Stan Geiger

Unconstitutional Arizona?

I've seen the protests on TV. I've heard the words of the great one in the White House. I've read the odd blog entry. When it comes to Arizona's immigration law, the words "unconstitutional" and "profiling" come up a lot. I call bullshit.

A couple of years ago, I made a left turn in front of a cop while heading into my apartment complex. He got a look at me as I made the turn. He followed me into my parking space. I started to get out of my car but was ordered to stay put. I complied. After all, he was the one with the badge and gun.

The officer then asked me to do what? Well, he asked for my DL and proof of insurance. That's right. I had done nothing wrong, yet I was asked to "show my papers."

As it turned out, I closely resembled a criminal for which the cops were looking. Once the officer realized he had the wrong guy, he returned "my papers," apologized and went on his way.

I was a bit startled. I was inconvenienced for, maybe, two minutes. Were my constitutional rights violated? I was profiled. I had done nothing wrong, yet I was challenged by a cop. Were my constitutional rights violated?

No court in the land would say so. But then I am a white, Christian, heterosexual, male citizen that was born here and have lived---and paid taxes---here for 52 years. That puts me at the bottom of the dog pile when it comes to constitutional rights.

I recall another instance, further back in history. I was in a north side bar some 17 years ago. It was a bar that had a bad reputation with the cops. They came in, blocked the front door and the back, then gathered up every ID in the house so they could call in for wants and warrants. I don't know if they were looking for a particular individual or if they were just on a fishing trip. Either way, I had done nothing wrong. There was no need for them to mess with me.

I was profiled for being in the wrong bar at the right time. I was asked to "show my papers." Were my constitutional rights violated?

You might check with a lawyer on this, but I'm pretty sure the law compels me to identify myself to a law enforcement official anytime a law enforcement official requests that I do so. And, I'm required to properly identify myself. If I lie, I can be prosecuted.

Speaking of fishing, if I were out on a lake wetting a line and along came the game warden, and that game warden asked to see my fishing license, asked me to "show my papers," would he be violating my constitutional rights?

I have never encountered one, but these days cops set up checkpoints. Citizens doing nothing but driving down the road can be waved off to the side, at which time cops crawl up their butts with a microscope. They check for DLs and proof of insurance; they check for the absence of seat belt wearing; they check tags; they look around for any baggy of pot on the seat. In plain view, it's fair game. And, of course, they call in for wants and warrants. All that is done in the complete absence of probable cause. The courts have no problem with it.

Given all that takes place in this country, coast to coast and border to border, every day, I don't see how one can argue that an Arizona cop can't walk up to an Hispanic---under a law that requires reasonable suspicion---and ask for proof that said Hispanic is in this country legally.

How is that unconstitutional?

---