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 Post subject: Re: Arizona 1070
PostPosted: Fri Jul 30, 2010 9:08 pm 
Bishop
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The Nehor wrote:
Don't forget that if you're in Maricopa county without papers you'll get to go to Tent City, America's gulag containing many who have not yet been convicted of any crime.



Hi Nehor,

One does not get arrested for not having papers, but one could be arrested for being in the US illegally. I'm not sure, and could be wrong here, but I doubt that illegals go to Maricopa county jail for "just" being illegal. I know they have detention centers just for that, and I know for a fact that CA illegals are sometimes shipped to Arizona for detention to determine deportation possibilities ( just happend to a good friend of mine).


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 Post subject: Re: Arizona 1070
PostPosted: Fri Jul 30, 2010 9:36 pm 
Bishop
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Kevin Graham wrote:
According to Arizona's stop and identify statute:
Quote:
A. It is unlawful for a person, after being advised that the person's refusal to answer is unlawful, to fail or refuse to state the person's true full name on request of a peace officer who has lawfully detained the person based on reasonable suspicion that the person has committed, is committing or is about to commit a crime. A person detained under this section shall state the person's true full name, but shall not be compelled to answer any other inquiry of a peace officer.
B. A person who violates this section is guilty of a class 2 misdemeanor.
http://www.azleg.gov/FormatDocument.asp ... ocType=ARS

So only after a person is detained for suspicion of commiting a crime, is he or she obligated to provide biographical data to the officer. This is what Markk can't get straight. He thinks police officer's have the right to just go around asking people their background information, before there is reasonable suspicion that a crime has been commited.



LOL...did you read what I wrote...incredible? This is what I wrote above:

You seem to be under the impression that the 4th and 5th amendments give a person the right, when suspected of a crime, to be silent about their personal identity and biographical identity…i.e. where they live…etc. Miranda does not always apply to identity and differs from state to state, police officers have the right to approach any citizen and have ‘consensual’ conversation at anytime, from then it “could” lead to detention or arrest and the rules change with each step. Biographical identity is necessary for due process, by your statement a person without ID who committed a crime would not have to identify themselves?


Amazing?


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