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To: Fundamentally Fair
Not sure what you're quoting there, but it's decidedly inaccurate -- and leaves out what the judge found was a key mandatory provision. The law actually provides:
For any lawful stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town of this state where reasonable suspicion exists that the person is an alien and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. Any person who is arrested shall have the person’s immigration status determined before the person is released.
The court found that the emphasized language -- left out of your quotation -- required a mandatory determination of immigration status for all arrestees.
318 posted on 07/28/2010 12:48:43 PM PDT by King of Florida (A little government and a little luck are necessary in life, but only a fool trusts either of them.)
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To: King of Florida
Not sure what you're quoting there...

The text of the law.

345 posted on 07/28/2010 1:23:17 PM PDT by Fundamentally Fair (Bush: Mission Accomplished. Obama: Commission Accomplished.)
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To: King of Florida; melancholy
The court found that the emphasized language -- left out of your quotation -- required a mandatory determination of immigration status for all arrestees.

I found that there are various version of the law out there on the 'net, which could add to the confusion. The final law (with all edtis) is as you quote it.

However, the characterization of the law in the press is still wrong. They are presenting it as if it is mandatory for a LEO to determine status for every stop. Not true. They have a lot of discretion. Once an arrest is made, then I read this to mean the check is mandatory.

Further, a good portion of the media is presenting the law as if it either or allows or requires LEOs to stop anyone they suspect of being illegal. This is not the case.

Finally, you may want to acquire a bit of tact.

376 posted on 07/28/2010 2:07:17 PM PDT by Fundamentally Fair (Bush: Mission Accomplished. Obama: Commission Accomplished.)
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