- 86,925
- Rule 12
- GTP_Famine
I don't know, none of us do, Police stations don't jump out and say how many false arrests they make so we can only guess.
You're right, we don't know, that doesn't mean we should assume the best anymore than we should assume the worst. That's why I called it a one-sided story and provided a link to the other side. I don't know which side is right, but I do know his municipality has been successfully sued.
Correct - we should assume nothing as the figures tell us nothing.
Yes. However, arresting every mexican you see from time to time to verify their citizenship is a violation of civil rights. Not the immigrants civil rights, the citizens you picked up along the way.
Yes and no.One man? sure. 1,000 Mexicans in one city at once? No. It's called racial profiling, among other things. They have to have reason, and looking Mexican is not a good enough reason. Says the law, not me.
That's a strange scenario, eh? And racial profiling gets police sued when it's proven. And legally, in your scenario, the officer should check all their I.D.'s.
Yes. And racial profiling is considered illegal by all the courts that grant these people millions of dollars every year. By your reasoning, police should be allowed to arrest every middle eastern cab driver in New York, just to make sure they aren't terrorists. Fact is, they are not allowed to. They must have just cause. You can't arrest everyone you see and hold them for 24 hours, just because they're Mexican, or Middle Eastern, it's a violation of civil rights.
Police are allowed to arrest and detain someone they legitimately suspect of a crime. Being Mexican and speaking broken English is currently not a crime. When it is, it will then be allowable under law.
You're confusing profiling with racism. It's easy enough to do because they look so similar on the surface.
Let's look at another form of profiling.
Driving along the road weaving from side to side, so long as you stay in your lane, is currently not a crime. However, it's a pretty reasonable indicator that the driver is as pissed as a fart. The police would pull that driver over and breathalyse him (or administer a roadside sobriety check, depending on whether it's the US or the UK). If the driver passes the breathalyser/sobriety test he'll be let on his way. If he fails he will be arrested on suspicion of driving under the influence (note that no offence has yet been committed). He will then be taken to the police station and either made to provide a specimen of breath for the evidential breathalyser or have blood taken to prove that he was DUI. Until that proof is obtained, he cannot be charged with any criminal offence - and even if he provided a positive specimen at the roadside, there needs to be a positive specimen on the evidential meter or the police will have to dearrest him.
So weaving about isn't a crime, but it's a good indicator of one. It is then up to the police to prove the offence or let the individual go. I'm sure you'd agree that stopping everyone who is weaving about is good practice?
Now, let's do all that again but with profiling for illegal immigration status...
Being Hispanic and not able to speak English is currently not a crime. However, it's a pretty reasonable indicator that the person isn't in the US legally. The police would stop that person and request proof of their right to remain in the US. If the person provides evidence he'll be let on his way. If he fails he will be arrested on suspicion of remaining in the US illegally (note that no offence has yet been committed). He will then be taken to the police station and investigations would commence to prove that he was an illegal immigrant. Until that proof is obtained, he cannot be charged with any criminal offence - and even if he failed to provide any evidence, there needs to be a proof that he is in the US illegally or the police will have to dearrest him.
So being Hispanic and unable to speak English isn't a crime, but it's a good indicator of one. It is then up to the police to prove the offence or let the individual go. I'm sure you'd agree that stopping everyone who is Hispanic and unable to speak English is good practice?
Be aware that there is a giant chasm between being stopped and being arrested, and an even bigger one between being arrested and being charged. An arrest is merely a temporary function to allow police to retain someone for a short period while satisfactory investigations are made. No crime need have been committed at all for an arrest to be made, but there must be a crime committed and proof of who the perpetrator is in order for charges to be brought.
What if you were arrested along with many of your friends several times? What if they detained you tonight for 24 hours to verify your citizenship? You can say it wouldn't bother you all you like, but you probabley haven't sat in a holding cell for 24 hours without contact to anyone outside, and surrounded by sweaty Mexicans have you?
If I was stopped on suspicion of remaining in the UK unlawfully, I wouldn't be arrested for it. Even without documentary proof of who I am, I can demonstrate it quite convincingly because... well... I am who I say I am.
However, assuming for a minute that I would be arrested, I wouldn't have an issue with it - not least because in the UK I wouldn't be sat in a cell with anyone else. Holding cells in the UK are individual. The police need to prove not only that I'm not who I say I am, but I'm who they say I am - an illegal immigrant - which would be quite difficult for them, before I could be charged with that crime. And if they can prove that, I'd be most impressed.