ACLU Claims Sixth Constitutional Abuse Due to SB 1070's "Papers Please" Provision

Categories: News
no-1070-sign.jpg
Nevele Otseog


The American Civil Liberties Union of Arizona claims to have documented a sixth instance of constitutional violations thanks to the "papers please" provision of SB 1070.

The ACLU is taking legal action in the latest incident, marking the second time the organization has taken legal action on these grounds since the "papers please" provision took effect in September 2012.

See also:
-Tucson Man Detained Thanks to "Papers Please" Provision of SB 1070

As the nickname of SB 1070's section 2(b) implies, it requires law enforcement officers to try to verify a person's immigration status if they have a "reasonable suspicion" that the person might be in the country illegally. It's not difficult to see how that could lead to racial profiling, and the ACLU claims it has, on several occasions.

The latest case took place in Tucson in October. Agustin Reyes and Arturo Robles were pulled over on October 8 for a broken license plate light. Neither man had a driver's license but gave the officers their names.

According to a notice of claim filed by the ACLU, one of the officers asked where the men were "from," and when they didn't answer, he "accused both men of being from Mexico." The officers called Border Patrol, and they all waited at the traffic stop for about a half-hour for Border Patrol to arrive, whereupon Reyes and Robles were taken into custody.

The ACLU's notice of claim points out that citations for having a broken license plate light and driving without a license don't normally result in detention. Especially questionable is the detainment of Robles, the passenger, who was never cited for anything. Thus, it certainly appears that Robles was detained "solely on suspicion of unlawful presence," according to the ACLU's notice of claim.

Down in Tucson, the Arizona Daily Star wrote about the traffic stop. Reyes, an anti-SB 1070 activist, actually called fellow activists during the stop, sparking a bit of a showdown between cops and protesters. That all happened after Border Patrol had arrived, so it didn't really have a bearing on the circumstances of the traffic stop.

The notice of claim, which is something of a precursor to a lawsuit, alleges a couple of constitutional violations -- freedom from unreasonable seizures, and equal protection of the law -- as well as false arrest.

ACLU of Arizona executive director Alessandra Soler said the following in a statement:
"Though Chief [Roberto] Villaseñor has opposed SB 1070 in the past, his department's recent actions speak louder than words. His officers are hiding behind SB 1070 to justify prioritizing immigration enforcement above public safety, and these practices are creating an even greater divide between Tucson police and the community. He has adopted Arpaio-style policing practices that are impermissible under our Constitution, including questioning passengers about their immigration status and detaining people based on nothing more than skin color. It's time to hold him accountable and stop these abusive practices.

Got a tip? Send it to: Matthew Hendley.

Follow Valley Fever on Twitter at @ValleyFeverPHX.
Follow Matthew Hendley at @MatthewHendley.



My Voice Nation Help
128 comments
robert_graham
robert_graham

I'M SICK OF ARGUING WITH YOU LAME ASS JERKS WHO ARE SO MUCH IN DENIAL ABOUT THIS WHOLE THING. I'M OUTTA HERE FOR NOW.

robert_graham
robert_graham

"one of the officers asked where the men were "from," and when they didn't answer, he accused both men of being from Mexico." 

Really?  First of all, why didn't the men answer?  It's not illegal for police to accuse a suspect of being from Mexico when they are! 

"The officers called Border Patrol, and they all waited at the traffic stop for about a half-hour for Border Patrol to arrive, where upon Reyes and Robles were taken into custody."

Nothing wrong with that so what the fuck is their problem?  Did they think that being detained for more than five minutes is a violation of their rights?  They must think they are above the law, right?  If I'm pulled over by police for any reason, I can be detained as long as it is necessary AND SO CAN ILLEGALS!

The lawsuit is frivolous and will be dismissed.

robert_graham
robert_graham

How fucking frivolous -- the Supreme Court ruled that officers can ask for papers!  The illegals' car had a burned out light so police had every right to pull them over!

danzigsdaddy
danzigsdaddy topcommenter

there is a famous theory called the "100 monkeys theory"..........it says if you put 100 monkeys at 100 typewriters for 100 years......eventually one of them will type the works of Shakespeare................we have how many supposedly educated law makers that have been trying for how long to write a law correctly? or at least one we could understand and not find inherent flaws in?  (just a sidebar observation here, but, doesnt Joe have a typewriter???? looks like someone is still testing that theory........he still has 18 years left to prove it)

bilgeez
bilgeez

So what's abusive about getting rid of illegals that abuse all of us by being here? Only the Dumbocrat- NWO -Agenda 21 loving- kool aid drinkers think its abuse! I suppose you like illegals working for $2 an hour under the table, so you have an excuse not to get a job and can stay on welfare? 

