Wouldn’t it be ironic if, after all the caterwauling that California has been engaging in over Arizona’s immigration law, it turned out that Cali had pretty much the same law?
Why yes. It would:
My name is Harold R. Beasley, Sr. I am a retired Border Patrol Agent. I live in Sierra Vista, AZ. Telephone number 520-XXX-XXXX. I was the Deputy Chief Patrol Agent in San Diego for 5 years (1996 to 2001). I then transferred as an Assistant Chief Patrol Agent to Tucson, Arizona and then retired in 2002.
I did a little research and found that California has the same law (Penal Code 834b) on their books and are complaining about Arizona just passing our New Immigration Law. Wow, is this the pot calling the kettle black?
Please note the last section 834(b)(c). Looks like Los Angeles and San Francisco Mayors have violated California Law and should be investigated by the Attorney General of California.
I think it’s high time we profiled all currently0sitting California politicians.
Understanding that I am more comfortable with the Arizona law than you may suspect; in reading the Penal code cited, it is not even remotely close to the language int he AZ law. The CA Code is once actually arrested. The AZ law is much broader than that, implied
AZ:
“”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).””
CA:
“”834b. (a) Every law enforcement agency in California shall fully cooperate with the United States Immigration and Naturalization Service regarding any person who is arrested if he or she is suspected of being present in the United States in violation of federal immigration laws.””
AZ is Reasonable suspicion, CA is “arrested” Big difference, different law. I would presume all states have something like the California code, few like the AZ one.
Glad I could help clarify.
Flash
Flash:
AZ amended the “lawful contact” lingo in a later session law:
http://www.azleg.gov/alispdfs/council/SB1070-HB2162.PDF
“contact” was replaced by “stop detention or arrest”, which is slightly broader than CA’s language but not much.
The “resonable suspicion” standard kicks in only after a “lawful stop detention or arrest”, just like CA. That phrase has a legal meaning. But note how CA’s law does not modify the word “suspected” with “reasonable.
Forgot to add:
Glad I could clarify.
AZ first requires “Lawful contact made by a law enforcement official” if you’ve done nothing wrong (ie something that could warrant a possible arrest) then you’ve got nothing to worry about.
See, flush, very similar to CA law.
Glad I could straighten that out for you.
*grin*
You don’t need to be a Burbot to understand the similarities.
…or Flash, or any lefty.
“You don’t need to be a Burbot to understand the similarities.”
Judgeing by your comment, you apparently do. Or at the very least, a remedial reading course.
note how CA’s law does not modify the word “suspected” with “reasonable.
Which, as I understand it, gives AZ’s law a slightly higher standard than California’s?
Maybe. Depends on if that’s a defined term in the CA’s criminal code or if the courts there have assigned any special meaning to it. If not, the ordinary common meaning of that word applies. That would probably mean it’s a lesser standard than AZ, since AZ’s law expressly prohibits use of race in determining reasonable suspicion.
Most Burbots are full of… poop!