Read The first Arizona Lawsuit

Started by peternap, April 29, 2010, 06:07:09 PM

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peternap

These here is God's finest scupturings! And there ain't no laws for the brave ones! And there ain't no asylums for the crazy ones! And there ain't no churches, except for this right here!

muldoon

so aside from the easy gaffs like

item 15:  The city of Tucson is geographically located approximately 60 miles south of the international border between the United States and Mexico.

really?  south? 

and the ones that indicate that not being able to speak English has no bias towards people being in country illegally, nor do even Mexican plates, or other such things.  I wonder how many red headed white people are here illegally? 

Then the meat of it.  The claims are:
asking for identification

1) is a violation of due process.
2) is a violation of amendment 14, equal protection
3) is a violation of first amendment, free speech
4) is a violation of fifth amendment, right not to self incriminate
5) is a violation of fourth amendment, search and seizure without due cause
6) City of Tucson has no duty or authorization to inquire on immigration status.

Well, for point 6 - they do now. 
For point 1 - 5  - nothing stops police from asking questions of everyone else for other crimes.  In fact, interpretting this in this fashion the police should not be allowed to ask anyone anything at any time for any reason.  Police cannot ask you if you are committing a crime or what you are doing because if you are committing a crime you might be incriminating yourself by answering?  What?  Or your answer would not be covered under free speech?  Can I confess to a murder and complain my free speech was violated when they arrest me for it? 

The entire thing is ludicrous at every line. 


Pox Eclipse

Quote from: muldoon on April 29, 2010, 06:40:52 PM

For point 1 - 5  - nothing stops police from asking questions of everyone else for other crimes.  In fact, interpretting this in this fashion the police should not be allowed to ask anyone anything at any time for any reason.  Police cannot ask you if you are committing a crime or what you are doing because if you are committing a crime you might be incriminating yourself by answering?  What?  Or your answer would not be covered under free speech?  Can I confess to a murder and complain my free speech was violated when they arrest me for it? 

The entire thing is ludicrous at every line. 


The police can ask if you committed a crime, but you cannot be compelled to answer.  You have the right to remain silent.   That is the difference with this law; they are compelling you to incriminate yourself by making it a crime to remain silent.

This law is DOA.