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Originally Posted by MMM
Nyororin, you ask a very good question. I will just
2) This wording "appearing to be illegal" or as the law saw "under suspicion of being illegal" is the point I am trying to make about this new law in Arizona. The law says "race" cannot be a factor in determining whether an individual is illegal, so what I am trying to figure out is, what are the factors an Arizona police officer will use to determine suspicion that someone might be an illegal alien?
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there is no "appearing to be illegal" in the bill or in the philosophy or practical application of law enforcement. The bill is only 10 pages long. read it. As described above, probable cause is developed after an investigation based on articulateble facts arousing reasonable suspicion.
your questions regarding the word "suspicion" have been well laid out in the courts with a very common and agreed apon meaning. But that is what the courts are for. that is why officers must prosecute cases and why suspects have the right of a defense. the first part of any trial is the prelim trial )preliminary trial) in which the court determines, based on arguments of prosecutor and defender, whether or not there is sufficient evidence to continue woith a trial.. Essentially the police officer (including his investigation and articulated facts that lead to suspicion and probable cause) are on trial. This is how bad guys get off on technicalities, often. In the prelim the defense picks apart the officer and his investigation in attempt to make the officer appear incompetent or immoral.
Hot itp lines are sometimes OK, but I don't support an oppressive culture that encourages neighbors to spy on each other like in eastern block countries. it tears apart the fabric of community.