Friday, June 29, 2012

Hypothetical Situation With a Question

Hypothetical situation: I'll clarify before I begin that I don't know if this is possible or what rules are in place to make sure that this doesn't happen.

In Arizona, Juan Guerrero, who is a 4th generation immigrant from Mexico is speeding.  He gets pulled over for speeding.  He does not have immigration papers because he is not a direct immigrant.  The police office realizes that he is Hispanic (obviously) and asks for said immigration papers.  Juan states that he does not have his immigration papers.  He hands him the driver's license, insurance, registration, etc.  The police officer looks at it and makes the judgment that this information may or not be Juan Guerrero's.  He takes him to jail because that might not be his driver's license but more specifically because he doesn't have his papers. 

Questions:
1. Is this possible?
2. Are people of Hispanic descent required to carry papers with them?
3.  Even if he managed to produce birth certificate, social security card, etc., couldn't the police argue that it is not his?
4. I understand that the Supreme Court when ruling stated that they could not engage in racial profiling when making the initial inquiry (meaning for example. the police officer cannot pull a Hispanic driver over merely for being Hispanic). But what is in place to assure us that this doesn't happen?
5. The Supreme Court said it would leave open the possibiility of challenges due to civil rights cases.  Would this be one of those instances?

In all likelihood, I have this completely wrong.  If you know the answers to these questions or if I'm completely wrong, let me know, please.

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