Someone in the Vivir Latino blog posted a question: “What part of the Arizona [SB 1070] bill is vague?”.
Let us start by analyzing a few of the sections within the first two pages of the bill.
Article 8, Section B: Reasonable suspicion is a lower standard of suspicion than probable cause. By itself, Article 8 violates the U.S. Constitutions 4th Amendment, because it sets this lower standard of suspicion for search and seizure. This is why evidence during Stop and Frisks acts that can not demonstrate enough suspicion for the Stop can be suppressed. Reasonable suspicion by itself is vague and dependent on an officer’s value based decision.
Article 8, Section B: “Reasonable attempt, when practicable”. The vagueness of this language gives license to a Police Officer to ask for immigration papers at any point where it does not interfere with his duty. That can be, whenever: When stopping a person, during the ride to the precinct, after the arrest, before the Miranda rights, so on and so forth.
This section of the bill is not only vague, it is bizarre. Any person could remain silent and exercise their Fifth Amendment right when questioned about immigration status. The practicality of this “when practical” clause is therefore impractical.
Article 8, Section E: “Probable Cause that a public offense has been committed that makes a person removable from the United States” This part of the law, not only blatantly crosses jurisdiction, it also describes racial profiling. It’s not so much vague in vocabulary – because it eloquently describes racial profiling. However, it directs law enforcement to use a vague, superficial characteristic to “arrest without a warrant” anyone believed, by whatever vague trait (that could only be physical), which creates the Probable Cause, to have committed a crime.
But somehow with some sort of vague procedure not enumerated in the provisions, while exercising racial profiling, Arizona is guaranteeing that citizen’s civil rights will be protected in Section J.
Justicia Latina 