Is it a violation of my rights for police to ask for my license and registration if I'm pulled over?
Of course not, so why is a violation of your rights if you're asked to show proof of citizenship? Immigrants are required by law to always carry their green card as proof of citizenship, just as drivers are required to carry their license, proof of insurance and registration.
I understand that many fear that Hispanics will be singled out, and it's foolish to deny it probably will happen sometimes, but the law has been rewritten to prevent racial profiling.
The changes I'm referring to throw out cases deemed to be the result of racial profiling "The attorney general or county attorney shall not investigate complaints that are based solely on race, color or national origin." They also cannot be stopped just because they are Hispanic or suspected to be illegal; a "lawful stop, detention or arrest" must be established before they can request proof of citizenship. I do not believe it violates the 4th Amendment, which only protects against "unreasonable" search and seizure. If the police find sufficient reason to suspect someone they're detaining might be illegal, they should have the right to request proof of citizenship.
- Anonymous1 decade agoFavorite Answer
Excellent question. As a Police Officer. I make a lot of contacts a month.
I have a standard list of general questions I ask. These are presented to
put me and the subject at rest. Depending on the demeanor of the subject
and how the answers are given. I am already planning step B. Plan B is
where years of experience and training come in. You never want to get
to plan C. For that is where all the excitment and exercise comes in.
Giving the officer the opportunity to add an additional tool to his kit is
very important. By allowing the AZ Law Enforcement Community the
opportunity to now have the legal grounds to ascertain status is very
1. It means we do not have to load up county facility's with Illegals.
take the horrible amount of time to Get ICE or Border Patrol to come,
and take them off of our hands. We can now determine status and
disposition all at the same time.
2. If determined the subject is Illegal. transport to ICE or B.Patrol
immediately. Put the strain on the Federal Resources and not ours.
They are the overiding authority, they might as well as deal with it
from the conception of the issue.
As you well stated. No one for the exception of a few, will this be
a carte blanche routine to roust illegals. It is only as i intimated
before another tool in the belt.
Thanks for the chance to express this side.
I really can't wait for this law to become broad based all over the border
areas of the United States.Source(s): Robbery/Homicide Lt. Central Florida.
- danielss429Lv 41 decade ago
Officers are required to have probable cause to ask for this information, and just because a person is of Hispanic origin does not constitute probable cause. There are many Hispanics in this country legally, and it would be their rights infringed upon. Sorry the only way to get by with checking ID's is to set up check points around the country and make everyone have to show ID regardless of race, or sex, and I don't see that going over too well, although they have to provide ID to fly.
- 1 decade ago
Your question depends upon probable cause. Check out the 4th Amendment to the US Constitution. If you are pulled over for breaking the law, the police have a right to review the situation. If you have done nothing wrong, it is an infringement of your rights. Read - it might help you better understand the county in which you live.Source(s): grey matter
- 1 decade ago
Every time someone gets pulled over in Arizona, or anytime any person breaks the law. Police should be required to ask the person who broke the law if they are an immigrant and if so to see the proper identification. No profiling and everyone gets checked problem solved.
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- πLv 41 decade ago
I am a white person who is asked several times a day to show ID. At the bank, to get prescription medication, the library, etc. At the school I work, I have ID fastened to my clothes and must display it all times. I get heat from administration for forgetting it. Before I fill up my car with gas, I have to go into the gas station to show driver's license before they will release the pump. Sometimes before I can use my debit card, I am asked for ID. For employment, I have always been asked to supply a Social Security Card before anyone would hire me.
At least once a month the cops in my community stop motorists in pull-overs for whatever whim the police department has that day. It might be a regular license check, or to see if your tags have expired or smell alcohol or pot in the car. You fork over your registration, insurance, and license each time and get fussed at, or fined, for not having all the paperwork. Cops hassle folks all day long; its part of the job we pay them to do. And just dare to go into a government building without identification...they won't let you in.
On the same note, each time I traveled to Europe, Mexico or Jamaica, I was constantly asked for my papers especially in hotels and trains/bus stations. My luggage was always shook down. All they want to know is one's purpose for being in their country and if the process you went through was legal or not. I understood and was glad to comply. It never occurred to me if I was being singled out or harassed for being a foreigner. It was simply a matter of complying with the host country's regulations, even if it meant whipping out those papers 20 times a day.
- jolleyLv 44 years ago
You asked if a police officer in California pull you over for averting a checkpoint. i'm blind to any regulation that promises me with the authority to offer up somebody who in basic terms chooses to stay away from a DUI checkpoint. it could be confusing to inform, now and lower back, whilst somebody is averting the checkpoint as against whilst somebody is in basic terms making a turn onto yet another highway. The case on ingredient in California is Ingersoll v. Rand. if so, the California superb courtroom relatively authorized of checkpoints and reported the organization undertaking the checkpoint had a technique in place allowing autos which prevented the checkpoint to be stopped basically "...if in averting the checkpoint the driving force did something unlawful, or exhibited obvious indicators of impairment." you likely do no longer possibly understand that useful suspicion (and that's what we bypass by, no longer in all probability reason) did no longer exist to offer up you. you have got had something so straightforward as a registration code gentle out or possibly you probably did no longer sign as required by regulation (i understand you suggested you signalled, yet there are regulations correct to the area at which you should accomplish that). Or, it could be silly to no longer admit it, you would be able to have been stopped for no reason different than given which you prevented the checkpoint. you shouldn't have been, yet there we are. perchance you swerved basically sufficient that the officer felt he had reason to offer up you. hard to declare, I wasn't there. however the base line, and the respond on your question, is that so some distance as i understand averting a DUI checkpoint in and of itself isn't a reason to offer up you. we will stick to you for relatively a at the same time as the place I artwork, yet as quickly as we don't see what the regulation calls for to offer up you, you're on your way.
- 1 decade ago
To start with, if you are Operating a Motor vehicle, you do NOT have any RIGHTS to operate it granted by the government. Operation of a Motor Vehicle is a Privilege!! NOT a RIGHT! So if you are stopped you have NO RIGHT to OPERATE that vehicle and the officer is checking if you Legally have a Drivers License for the PRIVILEGE of driving, and he wants to see if the vehicle is registered legally and not stolen. So if stopped? Remember you have no RIGHTS to be in or operate that motor vehicle unless you meet the requirements of that state to have the PRIVILEGE of operating it!
- Anonymous1 decade ago
Agreeing to be pulled over and show documents is one of the conditions of obtaining a driver's license. Driving is voluntary, and therefore can be regulated. There is no constitutional right to drive.
- 1 decade ago
No, if you're pulled over, the police have cause.
If they stop you on the street because they don't like how you look, they do not have cause and - if you are a citizen - you should be looking for an attorney to represent you.
- 1 decade ago
A Glen Beck quote....?