MaskedMagician1967
MaskedMagician1967 topcommenter

Racial profiling was always a possibility when the Supreme Court upheld Section 2 (b) of BS1070.

I do think the Supreme Court should void the entire law, especially given what the DOJ and Judge Snow found regarding the Fetid Fossil of MCSO....

DNichols
DNichols

SB1070 "Racist Desert Wasteland"


Pearce, Brewer, and Arpaio currently reining.


One day these Reining G.O.P. Extremist Racists will be gone, and Arizona will once again get along as good Human Beings.

Flyer9753
Flyer9753 topcommenter

@robert_graham  GOOD!


Don't let the door hit you on the way out and don't bother coming back!


danzigsdaddy
danzigsdaddy topcommenter

@robert_graham  its not wrong to accuse them of being from Mexico? if thats true why did you get so upset when someone accused you of being a pedophile? there was nothing wrong with it was there? they had every right to accuse you of it on a public forum right?...............................wrong. accussining them of being from Mexico was just as wrong as accussing you of being a pedarist

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham  um??? uh...........................where does it say they were illegals twit? it says they were activists...............nowhere at all does it mention their actual citizenship....................nice try though.

Flyer9753
Flyer9753 topcommenter

@bilgeez  Hey Bilgeez, I have a question for you....


Which states take the most welfare from the Fed???

Which states have the highest # of welfare filings???

Which states have the most unwed pregnancies and the most teenage pregnancies??


Red RepubliCON states.... 

WhoKnows
WhoKnows topcommenter

@bilgeez  Only a moron would think all Hispanics are illegals.  And we can tell what cloth you're cut from....  Those AZ schools did you well - what, you got a 5th grade education?

john043012
john043012 topcommenter

@MaskedMagician1967 Racial profiling, I am not sure of what part of the country you are from but in Arizona there aren't that many car loads of illegal immigrant  Swede's  driving around .

danzigsdaddy
danzigsdaddy topcommenter

@MaskedMagician1967  not saying you are wrong or right on voiding the law entirely, just pointing out a problem with that............with laws being constantly enacted, repealed, rewritten, stricken, proposed, endorsed, misworded, thrown in with other bills or laws, poorly worded, poorly planned or whatever else you can think of.......the general public is confused as to what laws and or rights they have on the table anymore. from state to state you never know what laws you are breaking and where you are breaking them. we have federal law and state law and they are not always the same. you have laws that are enforced according to law enforcements discretion (I.E: doing 4-5mph over the limit, jay walking, etc, etc). by factoring in all of these things...........this is where you get your confusion and things like racial profiling and or violated rights. i am pretty conservative and am against illegal immigration but am considered an outcast by many people in my party because i DONT blame the illegals and the liberals for the problems we have...........i blame ALL of our lawmakers for making these laws so piss poor worded and piss poor planned. the whole bill of SB1070 was so poorly planned and then when parts were struck down and others enforced (and AGAIN.......poorly worded and planned) THAT is where we started running into so many of these problems. my best example of NOBODY giving real thought or planning into laws or their enforcement is the whole Arpaio/Snow deal. Snow knew Joe was the king of loopholes and when he handed out his decision (after a lengthy time to consider and word it) he left so many goddam loopholes and gaps in his decision that we have all been on here debating what parts of the order Joe violated and how. i detest the man and want him stopped, but he didnt actually violate much of the decision..........he found the loopholes and used them to his advantage (I.E: community meetings...............show me where in the order that Snow said specifically that Joe had to hold those meetings in the actual community impacted?). i dont think the law should be voided so much as it should have been worded properly. none of our laws are worded that well and thats a BIG problem...........the law isnt black or white and easily defined, its all grey and the winner of a case is whoever can find somebody to define their own interpretation of the law best. we dont need to keep adding and striking laws............we need to word them correctly. the law is supposed to protect us, not confuse or abuse us

danzigsdaddy
danzigsdaddy topcommenter

@Flyer9753 sniffle, sniffle..............................i miss the little twit already......................................hahahahahahahahahahah

robert_graham
robert_graham

@danzigsdaddy @robert_grahamYes it's wrong to call me a pedophile because I'm not and it's called slander. However calling them from Mexico is not wrong because they are from Mexico... you fucking idiot!

robert_graham
robert_graham

@danzigsdaddy Go ahead and spin it any way you want but fact is it's a frivolous lawsuit. See my first comment above.  Regardless of who they say they were fact remains they are illegal aliens or suspected illegal aliens and that is why Tucson police contacted Border Patrol. Everything went according to proper police procedure and protocol SO END OF STORY!  Illegal aliens are NOT above the law.

