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Thread: Judge Finds Violations of Rights by Sheriff

  1. #1
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    Judge Finds Violations of Rights by Sheriff

    Very interesting and another example of the challenges with immigration enforcement.


    PHOENIX — A federal judge ruled on Friday that Sheriff Joe Arpaio and his deputies had violated the constitutional rights of Latinos by targeting them during raids and traffic stops here and throughout Maricopa County.

    With his ruling, Judge G. Murray Snow of United States District Court delivered the most decisive defeat so far to Sheriff Arpaio, who has come to symbolize Arizona’s strict approach to immigration enforcement by making it the leading mission for many of the 800 deputies under his command at the Maricopa County Sheriff’s Office.

    At 142 pages, the decision is peppered with stinging criticism of the policies and practices espoused by Sheriff Arpaio, who Judge Snow said had turned much of his focus to arresting immigrants who were in the country illegally, in most cases civil violations, at the expense of fighting crimes.

    He said the sheriff relied on racial profiling and illegal detentions to target Latinos, using their ethnicity as the main basis for suspecting they were in the country illegally. Many of the people targeted were American citizens or legal residents.

    “In an immigration enforcement context,” Judge Snow ruled, the sheriff’s office “did not believe that it constituted racial profiling to consider race as one factor among others in making law enforcement decisions.” In fact, he said its plans and policies confirmed that, “in the context of immigration enforcement,” deputies “could consider race as one factor among others.”

    The ruling prohibits the sheriff’s office from using “race or Latino ancestry” as a factor in deciding to stop any vehicle with Latino occupants, or as a factor in deciding whether they may be in the country without authorization.

    It also prohibits deputies from reporting a vehicle’s Latino occupants to federal immigration authorities or detaining, holding or arresting them, unless there is more than just a “reasonable belief” that they are in the country illegally. To detain them, the ruling said, the deputies must also have reasonable suspicion that the occupants are violating the state’s human-trafficking and employment laws or committing other crimes.

    Tim Casey, a lawyer for the Maricopa County Sheriff’s Office, said the office intended to appeal, but in the meantime it would “comply with the letter and spirit of the court’s decision.”

    He said the office’s position is that it “has never used race and never will use race to make any law enforcement decision.”

    The office relied on training from the United States Immigration and Customs Enforcement agency, he said, adding, “It’s obvious it received bad training from the federal government.”

    The ruling is a result of a federal civil trial last summer in which Sheriff Arpaio and his office were accused in a class-action lawsuit of singling out Latinos for stops, questioning and detention. It says deputies considered the prevalence of Latinos when deciding where to carry out enforcement operations, in many cases in response to complaints based solely on assumptions that Latinos or “Mexicans,” as some complainants put it, were necessarily illegal immigrants.

    Regardless of the type of enforcement — workplace raids, traffic stops or targeted patrols in areas frequented by day laborers — Sheriff Arpaio’s deputies were required to keep track of the number of people arrested on federal immigration violations, as well as state charges, Judge Snow said. In news releases, Sheriff Arpaio’s office often referred to the operations as integral parts of the sheriff’s “illegal immigrant stance.”

    Cecillia Wang, director of the Immigrants’ Rights Project at the American Civil Liberties Union, one of the groups that brought the lawsuit, said, “Let this be a warning to anyone who hides behind a badge to wage their own private campaign against Latinos or immigrants that there is no exception in the Constitution for violating people’s rights in immigration enforcement.”

    Ravi Somaiya contributed reporting from New York.
    http://www.nytimes.com/2013/05/25/us...paio.html?_r=0

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    Pathetic that someone from law enforcement like yourself would repost drivel like that. Maybe you'd have a different perspective if you lived near the porous southern borders of our country.

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    Quote Originally Posted by Tucker134 View Post
    Pathetic that someone from law enforcement like yourself would repost drivel like that. Maybe you'd have a different perspective if you lived near the porous southern borders of our country.
    A federal judge's ruling is drivel?

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    Quote Originally Posted by Tucker134 View Post
    Pathetic that someone from law enforcement like yourself would repost drivel like that. Maybe you'd have a different perspective if you lived near the porous southern borders of our country.
    I own a home in Maricopa county and spend about 8 months a year here. Sheriff Joe did some good things years ago but it's clearly time for him to go. The guy is clearly creating more hostility than he is actually helping the community function at this point.

