subdivision) if reasonable suspicion exists that the person is an alien who is unlawfully present in the U.S.

2. Requires the person’s immigration status to be verified with the federal government pursuant to federal law.

3. Requires an alien unlawfully present in the U.S. who is convicted of a violation of state or local law to be transferred immediately to the custody of ICE or Customs and Border Protection, on discharge from imprisonment or assessment of any fine that is imposed.

4. Allows a law enforcement agency to securely transport an alien who is unlawfully present in the U.S. and who is in the agency’s custody to:

a) a federal facility in this state or

b) any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency.

5. Allows a law enforcement officer, without a warrant, to arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the U.S.

6. Prohibits officials or agencies of the state and political subdivisions from being prevented or restricted from sending, receiving or maintaining an individual’s immigration status information or exchanging that information with any other governmental entity for the following official purposes:

a) determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state;

b) verifying any claim of residence or domicile if that verification is required under state law or a judicial order issued pursuant to a civil or criminal proceeding in the state;

c) confirming a detainee’s identity; and

d) if the person is an alien, determining whether the person is in compliance with federal alien registration laws.

7. Disallows officials or agencies of the state or political subdivisions from adopting or implementing policies that limit immigration enforcement to less than the full extent permitted by federal law, and allows a person to bring an action in superior court to challenge an official or agency that does so.

8. Requires the court, if there is a judicial finding that an entity has committed a violation, to order any of the following:

a) that the plaintiff recover court costs and attorney fees;

b) that the defendant pay a civil penalty of not less than $1,000 and not more than $5,000 for each day that the policy has remained in effect after the filing of the action.

9. Requires the court to collect and remit the civil penalty to the Department of Public Safety (DPS), which must establish a special subaccount for the monies in the account established for the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) appropriation.

10. Specifies that law enforcement officers are indemnified by their agencies against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this statute to which the officer may be a party by reason of the officer being or having been a member of the law enforcement agency, except in relation to matters in which the officer is adjudged to have acted in bad faith.