Skip to comments.Judge rules against Arizona sheriff in racial profiling suit
Posted on 05/24/2013 4:34:30 PM PDT by South40
PHOENIX (Reuters) - A federal judge on Friday found hardline Arizona lawman Joe Arpaio had violated the constitutional rights of Latino drivers in his crackdown on illegal immigration, and ordered him to stop using race as a factor in law enforcement decisions.
The ruling against the Maricopa County sheriff came in response to a class-action lawsuit brought by Hispanic drivers that tested whether police can target illegal immigrants without racially profiling Hispanic citizens and legal residents.
U.S. District Court Judge Murray Snow ruled that the sheriff's policies violated the drivers' constitutional rights and ordered his office to cease using race or ancestry as a grounds to stop, detain or hold occupants of vehicles - some of them in crime sweeps dubbed "saturation patrols."
(Excerpt) Read more at news.yahoo.com ...
I wonder what the judge would do if Sheriff Joe pulled an Obama and said, we respectfully disagree and did it anyway.
Or we believe we will win at the supreme court and were going to continue.
Does a federal judge have any authority to order a Sheriff around?
So pull them over for a busted tail light, improper lane change, radio too loud, whatever.
And by golly don’t pull over people with two eyes and a nose either. Sheriff Joe, you’re not fooling us!
He’s in a border state whose illegal immigrant base is made up of probably 95% + Mexican nationals. So what’s he supposed to do?
This is like civil war when we’ve surrendered and they other side is still firing cannons.
That is what they do here in Georgia.
So pull them over for a busted tail light, improper lane change, or whatever.
Your records would probably betray this.
Hey do you realize you pulled over 62% Hispanics on tail light infractions?
Yes, but our Hispanic populace is 72.3%
That doesn’t matter. We’re on to you Sheriff.
That's an interesting question.
Thank you GB
Snow was nominated by President George W. Bush on December 11, 2007, to a seat vacated by Stephen M. McNamee. He was confirmed by the United States Senate on June 26, 2008, and received his commission on July 23, 2008.
“Snow was born in Boulder City, Nevada. He received a Bachelor of Arts degree from Brigham Young University (BYU) in 1984” and “Appointed by George W. Bush”
All he needs is probable cause!
Is 30 mexicans in a 10 passenger van probable cause?
Joe, tell the communists judge to go to pound sand!
That would do it.
So “Judge Penispumper”, just how are the sheriff deputies supposed to stop drunken “Hispanic” drivers without being “unconstitutional”? Any suggestions?
I pile on Bush a lot. In this instance I think his infraction was appointing or relying on the wrong people to do his research as to who would be a sound judicial pick.
He hasn’t got the time to do this himself. Even Reagan had some of the same problems. It has been my take that his staff wasn’t always as in tune with his policies as even he would have liked.
While Bush may be a victim of the same thing, I still don’t think Bush was a died in the wool Conservative. May have a been a nice guy, but he was just lost on some subjects.
For you and I, the Conservative mantra pretty much spews when a subject comes up. With Bush, he had to sit back and think about it, and then he still got it wrong all too often. That’s not good.
Affirmative action in reverse...
We like to refer to it as affirmative inaction.
I agree, who was his chief of staff , that is the person at fault. my guess is this guy may have been recommended by John Mcpain.
Oh, you don’t mean it... LOL
Sheriff joe response Sprechen Sie Englisch? Nein? Sehr Gut! You are under arrest! See they could not speak English, so I arrested them. ( in fine print Joe could ask in Navajo too). english is just derived from a Germanic language so he is actually asking in English.
A rare true funny bit and of course, NSFW.
Hence, considerations about race trump probable cause. Now, where is that in the Constitution???
His father was Mormon bishop, Karl Stanton Snow. How many of Snow’s relatives fled to Mexico because they were polygamists?
Sounds like a conflict of interest to me!
I think you can stop anyone with probable cause...not sure what a saturation patrol is??
Stopping everyone is proof that the authorities don't have it.
There was no claim by the plaintiffs in this suit for monetary damages. Their main thrust in this suit could have been to tar Arpaio with a tag of “racist” so as to weaken and divert attention away from Arpaio’s Cold Case Posse’s pending report on Obama’s birth certificate, which could cast more doubt on Obama’s constitutional eligibility for the presidency and could lead to criminal charges of fraud against some of his henchmen.
Sheriff should send out his posse targeting that judges car. Stop him numerous times to show they’re not profiling.
Agreed. Please see my post # 33.
Lack of standing!
“A federal judge “
Let’s profile his honor and see if minority defendants are treated differently from others.
The end is near. Cross your fingers and hope, hope, hope.
I have never liked the ‘let me see your papers’ aspect of check-point stops. It wreaks of a totalitarian state. We’ve had them in my state for the last 35 years that I know of.
Make the penalty as stiff as you want for folks who are caught, but don’t make everyone prove they’re not guilty by having to stop for no reason at all.
I know a lot of folks will disagree with me on this.
I think you’ll find it if you head out for the second star to the right, and keep going straight until morning...
At best, it's a linguistic group.
Arpaiao can use lack of knowledge of English as probable cause to investigate. Turns out the guy is a LPR, no problems.
Or if he has a valid passport and visa.
The judge is a moron. And any decent attorney can bury his decision.
Invasion is not a civil right.
Actually, liberals have hated Arpaio for years. And I don’t believe for a moment that they are pulling people over based on appearance. My Filipino-born son can very easily pass for a Mexican, but he has never been targeted for anything. Of course, maybe that is because he has a license and speaks English and doesn’t drive around with three times as many passengers as seats...
Profiling by sheriff forces declared illegal, so what about IRS (Intimidation Revenue Service) profiling?
Sheriff.... a name over a thousand years old,,,first American Sheriff in Virginia in 1620.
This is probably the critical part of the ruling, thanks to Obama:
“Until December 2011, the MCSO operated under the erroneous assumption that being an unauthorized alien in this country established a criminal violation of federal immigration law which the MCSO was entitled to enforce without 287(g) authorization. However, in the absence of additional facts, being within the country without authorization is not, in and of itself, a federal criminal offense.”
Looks like the ruling is based on Obama’s refusal to enforce out borders...