- Joined
- Aug 20, 2009
- Messages
- 49,792
- Reaction score
- 34,098
Reasonable suspicion of a crime requires probable cause. Arrests get ruled invalid all the time because they are found to have been conducted without probable cause.
And once you are arrested, you are required to have due process
Kind of minimizing some steps there.
Reasonably suspecting you of committing a crime has rules to it. Has to be articulable facts that would lead a reasonable person to believe that a crime is being committed.
So, no, ICE can't just stop random people and demand identification because some person looks illegal. They need some really articulable facts to justify it. "He looks Hispanic and wasn't speaking English," doesn't cut it.
No, you're missing the point, and also not making sense, especially that last part; you're saying we don't need to follow the law because people broke the law coming here, which is absolutely asinine and flagrantly unconstitutional. You can't _stop_ a person walking down the street for no reason and then _demand_ ID and then send them to prison for non compliance. You tell me- who "looks" illegal?
To make matters even worse, I've already explained this to people on here--days ago even.The thing is that "didn't have their papers on them" comes after the stop. They need a justification to make the stop in the first place before they can even ask the question about papers.