    He's policy is doing practically nothing to reduce the amount of illegals in the county and he is clearly agitating Hispanic citizens. No tangible results coupled with harassment isn't a meaningful policy. Making a few rednecks feel good without changing the situation on the ground isn't good enough anymore.

    The Judge by the way is no liberal activist.

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    Quote Originally Posted by Winstonbiggs View Post
    I own a home in Maricopa county and spend about 8 months a year here. Sheriff Joe did some good things years ago but it's clearly time for him to go. The guy is clearly creating more hostility than he is actually helping the community function at this point.

    He's policy is doing practically nothing to reduce the amount of illegals in the county and he is clearly agitating Hispanic citizens. No tangible results coupled with harassment isn't a meaningful policy. Making a few rednecks feel good without changing the situation on the ground isn't good enough anymore.

    The Judge by the way is no liberal activist.
    Sheriff Joe is about Sheriff Joe.

    I posted this to show enforcing immigration laws is not simple.

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    What I find to be completely ridiculous about this article is this specific sentence right here:

    At 142 pages, the decision is peppered with stinging criticism of the policies and practices espoused by Sheriff Arpaio, who Judge Snow said had turned much of his focus to arresting immigrants who were in the country illegally, in most cases civil violations, at the expense of fighting crimes.

    It's at the expense of fighting crime when you are actively seeking out immigrants in the county illegally? Isn't seeking out and arresting illegal immigrants FIGHTING crime or did I miss something?

    Obviously, the Sheriff has more responsibilities than exclusively arresting illegals, but it is certainly NOT at the expense of fighting crime. That's exactly what he is doing.

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    Quote Originally Posted by Mainejet View Post
    What I find to be completely ridiculous about this article is this specific sentence right here:

    At 142 pages, the decision is peppered with stinging criticism of the policies and practices espoused by Sheriff Arpaio, who Judge Snow said had turned much of his focus to arresting immigrants who were in the country illegally, in most cases civil violations, at the expense of fighting crimes.

    It's at the expense of fighting crime when you are actively seeking out immigrants in the county illegally? Isn't seeking out and arresting illegal immigrants FIGHTING crime or did I miss something?

    Obviously, the Sheriff has more responsibilities than exclusively arresting illegals, but it is certainly NOT at the expense of fighting crime. That's exactly what he is doing.

    Correct, he is fighting crime. Illegal people are just that - illegal. Illegal MEANS breaking the law.
    Does he allocate too much effort in going that route? Maybe. How is the crime rate in Maricopa and what percentage is committed by illegals and or Hispanics. Good police work means isolating the most probable. Yeah, it's profiling. That's good police work. The FBI, CIA and other law enforcement groups have professional PROFILERS on staff. The horror.

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    Quote Originally Posted by Mainejet View Post
    What I find to be completely ridiculous about this article is this specific sentence right here:

    At 142 pages, the decision is peppered with stinging criticism of the policies and practices espoused by Sheriff Arpaio, who Judge Snow said had turned much of his focus to arresting immigrants who were in the country illegally, in most cases civil violations, at the expense of fighting crimes.

    It's at the expense of fighting crime when you are actively seeking out immigrants in the county illegally? Isn't seeking out and arresting illegal immigrants FIGHTING crime or did I miss something?

    Obviously, the Sheriff has more responsibilities than exclusively arresting illegals, but it is certainly NOT at the expense of fighting crime. That's exactly what he is doing.
    Sheriff Joe works for Maricopa county. The Sheriff's office function is law enforcement and incarceration in the country. Immigration sweeps is not part of the Sheriff's function.

    Crime in the county during his tenure has gone up while crime in Arizona has gone down. The guy is a great self promoter trying to do the job of the Federal government. The actually job his office is doing, fighting crime in Maricopa county, sucks balls.

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    Sheriff Joe is arresting illegals who weren't illegals the majority of the time. He was simply rounding up brown people hoping they were here illegally. Violating citizens rights.