DonkeyHotay
DonkeyHotay topcommenter

@Flyer9753 @bilgeez  


Which States have the lowest average I.Q.s?


Which States have the lowest educational achievement levels?


Which States have the highest incarceration rates?


Which States have higher rates of Superstitious Nonsense -- i.e. Religion??

robert_graham
robert_graham

@WhoKnows @bilgeez No I don't think all Hispanics are illegal. In fact most are not but regarding this THEY ARE illegal. All evidence leads to the fact they are. Like I said, if they weren't, Border patrol would not have taken them away because they can check to see who is and who is not illegal.

Ponder
Ponder

@ whoknows

Who thinks all Hispanics are illegals? Who's education are you referring to?

danzigsdaddy
danzigsdaddy topcommenter

@WhoKnows  are you kidding me?? no mention of the kidnapping?? he also changed his story of how he TRIED to stop the "French Connection" from how he DID stop the "French connection".............i tried to be fair and watch it (I DO approve of some of the things he has running, like burying the indigent.........but he even screwed that story up)..............i made it about 4 minutes and 20 seconds in before i couldnt take it anymore (i think i gave it more time than i ever thought possible)

DNichols
DNichols

@WhoKnows


Arpaio didn't mention his trained Taser/Beating "Goon Squads"  killing an Iraq War Veteran that had committed "NO Crime" before he could even see a court room! 

This is Arpaio's Message, beside Racism, and Hate.


Oh Marty Atencio was Hispanic wasn't he?!


Arpaio makes me sick, he has a "Method to his Madness", its simply "Racist Madness"!


This orfice  need to be removed, and replaced.


Thanx for the link, it made me want to vomit.

Flyer9753
Flyer9753 topcommenter

@WhoKnows @DNichols  oh boy... time to have some fun....


That vid is screaming for a comment with a complete accounting of all of Joes transgressions to date...

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham but can you prove you are not?? well until you can prove it, is it okay to keep saying you are? no it is not, nor is it okay to accuse someone of being an illegal because they are excercising the right to remain silent

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham AGAIN twit.......................WHERE DOES IT SAY ANYWHERE THAT THEY ARE FROM MEXICO

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham you dont understand anything about verifying a identity do you? do you think it is instantanious? wrong, thats why the police can hold you for a few days SO THEY CAN ESTABLISH YOUR IDENTITY.....................the same applies for ICE

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham regardless?????? who is contesting the stop?? i am calling you a twit and a liar because you are claiming them to be illegal when there is NOTHING saying they are other than you

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham  then the case wouldnt have gotten as far as it has moron. i do believe they antagonized it, but i also dont think they were stupid enough to antagonize it if they were illegal

robert_graham
robert_graham

@danzigsdaddy @robert_graham You are in denial! They are illegal aliens. They were puleld over for a burned out taillight. Police had every right to stop them. 

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham you really are that stupid arent you? where do i say it was not a legit stop? where do i say they were in the right? i have yet to see one thing other than your claims that they were illegal

robert_graham
robert_graham

@danzigsdaddy @robert_grahamLet me tell you the facts: they were stopped LEGITIMATELY for an equipment violation. When police asked the driver for ID they did not have it.  Then when police asked them where they are from but they did not answer.  So because it was obvious they may be from Mexico, the cops called Border Patrol who checked them out and took them in eiter for being illegal aliens or like you say 'suspected" illegal aliens. What is wrong with this picture? NOTHING! So shutup. Again you are in denial.

