Judge rules against 'America's toughest sheriff' in racial profiling lawsuit

[Darius11 12]

http://articles.chicagotribune.com/2013-05-24/news/sns-rt-us-usa-arizona-sheriffbre94n0y3-20130524_1_toughest-sheriff-cecillia-wang-saturation-patrols


How does this ass hat keep his job?

And people wonder why there is hate for the police. Thanks for proving all the people who criticized the AZ law right. For the record I was in favor of the law as it was presented, which after you have stopped someone or needed the cops to talk to them for another crime you could ask for papers.

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[Andy9o8 2]

Quote

How does this ass hat keep his job?

I'll give you a hint: if he was Canadian, he'd be mayor of Toronto. And if Rob Ford was Arizonan, he'd be Sheriff of Maricopa County.

[rushmc 23]

Darius11

http://articles.chicagotribune.com/2013-05-24/news/sns-rt-us-usa-arizona-sheriffbre94n0y3-20130524_1_toughest-sheriff-cecillia-wang-saturation-patrols


How does this ass hat keep his job?

And people wonder why there is hate for the police. Thanks for proving all the people who criticized the AZ law right. For the record I was in favor of the law as it was presented, which after you have stopped someone or needed the cops to talk to them for another crime you could ask for papers.

He keeps his job because he is a fair and tough law officer the people like and respect

This fucking law suit is today's politics at its best/worst

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[Darius11 12]

If he is just pulling over people who look Spanish then he is breaking the law, and should be canned. Is this not what was happening?

If he was just asking as stated by the law. To ask for papers and proof of residency from people who are already being investigated, pulled over for another reason then he would be doing his job. This was my understanding of the law, Did i not understand this correctly?

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[rushmc 23]

Darius11

If he is just pulling over people who look Spanish then he is breaking the law, and should be canned. Is this not what was happening?Nope, not what was happening

If he was just asking as stated by the law. To ask for papers and proof of residency from people who are already being investigated, pulled over for another reason then he would be doing his job. This was my understanding of the law, Did i not understand this correctly?

He only asks if someone has been pulled over for another reason

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[Darius11 12]

if that's the case then you are right.

The article made it seem like he was going around just pulling over tan people.

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[Andy9o8 2]

I'm selling shares to a bridge in Washington state. It's an excellent investment.

[Darius11 12]

Andy9o8

I'm selling shares to a bridge in Washington state. It's an excellent investment.

Hold on can i please give you all of my money?

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[rushmc 23]

You are selling out now?

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[kallend 2,027]

rushmc

***http://articles.chicagotribune.com/2013-05-24/news/sns-rt-us-usa-arizona-sheriffbre94n0y3-20130524_1_toughest-sheriff-cecillia-wang-saturation-patrols


How does this ass hat keep his job?

And people wonder why there is hate for the police. Thanks for proving all the people who criticized the AZ law right. For the record I was in favor of the law as it was presented, which after you have stopped someone or needed the cops to talk to them for another crime you could ask for papers.

He keeps his job because he is a fair and tough law officer scofflaw the people racists like and respect

This fucking law suit is today's politics at its best/worst

Judge Snow, of course IS a BUSH appointee.

Did you read the decision? Thought not.

...

The only sure way to survive a canopy collision is not to have one.

[kallend 2,027]

Darius11

if that's the case then you are right.

The article made it seem like he was going around just pulling over tan people.

It's rushmc you're addressing

Here are some snippets from Judge Snow's ruling (MCSO is Mariposa County Sheriff's Office):

The problem with the MCSO's policies and procedures is that they institutionalize the systematic consideration of race as one factor among others in forming reasonable suspicion or probable cause in making law enforcement decisions. To the extent that officers do consider the race of a person in making law enforcement decisions that result in his or her seizure, they necessarily consider race as a factor in forming the reasonable suspicion or probable cause that led to their arrest. It is true that in any given factual setting there may be other facts independent of race sufficient to justify reasonable suspicion that a state statute related to immigration has been violated. But, that possibility does not justify the MCSO's systematic policy in using race as a factor in forming reasonable suspicion. Further, it is apparent that allowing the MCSO to consider race as one factor among others in forming reasonable suspicion will produce irreparable injury to the Plaintiff class.

The MCSO's LEAR policy is not saved by that part of the Supreme Court's decision in Arizona that upheld, as against a preemption challenge, a provision in SB 1070 which provides that, "[f]or any lawful stop, detention or arrest made by a law enforcement official... a reasonable attempt shall be made, when practicable, to determine the immigration status of the person." A.R.S. § 11-1051(B); see Arizona, 132 S. Ct. at 2515-16. The threshold requirement is a "lawful" stop or detention. As explained above, any stop or detention based only on a reasonable suspicion that a person is in the country without authorization, without more facts, is not lawful. Thus, the LEAR policy does not fall under the ambit of A.R.S. § 11-1051(B).

The MCSO further made changes in its policies and instructions to present the appearance of racially-neutral operations without actually implementing such operations. One such measure was the so-called "zero tolerance policy." No officer could provide a consistent definition of that policy as instituted by the MCSO for large-scale saturation patrols. At best, it did not limit in any way a deputy's discretion as to whom to pull over for traffic violations during an operation. By Lt. Sousa's own admission, the zero tolerance policy was specifically designed to "avoid the perception of racial profiling."

