{"id":6400,"date":"2011-12-27T05:38:50","date_gmt":"2011-12-12T20:48:58","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-12-12T20:48:58","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6400","title":{"rendered":"SCOTUS cert grant in Arizona “papers please” law"},"content":{"rendered":"

Cert granted today in Arizona v. United States<\/a>, 11-182. It is not directly a Fourth Amendment case, but it probably will implicate probable cause and reasonable suspicion and suspected illegal aliens.<\/p>\n

From ScotusBlog.com<\/a>:<\/p>\n

Arizona\u2019s governor, Janice Brewer, in taking the fate of S.B. 1070 on to the Supreme Court, is portraying the case as a major test of the sovereignty of the states to make their own social policies under traditional \u201cpolice power\u201d principles. The federal government, which tried unsuccessfully to persuade the Court not to get involved in the case at this point, is treating the case as a test of whether states may adopt their own immigration policies that frustrate specific goals of federal policy.<\/p>\n

With Justice Kagan not taking part, presumably because she had something to do with the issue in her former role in the Obama Administration Justice Department, there is the possibility that the eight participating Justices will wind up split 4-4 in the case. That would have the effect of simply upholding a Ninth Circuit Court decision, but without opinion and without setting a nationwide precedent. The practical effect of that would be that Arizona could not enforce four key provisions of S.B. 1070, blocked by both the Ninth Circuit and, earlier, by a federal District judge in Arizona.<\/p>\n

The four provisions at issue are:<\/p>\n

** A requirement that police in making any stop or arrest to try to determine the individual\u2019s legal right to be in the U.S., if the officer has a \u201creasonable suspicion\u201d of illegality. If arrested, the individual cannot be released until his legal status is verified by the federal government. That is the law\u2019s Section 2(B).<\/p>\n

** A provision making it a crime under state law for an individual to intentionally fail to obtain and carry legal immigrant papers with him while in Arizona (Section 3).<\/p>\n

** A provision making it a misdemeanor for an undocumented immigrant to apply for a job, publicly solicit a job, or actually work in Arizona (Section 5[C]).<\/p>\n

** And, a provision that allows police to arrest without a warrant any person for whom the officer has \u201cprobable cause to believe\u201d that the individual has committed any crime, anywhere, that would make that individual subject to being deported (Section 6).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6400","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6400","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6400"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6400\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6400"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6400"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6400"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}