quote:

ORIGINAL: KenDckey

I don't intrepreit it that way. 

I see 2 requirements in trespass. 

42 A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
43 TRESPASSING IF THE PERSON IS BOTH:
44 1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
45 2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).

Under the first provision if you are in the state you are guilty.   That include the police itself.   Everything turns on the second provision. 

As I read the enforcement I found the legal consequences of violation, but nothing to indicate any race, religion, color, whatever as guidelines in determining other than what  the Fed had to say about their legal status. 

ARS 13-1501.1.b(2) says 2. "Enter or remain unlawfully" means an act of a person who enters or remains on premises when the person's intent for so entering or remaining is not licensed, authorized or otherwise privileged except when the entry is to commit theft of merchandise displayed for sale during normal business hours, when the premises are open to the public and when the person does not enter any unauthorized areas of the premises.

I suspect that you are referring to ARS 13-1509 which is word for word the same as SB 1070.   Didn't see a change of definition in there anywhere.   Just a new provision.

So you need to show me the definiton change.

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=13

quote:

Title 13, chapter 15, Arizona Revised Statutes, is amended by
adding section 13-1509, to read:

quote:

ORIGINAL: KenDckey
Another one of your issues is the carrying of ID.  I believe that is covered under 8 U.S.C. § 1304(e)  (below) Therefore, the US Code requires, not just Arizona, the carrying at all times of the appropriate identification.   Not unique to Arizona.

quote:

You actually don’t see many people discussing this. But to obtain work, like anyone else, unless it is done illegally by the employer, you must show citizenship documents. Sheriff Joe is working on filling Tent City using this until SB 1070 works it’s way thru the courts - my opinion.

quote:

ORIGINAL: KenDckey

Ken   You are ignorning the other law violation that must happen before the trespassing part kicks in.   Was your hypothetical jogger running from the scene of a murder?   Was s/he carrying a rifle while running?  Was s/he unable to speak English?  And I don't believe jogging is within the intent of carry documents at all times, do you?  what's going on there that triggered the SB 1070 requirement?   

quote:

13-1509. Willful failure to complete or carry an alien registration document; exception; authenticated records; classification

A. In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 United States Code section 1304(e) or 1306(a).

B. In the enforcement of this section, an alien's immigration status may be determined by:

1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status.

2. The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 United States Code section 1373(c).

C. A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in the enforcement of this section except to the extent permitted by the United States or Arizona Constitution.

D. A person who is sentenced pursuant to this section is not eligible for suspension of sentence, probation, pardon, commutation of sentence, or release from confinement on any basis except as authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or the person is eligible for release pursuant to section 41-1604.07.

E. In addition to any other penalty prescribed by law, the court shall order the person to pay jail costs.

F. This section does not apply to a person who maintains authorization from the federal government to remain in the United States.

G. Any record that relates to the immigration status of a person is admissible in any court without further foundation or testimony from a custodian of records if the record is certified as authentic by the government agency that is responsible for maintaining the record.

H. A violation of this section is a class 1 misdemeanor, except that the maximum fine is one hundred dollars and for a first violation of this section the court shall not sentence the person to more than twenty days in jail and for a second or subsequent violation the court shall not sentence the person to more than thirty days in jail.

quote:

ORIGINAL: KenDckey

Judge Bolton's order: Judge Bolton enjoined this provision. She determined that the provision requires law enforcement officers to determine the immigration status of all individuals arrested in Arizona, not just those who are reasonably suspected of being in the country illegally (nearly 37,000 people were “arrested” last year in Tucson alone).

http://www.azdatapages.com/sb1070.html

Even Judge Bolton said in her order that they have to be arrested first.

Also the training video said it.

quote:

ORIGINAL: DomKen

quote:

ORIGINAL: KenDckey

Ken   You are ignorning the other law violation that must happen before the trespassing part kicks in.   Was your hypothetical jogger running from the scene of a murder?   Was s/he carrying a rifle while running?  Was s/he unable to speak English?  And I don't believe jogging is within the intent of carry documents at all times, do you?  what's going on there that triggered the SB 1070 requirement?   

I've reread the law again and no where can I find anything that says this is only a charge that can be filed after an arrest for another crime.

Here's the whole law, please point out the part that says this

quote:

13-1509. Willful failure to complete or carry an alien registration document; exception; authenticated records; classification

A. In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 United States Code section 1304(e) or 1306(a).

B. In the enforcement of this section, an alien's immigration status may be determined by:

1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status.

2. The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 United States Code section 1373(c).

C. A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in the enforcement of this section except to the extent permitted by the United States or Arizona Constitution.

D. A person who is sentenced pursuant to this section is not eligible for suspension of sentence, probation, pardon, commutation of sentence, or release from confinement on any basis except as authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or the person is eligible for release pursuant to section 41-1604.07.

E. In addition to any other penalty prescribed by law, the court shall order the person to pay jail costs.

F. This section does not apply to a person who maintains authorization from the federal government to remain in the United States.

G. Any record that relates to the immigration status of a person is admissible in any court without further foundation or testimony from a custodian of records if the record is certified as authentic by the government agency that is responsible for maintaining the record.

H. A violation of this section is a class 1 misdemeanor, except that the maximum fine is one hundred dollars and for a first violation of this section the court shall not sentence the person to more than twenty days in jail and for a second or subsequent violation the court shall not sentence the person to more than thirty days in jail.

quote:

ARS 13-1509

quote:

ORIGINAL: luckydawg

quote:

ORIGINAL: DomKen

quote:

H. A violation of this section is a class 1 misdemeanor, except that the maximum fine is one hundred dollars and for a first violation of this section the court shall not sentence the person to more than twenty days in jail and for a second or subsequent violation the court shall not sentence the person to more than thirty days in jail.

2. A misdemeanor has been committed in his THE OFFICER'S presence and probable cause to believe the person to be arrested has committed the offense.

quote:

ORIGINAL: KenDckey

Hey Dawg   He doesn't believe that something has to trigger the arrest.   He thinks, or at least it appears to me, that it can only be color.   Are there going to be mis-steps? Of course.   Just like they can arrest anyone on suspecion of commiting any crime.   He is concerned that mere presence is all that is required.   I wonder sometimes  I do.