GabonX wrote:PLAYER57832 wrote:GabonX wrote:PLAYER57832 wrote:SultanOfSurreal wrote:and the point spurgistan was making is that this law will inevitably lead to racial profiling and the unjust imprisonment of citizens on the basis of skin color
True, but the problem won't be limited to specific groups. Anybody who police wish to target can be targeted.
Yeah, but that's true of DUI check points and a lot of other things too..
Except there is a big difference between catching people who are driving drunk and "catching" people who just don't happen to have proof of citizenship on their person.
Not really, aside from the implications of your selective quoting
At a checkpoint, someone has to show evidence of insobriety before they can be held.
No they don't..
In fact they can actually hold you on the grounds that alcohol may still be being released into your blood stream. Also, if they ask you to take a sobriety test, you have to take it whatever the reason.
I see, so you think that demanding someone show they are physically able to drive .. a physical, immediate issue with potential immediate and serious harm to all others on the road is "equal" to stopping people who have violated no law, but simply are not able to produce proof of citizenship, proof that up until now is not required of people.
GabonX wrote:[
You can even demand a blood test in most states, meaning there has to be proof before you can be taken in jail.
I think you've got this backwards. They can demand that you submit to a blood test, but if you request a blood test after blowing positive and the blood test shows that you're under the limit, they can state that your body neutralized the alcohol in the duration between tests.
No. I don't have it backwards. However, the law is interpreted differently in different jurisdictions, so the point is almost mute. The thing about saying your body neutralized the alchohol is just wrong, though. They can determine, within certain limits, how long it takes a body to process alchohol, so that if you test at point A, then you were at point B 1/2 hour earlier. The point is that if you are "borderline", some people will ask for a blood test, because it is more accurate than a breathalyzer, in the hopes that the intervening time will clear their blood a bit. Sometimes it works, sometimes not. But again, I am not trying to argue sobriety tests here. I am saying that sobriety is something that A. provides and immediate and imminent danger to otheres
and B.being able to prove you can operate a car safely is a condition of a license. It is a condition to which you agree when you go on the roadway with a car.
Currently, no one is required to carry ID that proves citizenship. Nor should they have to do so. This Arizona law changes that.
In this case, you have to prove you are a citizen. However, how many of us are really and able to do that when we are just driving or walking around? Take problems with the "no fly" list and magnify them.
I can prove my citizenship, or at least my residency much more easily than I can prove my sobriety as I always have at least to forms of state identification on me.. My drivers license and my license to carry.[/quote]
Your driver's license is not proof of citizenship. There was a move to try and make it a universal ID, to serve as such proof. It is not fully implemented yet. Furthermore, not everyone drives. I do drive, but I generally don't carry any ID. Not even all social security cards can be used as proof of ID. Some are stamped "not for proof of citizenship". I have no idea if your license to carry required a citizenship check. I know it requires a criminal check. At any rate, few people have an ID like that.
Again, while there are actually many laws requiring you to be fit to drive when you get on the road, there has never been a requirement that people have to carry proof of citizenship on their person. This goes beyond just carrying ID, because most ID won't show citizenship status.
The fact is, at least in PA, that if you are driving a car a police officer can detain you and force you to submit to a blood test. If you refuse, you're given the maximum penalty for DUI as you're assumed to be guilty..
I have a friend that was driving home in York and he got pulled over. The Police officer breathalised him through the window of his car and he blew under. The officer pulled him out and made him perform a number of sobriety tests, all of which he passed, before breathalising him again. He blew under again, the the officer forced him to come to a hospital and submit to a blood test.
The test revealed that he had smoked Marijuana at some point in the last month (he hadn't smoked that day) but because the metabolites? were in his system the officer issued a DUI on those grounds.. [/quote]
Actually, a case in point. Had your friend not partaken of any illegal substance, he would have no penalty.
Second, I can almost bet that the penalty was not incarceration for an extended period. In the case of citizenship, a person is essentially considered guilty until they can PROVE they are a citizen. Contrary to what you think, most people don't carry passports or other verified ID.
Furthermore, the person without ID can be encarcerated. Often times immigration violators are not given the same rights as others. So, there is no gaurantee they could call an attorney, or anyone else. Unlike the sobriety issue, bail is not usually an option.
Basically, illegal aliens are treated worse than most murderers in this country. Now just about anyone in Arizona can find themselves facing that same kind of penalty, simply because a cop did not like their looks. Someone like your friend is likely to be a prime target, for much the same reasons he was targeted for the insobriety issues. Likely he just did not fit the profile of how the cop thought all "upstanding citizens" should appear.
GabonX wrote:The bottom line is that as it stands, if you drive a car a police officer can detain you, transport you to a hospital, and force you to submit to a blood test. If that test reveals that you've consumed drugs which have not been prescribed to you at any point, you can and probably will receive a DUI.
DUI checks enable police to detain people without probable cause, and as it stands it is absolutely comparable to the proposed law in Arizona.
It's actually probably worse..
You obviously don't know what happens to people thought to be illegal aliens. Even people who might have arrived legally, but who might not have had entry papers because they are seeking asylum are often treated far worse than most criminals. Even children are held in jails with no schooling and little contact with any kind of attorney.