The difference is that the California law applies post-arrest (subject in custody), but the Arizona law applies pre-arrest (stop and detain without an arrest), but based on reasonable suspicion. However, stops based on reasonable suspicion, without probable cause to arrest, have been around since the early 1960’s, when the SCOTUS decided Terry v. Ohio. In other words, SB1070 gives no new power to the police, but merely focuses it on enforcement of existing federal law, using existing authority and standards of constitutional protections.
Could a citizen of CA, file charges against his local PD for failure to determine the status of an illegal who has committed crimes in the state?
To me the hypocrisy of the current administration on this issue is breathtaking. ICE runs roadblocks a long way from the border where everyone is stopped and whoever "looks" suspicious has to prove that they are legally present in the USA - and that include US citizens. No probable cause, not post arrest, just a plain old roadblock with guys with guns asking questions.
ICE has one in Vermont, on I-91 just south of White River Junction. Why they think they are going to find illegal immigrants there, in the middle of Vermont, is anybody's guess.
And we've got the President complaining that somebody in Arizona might have to provide ID while they are taking their kids out for ice cream. I guess he doesn't mind if we have to do that in Vermont, and unlike Arizona everybody gets stopped (although they wave most of us through since we, uh look like Americans), instead of just someone who already was stopped by the police based on some other probable cause. And in Vermont you can sit in the line of cars on the interstate for quite some time, waiting your turn to get inspected by the ICE guys.