Jul 1, 2010 8:02 PM
This is one of the meatier sections of the training tape. It delves into the specifics of the bill and informs officers on the criteria that they may use in ascertaining reasonable suspicion that an individual may be an illegal immigrant.
:15 - "The law applies when an officer has made a lawful stop, detention or arrest for a violation of law. If during that detention the officer finds that reasonable suspicion exists that the particular person detained is an alien and is unlawfully present the officer has certain decisions to make."
1:25 - "You really can only have 3 kinds of contacts, you can have consentual contacts, you make a stop, or have an investigatory detention, or you make an arrest. Those are the only kinds of contacts you have with individuals. 11-1051 doesn't apply to consentual contacts, it applies only when you make a lawful stop, detention or arrest of an individual.
1:58 - Discussing ARS 11-1051 - "If you develop reasonable suspicion to believe that person is both an alien and unlawfully present in the United States, you have a responsiblity to make a reasonable attempt, when practicable, to determine the immigration status of the person who is stopped. There is an exception in the law for any circumstance in which you believe that making taht determine or inquiry would hinder or obstruct your investigation, in those circumstances you do not have to make that inquiry."
6:00 - "We're talking about separate reasonable suspicion. We have reasonable suspicion that the crime has occured or is occuring or may occur for which we have made the initial stop or the investigatory detention. Now we're developing reasonable suspicion to believe that a person is in the United States unlawfully. You have to understand in these circumstances that what we are talking about is separate reasonable suspicion."
7:45 - "Our advice to you is that you do not rely on race or color at all in the determination of reasonable suspicion to believe that person is in the country unlawfully. The reality is that the ethnic mix of our communities is such that race tells you nothing about whether a person is unlawfully in the United States. Ethnicity tells you nothing about whether or not a person is unlawfully in the United States. Color tells you nothing about whether a person is unlawfully in the United States."
9:20 - Recommendations for officers: First thing, ask for ID. In not all cases is a person required to give ID. If the person does provide a valid ID, then that is the end of the immigration inquiry. If the person does not provide it, then determine if you have reasonable suspicion based on the following criteria.
The following is the criteria from the tape about factors that authorities can use in arising to reasonable suspicion:
1. Lack of identification (if otherwise required).
2. Possession of foreign identification.
3. Flight and/or preperation for flight.
4. Engaging in evasive manuevers, in vehicle, or on foot.
5. Voluntary statements by the person regarding his or her citizenship or unlawful presence. Note that if the person is in custody for purposes of Miranda, he or she may not be questioned about immigration status until after the reading and waiver of Miranda rights.
6. Foreign vehicle registration.
7. Counter-surveillance or lookout activity.
8. In company of other unlawfully present aliens.
9. Location, including for example: A place where unlawfully present aliens are known to congregate looking for work. A location known for human smuggling or known smuggling routes.
10. Traveling in tandem.
11. Vehicle is overcrowded or rides heavy.
12. Passenges in vehicle attempt to hide or avoid detectino.
13. Prior information about the person.
14. Inability to provide his or her residentail address.
15. Claim of not knowing others in same vehicle or at same location. Providing inconsistent or illeogical information.
17. Demeanor - for example, unusual or unexplained nervousness, erratic behavior, refusal to make eye contact.
18. Significant difficulty communicating English. (In next section of the tape it states that federal authorities do not use the ability to communication English solely as a criteria for determining reasonable suspicion, but it can be used when in the "totality of circumstances".)
13:09 - "The determination of reasonable suspicion is yours to make. But you need to able to articulate, you need to be able to state the specific facts and circumstances that lead you to the conclusion that this person in front of you is or may be unlawfully in the United States."
16:15 - "If you don't have reasonable suspicion without reliance on race or color, then you don't have reasonable suspicion that a person is unlawfully present."
20:40 - "There is nothing in 1051 that suggests it is appropriate at any point in time to to ask victims or witnesses in criminal investigations about their immigration status. 11-1051 deals solely with suspects in situations of stops, detentions or arrest."
21:00 - "When you has a law enforcement officer have determined that you have reasonable suspicion to believe that a person is unlawfully present in the United States or when you have made an arrest and therefore are going to contact ICE as to whether a person is unlawfully present. You choice you can call ICE, you can call border patrol or you can call a 287g certified officer if there is one in your location or within your agency or within an agency that you can contact locally."