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham  are you so fucking stupid that you think they have everything in their arsenal to determmine someones identity in each and every vehicle? how about fingerprints? pictures ? entire databases of info? inter agency communication? twit, they take them in to determine who they are

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham again you are wrong.............he only follows what laws he wants and to the extent he wants

robert_graham
robert_graham

@danzigsdaddy "they all waited at the traffic stop for about a half-hour for Border Patrol to arrive, whereupon Reyes and Robles were taken into custody." If they are not illegals then Border patrol would not have hauled them away. You are in denial.

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham and again............................were does it say ANYWHERE that they were illegals?? that is one of the debates going on on this same blog twit. and by the way, i never said illegals were above the law....................nor are sheriffs

Ponder
Ponder

@whoknows I agree his statement is inflammatory and I don't personally agree with his opinion...but he didn't call all Hispanics illegal.

Idiotic-Idiotic - Definition and More from the Free Merriam-Webster Dictionary

www.merriam-webster.com/dictionary/idiotic

id·i·ot·ic. adjective \ˌi-dē-ˈä-tik\. Definition of IDIOTIC. 1. : characterized by idiocy . 2. : showing complete lack of thought or common sense : foolish. — id·i·ot·i·cal· ...

Making unfactual statements which lack any thought or common sense in response to a comment you think is 'idiotic' is quite ironic.

Yes, I passed the 4th grade.

WhoKnows
WhoKnows topcommenter

@Ponder  bilgeez - can't you see how idiotic his statement is?  Did you pass 4th grade?

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham thats what you said about the last case..............................man were you wrong

danzigsdaddy
danzigsdaddy topcommenter

@john043012 this incident has a lot to do with Arpaio and every other law enforcement agency in Arizona. its those people and the way they are enforcing those laws that are being brought into question, not the people who are being caught by the laws

john043012
john043012 topcommenter

@danzigsdaddy This incident has nothing to do with Arpaio or his deputies it has to do with Villasenor and his staff. If the Hispanic activists continue down the road of entrapping cops it will backfire .

danzigsdaddy
danzigsdaddy topcommenter

@john043012 dont put absolute faith on that. with every case that is being put up before the courts and every instance where Joe and MCSO buck against the rulings of Judge Snow, cases like this are becoming more and more plausible and have a greater chance of succeeding. i am not saying they will or will not win, but i am telling you that the more cases that are submitted the more likely at least one or two have of winning. Joe and MCSO losing their case started a possible losing streak for SB1070 and its supporters. at this point...........anything is possible

danzigsdaddy
danzigsdaddy topcommenter

@WhoKnows and that people would believe this crap is where the other article comes up with the insane number of 57% of Arizonan's trusting their state government.


WhoKnows
WhoKnows topcommenter

@danzigsdaddy @WhoKnows  I was luck..  After I turned on the TV this morning, I went into to bathroom and was able to take a crap as I listened to it!

danzigsdaddy
danzigsdaddy topcommenter

@wherewasi i really cant believe that you would post a little teaser comment about what has just got to a hysterical story and then leave us all hanging like this...........and here we all thought you were our friend. FRIENDS SHARE. (does explain JAFfy's absence though)

wherewasi
wherewasi topcommenter

@DNichols @WhoKnows  I have never sent a sympathy card to someone I didn't know before, but I sent one to Marty's family. A COMPLETELY UNNECESSARY DEATH!!! The video is sickening! Thank you for your service, Mr. Atencio. Burn in hell, killers. If you don't have a close relationship with someone with mental health issues, you will never get it.  Our "dear friend" Jaffy got a call from Michael Manning over his sicko posts on one of his websites that were disparaging toward the families of people murdered in Arpaio' s jail. THIS HAS TO STOP NOW!! 

WhoKnows
WhoKnows topcommenter

@Flyer9753 @WhoKnows @DNichols  So you also missed the owners of Turf Paradise praising Joke, after they maxed out their campaign donations and Joke went after the state racing commission for not granting licences to the illegals working the track!


As I said before, sitting on a toilet and taking a crap was the best way to watch this bull shit!

Flyer9753
Flyer9753 topcommenter

@WhoKnows @Flyer9753 @DNichols  I actually didn't get that far into it... too much bile was coming up the back of the throat...


It went away when I shut the vid off

WhoKnows
WhoKnows topcommenter

@Flyer9753 @WhoKnows @DNichols  Didn't you like the part where Pearce was interviewed in what looked like a real office, and he was still called "State Senator Pearce", knowing it was filmed in 2014?

Now Trending

Phoenix Concert Tickets

From the Vault

 

Loading...