Quote:
Originally Posted by Kevin
My understanding is that the law requires that the suspect has already been detained for some other offense.
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That's my understanding too - I was asking somewhat rhetorically, but I suppose I can be more specific.
Essentially, the law gives local police the authority to do something that would eventually happen anyway (determine citizenship of criminals) - only for non-criminals as well (since, as you noted, "probable cause" is not legally defined as "crime in progress" and for good reason). Is that really a good plan? Does this really provide adequate disincentive for immigration on the whole? Will streams suddenly be sent across the border?
Additionally, I'm basically categorically against any increase in subjective authority to determine probable cause in real time - I can't imagine why others wouldn't be as well, but I'm willing to listen I guess?