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D.Ariz.: SB1070 case: Fourth Amendment implications of detentions for papers

By John Wesley Hall, Jr.

In the Arizona SB1070 preliminary injunction case, the District Court cited Fourth Amendment implications of detentions on people detained for lack of papers which factored into the decision to grant the preliminary injunction. United States v. State of Arizona, CV 10-1413-PHX-SRB, at 16 (D. Ariz. July 28, 2010)*: Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked. Given the large number of people who are technically “arrested” but never booked into jail or perhaps even transported to a law enforcement facility, detention time for this category of arrestee will certainly be extended during an immigration status verification...continue to full post

Full post as published by Fourth Amendment on July 29, 2010 (boomark / email).