After MCSO's 287(g) authority was revoked, Sheriff Arpaio, on national television, professed MCSO's erroneous position that it could continue to enforce federal immigration law absent federal authorization based on this non-existent statute as justification. In relying on Sgt. Palmer's unverified internet research, the MCSO did not make any competent effort to ensure that its legal positions were in compliance with controlling authority, and therefore made no real effort to ensure that its deputies were following the law pertaining to the rights of minorities during such operations.

...

The only sure way to survive a canopy collision is not to have one.

[BillyVance 34]

Darius11

if that's the case then you are right.

The article made it seem like he was going around just pulling over tan people.

What in the hell would you do then? His county is one of the major corridors of illegal alien traffic. He's doing what he can to stem that behavior however he can within the law he works with.

"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

[jcd11235 0]

BillyVance

He's doing what he can to stem that behavior however he can within the law he works with.

Except that he has not been operating within the law.

Math tutoring available. Only $6! per hour! First lesson: Factorials!

[Darius11 12]

BillyVance

***if that's the case then you are right.

The article made it seem like he was going around just pulling over tan people.

What in the hell would you do then? His county is one of the major corridors of illegal alien traffic. He's doing what he can to stem that behavior however he can within the law he works with.


Once we lose the ability to follow the laws that we set and we go against our own principles we lose period. We go from a country that is just to a country that is not. I find that thought horrifying.

No matter what the excuse giving is. Attack on Pearl Harbor or illegal aliens we should learn from our mistakes not constantly repeat them. My .02

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[jakee 1,489]

Quote

He keeps his job because he is a fair....

Or not.

Do you want to have an ideagasm?

[Bolas 5]

The BS part of this is if white people were committing a large percentage of a crime, the police could use the racial information in their profile descriptions.

Most likely the white people questioned once explained the reasoning would have no issues with it either.

Stupidity if left untreated is self-correcting
If ya can't be good, look good, if that fails, make 'em laugh.

[Gravitymaster 0]

Yes, how dare him pull over brown people while trying to stem the flow of illegal Mexicans from Mexico. He should also be pulling over equal numbers of Chinese and Russians.

[Kennedy 0]

They're pulling over people for real violations of the law. Many of those people are Hispanic. They are not pulling people over for being Hispanic. People who want no control on the flow of people over the order claim there is racial profiling. What they want is all illegals left alone (a treatment no one deserves, of any color or nationality, if the break the law).

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[Gravitymaster 0]

My point is I have no problem with them pulling people over for "looking Mexican", if they are looking for Mexicans. How else are they supposed to enforce the law?

I'm quite aware the open borders people see this as a way around the law. If that doesn't work, then they resort to smears and call
you a racist.

[Andy9o8 2]

Quote

then they resort to smears

Like dismissively referring to people as "the open borders people"? Your personal hypocrisy aside, yeah, why discuss policy when you can just call names, and then accuse people of calling names.

Congratulations. You're "that guy".

[Gravitymaster 0]

Andy9o8

Quote

then they resort to smears

Like dismissively referring to people as "the open borders people"? Your personal hypocrisy aside, yeah, why discuss policy when you can just call names, and then accuse people of calling names.

Congratulations. You're "that guy".

If the shoe fits...and apparently it does.....

[Kennedy 0]

Andy9o8

Quote

then they resort to smears

Like dismissively referring to people as "the open borders people"? Your personal hypocrisy aside, yeah, why discuss policy when you can just call names, and then accuse people of calling names.

Congratulations. You're "that guy".

While it doesn't absolve him of guilt, he is kind of right. Look at NCLR. They are by name and purpose inherently racist, and they call everyone who disagrees with them a racist. They play the race card like there are fifty two of them in the deck.

ETA: I don't mean the national conference of law reviews.

If you're not familiar, look into “Reconquista” and “Aztlán”. Also, as much as they claim to reject it, their workers (not just members, but employees and volunteers, have uttered the phrase “Por La Raza todo. Fuera de La Raza nada" more than once.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[rushmc 23]

Andy9o8

Quote

then they resort to smears

Like dismissively referring to people as "the open borders people"? Your personal hypocrisy aside, yeah, why discuss policy when you can just call names, and then accuse people of calling names.

Congratulations. You're "that guy".

you have made your view of judges and courts very clear on this sight

But in the case of this judge, I guess because you agree with his ruling, you like judges and courts

And you get on your high horse and speak of hypocrisy?

Gotta love it

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[wmw999 2,447]

That means that people who "look Mexican" have a higher standard required to maintain their freedom than people who don't. You have to have "your papers" on you at all times, and the police have to believe them -- IOW, if they decide that your (legal) driver's license is forged, it's up to you to prove that it's legal, and not the other way around.

Wendy P.

There is nothing more dangerous than breaking a basic safety rule and getting away with it. It removes fear of the consequences and builds false confidence. (tbrown)

[Andy9o8 2]

wmw999

That means that people who "look Mexican" have a higher standard required to maintain their freedom than people who don't. You have to have "your papers" on you at all times, and the police have to believe them -- IOW, if they decide that your (legal) driver's license is forged, it's up to you to prove that it's legal, and not the other way around. Wendy P.

It reminds me of the routine in the film Born in East LA, where LA-born, Mexican-looking, English-only speaking, Cheech Marin is arrested as an illegal immigrant, and is deported "back" to Mexico because he couldn't prove he was a US citizen with just the papers in his wallet. (Just as I cannot, or you cannot.) Pretty funny.

Also reminds me of the Passbook system formerly used by South Africa to enforce its apartheid laws. Hm, not so funny.