The Left is having a fit after the embarrassing fiasco of the Obama Regime's presentation before the Supreme Court opposing the Arizona’s anti-illegal immigration law, Support Our Law Enforcement and Safe Neighborhoods Act (SB 1070).
And, as usual, the Left’s argument is based on lies and hysteria. They are even recruiting sommeliers into their campaign. And for some reason the failing Yahoo.com is in the front line. Does Yahoo think that illegal aliens will save it from bankruptcy?
Cecelia Messina [Twitter/ Email] is a Florida woman with some kind of wine business . She’s written a column fantasizing about what would happen if she got stopped by police in Arizona for driving without a license: What Would Happen If I Got Pulled Over Under Arizona's Immigration Law, Yahoo Contributor Network, April 27, 2012.
Let’s get to the meat of her hysteria:
I don't live in Arizona but its immigration legislation is so popular that it's a matter of time before something like it hits my front door. This had me pondering an imaginary scenario, "What if I got pulled over under Arizona's immigration law?"
What if one day while driving the kids to batting practice I get pulled over? The cop comes to my window and asks for my ID. "Sorry, officer, I left home without my license but I just live in this neighborhood, down the street. I promise I won't yield at a stop sign again." Then my kids start asking me in Spanish—because I want them to be bilingual—why the cop pulled me over.
Children naturally use their primary language, not their second language. So, if their parents are native speakers of English, the chances of them just blurting out in a foreign tongue is very low
But her kids start asking her in Spanish? Why??? Is she Hispanic? With a last name like Messina? She wants them to be bilingual?
My irrelevant but probably significant question: why would an Italian American be demanding that at least two of her children learn Spanish? Why not Italian? Are you such a self-hating white that you abjure your heritage for false consciousness and Mexican revanchism?
Ding! I'm a goner!
Another ??? moment. Why are you a goner? Children speaking a foreign tongue is not “probable cause” to make an arrest.
It may be “reasonable suspicion” that one or more persons in the vehicle might be aliens, and therefore sufficient to make a seizure under the 4th Amendment of the vehicle and occupants to further investigative activity under Terry v. Ohio. “Reasonable suspicion” is the standard for a law enforcement officer to detain a person for investigative purposes.
But if you knew anything about which you were writing, you would know that is different from “probable cause”—the standard for a warrantless arrest under the 4th Amendment.
But I am certain our sommelier doesn't know that. I think she just hasn’t the slightest knowledge of the law or of enforcement procedure.
"Ma'am," the cop says "if you can't verify who you are, I will have to restrain [My emphasis—F] you and check your immigration status." I reply "You're kidding, right? I was born here. I'm a registered voter. I pay my taxes and am a staunch believer in 'Superman' and the American way of life."
Hardy har har. She is such a patriotic American that she believes in Superman and the American way of life! Wow, Cecelia should be writing for some urban weekly that survives on marijuana and prostitution advertisements—like HuffPo or the Village Voice. She might be living in San Francisco, she is just so hip, ironic, down with what the kids are saying.
No, the word is not “restrain”—but “detain.”
As in Terry v. Ohio. Terry does give the law enforcement officer the authority to use whatever reasonable force to detain you. But that would be necessary only if you physically resist the officer. Do you need to be restrained? For a woman with two small children “detain” means “Step this way, please.”
To which he replies "Sorry, ma'am, without your ID I can't confirm that you are who you say you are."
More evidence that it’s better to be silent and let people think you are stupid, than speaking up and confirming it.
You see, Cecelia, an officer who stops you has access to something called the National Law Enforcement Telecommunications System (NLETS). This being the 21st Century and all, police officers have access to important databases using something called a computer, either through their dispatcher, or, more likely now, actually in their patrol vehicle. It is called a mobile data terminal. Instant remote access to nation-wide driver license and identification information.
Meaning I could be an illegal immigrant.
