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<blockquote data-quote="tonyexpress" data-source="post: 730731" data-attributes="member: 1940">Myth No. 4: The law will require Arizona police officers to stop and question people. &nbsp;Reality: The law only kicks in when a police officer stopped, detained, or arrested someone (<a href="http://www.azleg.gov/legtext/49leg/2r/summary/h.hb2162_ccmemo.doc.htm" target="_blank">HB2162</a>). The most likely contact is during the issuance of a speeding ticket. The law does not require the officer to begin questioning a person about his immigration status or to do anything the officer would not otherwise do.&nbsp;Only after a stop is made, and subsequently the officer develops reasonable suspicion on his own that an immigration law has been violated, is any obligation imposed. At that point, the officer is required to call ICE to confirm whether the person is an illegal alien. &nbsp;The Arizona law is actually more restrictive than federal law. In <a href="http://www.oyez.org/cases/2000-2009/2004/2004_03_1423" target="_blank">Muehler v. Mena</a> (2005), the Supreme Court ruled that officers did not need reasonable suspicion to justify asking a suspect about their immigration status, stating that the court has<a href="http://www.llrmi.com/articles/legal_questions/2-apr08.shtml" target="_blank"> “held repeatedly that mere police questioning does not constitute a seizure”</a> under the Fourth Amendment).</blockquote>

[QUOTE="tonyexpress, post: 730731, member: 1940"] [U][B]Myth No. 4:[/B] [/U]The law will require Arizona police officers to stop and question people. Reality: The law only kicks in when a police officer stopped, detained, or arrested someone ([URL="http://www.azleg.gov/legtext/49leg/2r/summary/h.hb2162_ccmemo.doc.htm"][COLOR=#315771]HB2162[/COLOR][/URL]). The most likely contact is during the issuance of a speeding ticket. The law does not require the officer to begin questioning a person about his immigration status or to do anything the officer would not otherwise do. Only after a stop is made, and subsequently the officer develops reasonable suspicion on his own that an immigration law has been violated, is any obligation imposed. At that point, the officer is required to call ICE to confirm whether the person is an illegal alien. The Arizona law is actually more restrictive than federal law. In [URL="http://www.oyez.org/cases/2000-2009/2004/2004_03_1423"][COLOR=#315771]Muehler v. Mena[/COLOR][/URL] (2005), the Supreme Court ruled that officers did not need reasonable suspicion to justify asking a suspect about their immigration status, stating that the court has[I][URL="http://www.llrmi.com/articles/legal_questions/2-apr08.shtml"][COLOR=#315771] “held repeatedly that mere police questioning does not constitute a seizure”[/COLOR][/URL][/I] under the Fourth Amendment). [/QUOTE]

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