    Quote Originally Posted by Mainejet View Post
    What I find to be completely ridiculous about this article is this specific sentence right here:

    At 142 pages, the decision is peppered with stinging criticism of the policies and practices espoused by Sheriff Arpaio, who Judge Snow said had turned much of his focus to arresting immigrants who were in the country illegally, in most cases civil violations, at the expense of fighting crimes.

    It's at the expense of fighting crime when you are actively seeking out immigrants in the county illegally? Isn't seeking out and arresting illegal immigrants FIGHTING crime or did I miss something?

    Obviously, the Sheriff has more responsibilities than exclusively arresting illegals, but it is certainly NOT at the expense of fighting crime. That's exactly what he is doing.

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    Quote Originally Posted by Winstonbiggs View Post
    Sheriff Joe works for Maricopa county. The Sheriff's office function is law enforcement and incarceration in the country. Immigration sweeps is not part of the Sheriff's function.

    Crime in the county during his tenure has gone up while crime in Arizona has gone down. The guy is a great self promoter trying to do the job of the Federal government. The actually job his office is doing, fighting crime in Maricopa county, sucks balls.
    Are you sure about this? I mean I won't pretend that I know about this situation - I don't. You also live there.

    With that said, it's NOT part of his job responsibility to capture illegals? Aren't people entering the country illegally committing a crime? Doesn't the Sheriff's office fight CRIME. Maybe you are thinking because we have border patrol that it is their job exclusively to seek out illegals?

    If that is what you are saying, I disagree. The Sheriff's job is to fight crime. Capturing illegals is getting criminals off the street.

    It's also probable that the border patrol likely shares their intelligence with the local cops and has them help out whenever possible. Cooperation between law enforcement forces is encouraged.

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    Quote Originally Posted by Mainejet View Post
    Are you sure about this? I mean I won't pretend that I know about this situation - I don't. You also live there.

    With that said, it's NOT part of his job responsibility to capture illegals? Aren't people entering the country illegally committing a crime? Doesn't the Sheriff's office fight CRIME. Maybe you are thinking because we have border patrol that it is their job exclusively to seek out illegals?

    If that is what you are saying, I disagree. The Sheriff's job is to fight crime. Capturing illegals is getting criminals off the street.

    It's also probable that the border patrol likely shares their intelligence with the local cops and has them help out whenever possible. Cooperation between law enforcement forces is encouraged.
    The Sheriff can only turn over an illegal if he catches them in the context of committing or stopping them with cause for a crime under his jurisdiction. Doing sweeps for the sole purpose of catching illegals is not part of his jurisdiction. The Sheriff has been doing sweeps for the sole purpose of catching illegals and he is targeting the Hispanic community to do it. He has violated Federal law and he isn't doing his job for the County. Arizona is loaded with illegals. Maricopa county has the highest violent crime rate per capita in the state.

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    Quote Originally Posted by Mainejet View Post
    What I find to be completely ridiculous about this article is this specific sentence right here:

    At 142 pages, the decision is peppered with stinging criticism of the policies and practices espoused by Sheriff Arpaio, who Judge Snow said had turned much of his focus to arresting immigrants who were in the country illegally, in most cases civil violations, at the expense of fighting crimes.

    It's at the expense of fighting crime when you are actively seeking out immigrants in the county illegally? Isn't seeking out and arresting illegal immigrants FIGHTING crime or did I miss something?

    Obviously, the Sheriff has more responsibilities than exclusively arresting illegals, but it is certainly NOT at the expense of fighting crime. That's exactly what he is doing.
    Sort of like a cop spending all his time posted on main street trying to catch people illegally parking in front of a hydrant while banks are being robbed, children abducted, old ladies being mugged, and houses being rifled. Yeah, he's focused on fighting crime. Those parking violators could endanger public safety. It's all about priorities, as well as maintaining some semblance of respect for the 4th Amendment.

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    Thought I would add a little fact to the discussion. I did not know this info so I bothered to look it up.
    The crime rates in Maricopa count are WELL BELOW state and national indices.
    Total crime is 50% of the national average and 35% of the AZ average.
    Rape, robbery, assault, burglary, larceny and motor vehicle theft are a small fraction of the AZ and national rates.
    However, murder is over 3 times the national rate and 2.5 times the AZ rates.
    Generally, there seems to be some law and order there, say relative to Chicago.

