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wrenchwench6/25/2012 11:52:40 am PDT |
re: #34 lawhawk
Correct. The decision gives states guidance as to what the Court would consider constitutional and unconstitutional. Similar laws in other states that have gone down the AZ 1070 route would find those laws unconstitutional, but Sec. 2(B) provisions might be unconstitutional as applied - it would depend on whether law enforcement is in compliance with state and federal law (and constitutional requirements).
They already do these check in a number of jurisdictions, but only after an arrest while the suspect is in detention, and it’s done under the supervision and training of ICE, which helps keep them in compliance with federal law. Looks like it’s the potential delays during a non-arrest stop that could get them in trouble, in addition to lack of a good initial reason for the stop.