American Woman, you're wrong and you need to admit that you're wrong. The ambiguity of the law allows the police officer to use the excuse of reasonable suspicion to ask anyone for papers. This will go on until there are court rulings to give a more concrete definition of this vague law.
So a key question is whether there be "reasonable suspicion" about someone's legal status in the absence of a crime -- major or minor -- being committed or suspected. If the answer is yes, it would undercut Huppenthal's argument.
In discussing these questions with legal experts, we found that everyone agreed that there's some gray area that will need to be sorted out in future court decisions. That said, the general consensus was that police could indeed stop someone even in the absence of suspicion that a crime was being committed.
Peter Spiro, a Temple University law professor, said that law enforcement officers can use profiling rather than suspicions of a specific crime being committed.
"Police departments come up with profiles that can establish a reasonable suspicion," Spiro said. Such profiles "entitle an officer to stop someone and say, 'I'd like to ask you some questions?' The officer can then investigate, which could lead to probable cause."
And at that point, Spiro said, an immigration status check would be acceptable under the Arizona law -- even if no specific crime was witnessed or suspected. "If you came up with a profile for undocumented immigrants, that would establish reasonable suspicion, and you could stop that person even if no other crime was suspected," he said.
Furthermore, this sums up the misinformation DogOnPorch and American Woman are either unknowingly or knowingly spreading:
Huppenthal's position -- that the police must suspect that something illegal is being committed before asking someone for proof of legal status -- is not correct. The law says the police officer just needs "reasonable suspicion'' that the person is an alien who is unlawfully in the United States. The police are prohibited from using a profile based solely on racial or ethnic factors, but that standard can be sidestepped. In addition, some seemingly innocuous behaviors like getting in a car or making a gesture or nodding could be seen by a law officer as "reasonable suspicion" of the newly enacted prohibition against seeking work while in the United States illegally.
The passage in the law citing racial profiling does provide some protection, as does the difficulty of defining a profile for illegal immigrants that could pass legal muster, but the law leaves open several possibilities for police questioning individuals without seeing or suspecting a specific crime. So we rate Huppenthal's statement False.