    As with other situations, I am sure Joe is not picking up Hispanics in Armani suits carrying $500 briefcases. Look the part, you might get stopped. Behave unusually, guess what.

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    Quote Originally Posted by long island leprechaun View Post
    Sort of like a cop spending all his time posted on main street trying to catch people illegally parking in front of a hydrant while banks are being robbed, children abducted, old ladies being mugged, and houses being rifled. Yeah, he's focused on fighting crime. Those parking violators could endanger public safety. It's all about priorities, as well as maintaining some semblance of respect for the 4th Amendment.
    The last7 Houston police officers killed in the line of duty have been by illegals.You idiots have no idea the amount of crimes they commit. Look at CA, TX, AZ FL NM CO prison stats.

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    Quote Originally Posted by Winstonbiggs View Post
    I own a home in Maricopa county and spend about 8 months a year here. Sheriff Joe did some good things years ago but it's clearly time for him to go. The guy is clearly creating more hostility than he is actually helping the community function at this point.

    He's policy is doing practically nothing to reduce the amount of illegals in the county and he is clearly agitating Hispanic citizens. No tangible results coupled with harassment isn't a meaningful policy. Making a few rednecks feel good without changing the situation on the ground isn't good enough anymore.

    The Judge by the way is no liberal activist.
    Well said

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    Quote Originally Posted by WestCoastOffensive View Post
    Well said
    And Sheriff Joe keeps getting elected somehow. Lib pukes keep teling us that's all that counts, right?

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    Quote Originally Posted by palmetto defender View Post
    Thought I would add a little fact to the discussion. I did not know this info so I bothered to look it up.
    The crime rates in Maricopa count are WELL BELOW state and national indices.
    Total crime is 50% of the national average and 35% of the AZ average.
    Rape, robbery, assault, burglary, larceny and motor vehicle theft are a small fraction of the AZ and national rates.
    However, murder is over 3 times the national rate and 2.5 times the AZ rates.
    Generally, there seems to be some law and order there, say relative to Chicago.

    As with other situations, I am sure Joe is not picking up Hispanics in Armani suits carrying $500 briefcases. Look the part, you might get stopped. Behave unusually, guess what.
    Where are you getting your stats?

    Maricopa has detained legal residents because of their race. That's policing 101 to you?

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    Quote Originally Posted by cr726 View Post
    Where are you getting your stats?

    Maricopa has detained legal residents because of their race. That's policing 101 to you?
    He made it up. Maricopa county has the highest crime rate per capita in the state.

    While crime is down nationwide and in Maricopa county Maricopa county on any comparative basis both nationally and state wide has very high crime rates on a per capita basis.

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    Quote Originally Posted by Mainejet View Post
    What I find to be completely ridiculous about this article is this specific sentence right here:

    At 142 pages, the decision is peppered with stinging criticism of the policies and practices espoused by Sheriff Arpaio, who Judge Snow said had turned much of his focus to arresting immigrants who were in the country illegally, in most cases civil violations, at the expense of fighting crimes.

    It's at the expense of fighting crime when you are actively seeking out immigrants in the county illegally? Isn't seeking out and arresting illegal immigrants FIGHTING crime or did I miss something?

    Obviously, the Sheriff has more responsibilities than exclusively arresting illegals, but it is certainly NOT at the expense of fighting crime. That's exactly what he is doing.
    Yes, you are missing something. immigration is a federal issue - there was no state cringe within arpaio's jurisdiction to arrest. it's like if he was spending time and resources in the hopes of catching natalee Holloway's killer back in the day. crime in the abstract - but not his job

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    Quote Originally Posted by Winstonbiggs View Post
    He made it up. Maricopa county has the highest crime rate per capita in the state.

    While crime is down nationwide and in Maricopa county Maricopa county on any comparative basis both nationally and state wide has very high crime rates on a per capita basis.
    I couldn't find corroboration for that, although statistics are a year out of date. Palmetto's numbers were pretty accurate, unless the counting is somehow deceptive. Murder rate was very high, but all other indicators were below Arizona and national stats per capita. What are we missing?

    P.S. Doesn't change the basic issue that this is not his jurisdiction and it is a violation of Search and Seizure as skin color does not constitute probable cause.

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