Joe Arpaio's Sweep Plan Unsealed by Court, No "Exigent Circumstances" Offered
Concerning arrest warrants to be served on juveniles, the doc says the MCSO's Jail Enforcement Division will be doing this earlier in the week as part of the same operation.
"This is due to judicial constraints of serving arrest warrants after 2230 hours without exigent circumstances," reads the doc.
Which seems to suggest that the term "exigent circumstances" does not apply to what happened this past weekend. (And that part of the operation began days before any indication of it was given to Snow.)
Indeed, Stanley Young, the lead attorney for the plaintiffs in Melendres, made a similar point prior to the sweep, in a statement of protest to the court, where Young accused the MCSO of "circumventing" the court's order.
The unsealed MCSO doc includes an admonition that "under no circumstances" will people be "arrested, detained or questioned for immigration status" or will sheriff's deputies use "race and ethnicity" in any law enforcement decision.
MCSO policies regarding arrests and the prevention of biased-based policing are offered, as is a list of participating deputies.
There are forms to be filled out, a map of the area to be patrolled indicating crime activity, and a command to comply with a different judge's order, enjoining MCSO deputies from arresting migrants suspected of conspiring to smuggle themselves into the country.
ACLU legal director Dan Pochoda told me that at first blush, the unsealed document "doesn't look adequate."
The plaintiffs have concerns about the lack of notice given and the apparent absence of exigent circumstances. And there are requirements still to be met, such as a mound of data on the stops, which the MCSO must turn over to the plaintiffs within the next 30 days.
"We will very closely assess whether a motion for contempt [of court] is called for," Pochoda stated.
Thing is, I don't see how Snow could view the sweep and this ops plan as anything but a slap in the face.
Hell, Fox 10 News apparently was tipped off by the MCSO to the sweep before the plaintiffs and the court were informed.
(Seems the plaintiffs' attorneys received a copy of the sealed order on Friday, under a protective order from the court not to discuss it with the media.)
And Arpaio has promised more such sweeps before a monitor is appointed.
The sheriff is pushing Snow, trying to find the bright line. Snow should wrap it around the old man's neck, before Arpaio makes a mockery of six years of litigation, a federal civil rights trial, and the court's ruling that Arpaio and his officers are guilty as sin of racial profiling.
Even an old lion in a cage needs to hear the crack of the whip occasionally. And for this, Joe is long overdue.