Ah, no, Cecelia. Not having a driver’s license in your possession is not necessarily evidence of being an illegal alien (although it’s still an offense). It could be, though. What is real evidence, or actually reasonable suspicion, of being illegal alien, is not having obtained an Arizona driver's license—something which the police officer can easily determine (see above).
You see, Cecelia, you stated you lived in the neighborhood and were registered to vote. That equates to residence in Arizona. And in Arizona, since you are a resident, and you registered to vote, and only residents of Arizona can register to vote, you must also have be issued an Arizona driver's license to drive in Arizona.
Now, not having been issued an Arizona driver's license might be additional evidence of being an illegal alien. But the officer, because this is the 21st Century, will instantly access your driver's license record on his mobile data terminal and verify your identity.
Bam! You got served! Served with a slap upside your empty skull with some facts.
My mind goes crazy wondering what will happen to my kids. I start crying. My kids start crying. The handcuffs hurt my wrists and I can't blow my nose. Neighbors drive by slowly wondering what I did. I am shamed.
You certainly are shamed, but not because you were cuffed and stuffed, but because you were exposed on the internet as a hysterical moron. You opened your trap and confirmed it for the world. You've been served again! D'oh!
In this imaginary situation, the cop pulled me over for a lawful stop. But would he have become suspicious of my status if my kids had spoken English instead? Under Arizona SB 1070, the officer is obligated to determine my legal status if he has reasonable suspicion as to my immigration status.
Not quite. In your scenario, there is no “reasonable suspicion” that you are an illegal alien. Your children spoke a foreign language—but you didn't. The fact that you spoke with the officer in English with an American accent would be enough for him reasonably to assume your American citizenship. Or, more accurately, fluent American English would defeat any suspicion you are an alien.
And, if you have an Arizona driver's license, SB1070 states specifically that is evidence that you are lawfully present—as Arizona does not issue or renew driver's licenses to illegal aliens. D'oh!
Once in custody, I can't be released without confirmation of my legality by the feds. This can take hours, days or weeks...
Wrong again. ICE runs the Law Enforcement Support Center (LESC), which provides support for local law enforcement on immigration issues. And it’s a 24/7/365-including-Leap-Year operation.
And Secure Communities, the fingerprint database of illegal aliens, is also always available, should you be taken into custody.
So, Cecelia, if that is your real name, if you for some reason manage to give a police officer the impression that he has probable cause to arrest you for being an illegal alien, ICE will determine your real status quite quickly anyway.
No one sits in jail for hours, days or weeks for ICE to determine their status. That is just a lie. Illegal aliens do spend days and weeks in jail waiting for ICE to come pick them up—at least they did before the Obama Regime Administrative Amnesty began to release so many of them regardless of their status. But they don't wait so long to have their status determined. They were in jail precisely because ICE has determined that they are illegal aliens and need to be held in custody.
But those safeguards are not working if someone speaking a different language gives rise to reasonable suspicion of immigration status.
Again, the standard for arrest is not “reasonable suspicion”—it is “probable cause.” Not speaking fluent English can establish “reasonable suspicion.” It does not establish “probable cause.”
My conclusion: Cecelia, if that is your real name, you need to get a clue. Stick to wine. Maybe that’s something you know a little about. You know nothing about immigration law, constitutional law, law enforcement technology, and law enforcement procedure.
On a serious note though, Messina and her hysterical emotings are symptomatic of how the Left is running its campaign against patriotic immigration law enforcement. It is a campaign of lies—designed to stampede the public, benefit illegal aliens, and Elect A New People.
I wonder if Messina also owns a winery with illegal alien employees—like Democratic House Minority Leader Nancy Pelosi?
Inquiring minds want to know. That might be a reason for her wild lies about SB 1070.
The blogger Federale (Email him) is a 4th generation Californian and a veteran of federal law enforcement, including service in the legacy Immigration and Naturalization Service, the Department of Homeland Security, and other federal law enforcement agencies.
Federale's opinions do not represent those of the Department of Homeland Security or the federal government, and are an exercise of rights protected by the 1st Amendment to the Constitution of the United States.
