Portions of this rant are from a previous rant we put up...but it is well worth the repost...
As we have indicated in the past, the debate over immigration in Arizona is a touchy subject. you are not going to find many people in American who do not agree that there is a need for Immigration reform...in some degree....at a massive level.
The argument is not on the issue, it is on the method. After watching the Sunday political round up...it is very obvious that we are not focusing our arguments in the right area. Curbing immigration by violating the Constitution is just....cheating to win, at the sake of our national, and historical reputation.
If you arrest someone, and SAY that it was not racial profiling, then it ISN'T racial profiling. But, just cause you say it's not, doesn't make it so.
So instead of training their officers to "not racially profile" persons in AZ, they are now training their officers how to conduct stops with Probable Cause, Reasonable Suspicion or what they cal RETROACTIVE Probable Cause... This is where our argument needs to be right now....here is an example of RETROACTIVE Probable Cause and how it can be used to subvert the Constitution.
I GUARANTEE that this will be the premise for a large percentage of the stops in AZ
Now, here is the little hidden secret. Authority figures can squash this "violating 4th Amendment" argument by switching to what is called "the chickensh*t book".
What's "the chickensh*t book"? This is the book that police officers refer to when practicing "retroactive police work." It's a growing trend in police circles with the newer, less experienced police officers who do not know what they have, until after they make their arrest.
Totally Hypothetical Example: Two officers driving down the expressway and see two male white (bandit) types on motorcycles stopped at the tri-light in front of them about to enter the expressway. There has been talk in the town about a motorcycle gang planning to throw a wild, raucous, rowdy, criminally intent party at the local convention center. The officers make the decision to stop the two riders. As they approach, one rider asks the officer, "Why are you stopping us, officer?" The officer tells the rider that he will explain in a minute, then ask for his driver's license and registration. The rider complies. A check for wants and warrants determines that the motorcycle rider is not wanted. But when the rider puts his wallet back into his pocket, the flaring of his jacket reveals the butt of the handgun in his shirt. The officer detains the rider and arrests him for carrying a concealed weapon. Both motorcycles were impounded and the officers conducted thorough inspections of the bikes. During the impound inspection, one officer points out to the other that the tire treads on the back of one bike is totally worn.
The arrest report says that the officers observed the two individuals on motorcycles stopped at a tri-light. The passenger officer noticed that the rear tire on one of the bikes had "regrooved tires (it's illegal to have a tire which the tread has been burned or recut – CVC 27461). During their traffic stop, they observed the weapon in the jacket.
This is an example of retroactively turning an illegal detention into a legal arrest...with the help of a "chickensh*t book".