Originally Posted by
MrFatbooty
If that were the limit of the law then sure, it wouldn't be great but perhaps a tough stance to deal with a tough issue. If you're both speeding and DWM and you don't have papers, oh well.
But the way AZ SB 1070 is written can be read as stating that reasonable suspicion of someone being an illegal can in and of itself constitute lawful contact by an official. That's the problem.
Except that there are many laws written in the same manner, in fact the federal law this backs up states the same as I recall when discussing enforcement (been a while since I read it).
If someone looks suspicious next to a closed business does a police officer not approach them and ask them what they are doing? Maybe ask for ID etc? this would be the same idea behind suspicion, it all begins with initial contact.
You could take the DUI checkpoints as an example, you pull up an officer engages you by asking if you have been drinking tonight and your response either triggers his supicions and has you pull to the side or he checks your license and kicks you free.
Now you could say that is also a matter of guilty before innocent because they initially stopped you with no suspicious act being committed, but it has been fought in court time and again yet still is found that these checkpoints are lawful as well as the procedures they follow.