Illegal immigrant @ traffic stop

[N A Rush]

I was reading this article. It got us to thinking, how did the officer discover the driver was illegal let the state and federal governemnts couldn't???

What technics do you use to detrimine if they are illegal or not if you can't/shouldn't use racial profiling??

 

[FordSVTFan]

I was reading this article. It got us to thinking, how did the officer discover the driver was illegal let the state and federal governemnts couldn't???

What technics do you use to detrimine if they are illegal or not if you can't/shouldn't use racial profiling??

There are about 20 factors listed that Border Patrol uses when evaluating a driver to determine Reasonable Suspicion for a suspected illegal stop.

Those factors are outlined in UNITED STATES v. JOSE AURELIO AMBROCIO-HERNANDEZ, U.S. District Court, Middle District Florida 2008.

The U.S. Supreme Court also gave a non exhaustive list in Brignoni and here are some of those factors. But every case is fact dependent.

(1) the characteristics of the area in which the vehicle is stopped; (2) patterns of traffic on the road; (3) proximity to the border; (4) previous experience with alien trafficking in the area; (5) information about recent border crossings; (6) attempts to evade detection; (7) appearance of the vehicle; (8) appearance and behavior of the driver and passengers; and (9) other relevant information (eye contact, license plate info, vehicle type, etc.)

 

[N A Rush]

Thats sounds like everything that you normally do... so that will keep you from getting tagged as a racial profiler.

How does an officer come to find out if someone is an illegal? The case in point the girl was enrolled in college and receiving assistance. I can only assume that she had a driver's license. How would the officer initiating such a stop discover one is illegal?

 

[FordSVTFan]

Thats sounds like everything that you normally do... so that will keep you from getting tagged as a racial profiler.

How does an officer come to find out if someone is an illegal? The case in point the girl was enrolled in college and receiving assistance. I can only assume that she had a driver's license. How would the officer initiating such a stop discover one is illegal?

The example I gave it Border Patrol. I know how they would do it since they have database access. If a local needed to figure it out they could call ICE or CIS. But most of the time if you are any good at interviewing suspects you can trip them up and they admit it.

 

[Lt. ZO6]

This is usually how it ends up working in my jurisdiction...

-Individual stopped for traffic violation/infraction
-Driver has no state issued DL
-Driver comes back with no DL record or a suspended license
-Driver usually produces a Mexican DL or Mexican voter's registration card
-Driver gives a USA address
-Driver admits to living at that address for a length of time
-When asked, majority of them will admit to being in the country illegally

This occurs daily, btw...

 

[Logan2003Cobra]

This is usually how it ends up working in my jurisdiction...

-Individual stopped for traffic violation/infraction
-Driver has no state issued DL
-Driver comes back with no DL record or a suspended license
-Driver usually produces a Mexican DL or Mexican voter's registration card
-Driver gives a USA address
-Driver admits to living at that address for a length of time
-When asked, majority of them will admit to being in the country illegally

This occurs daily, btw...

After they admit to being here illegally, what does the officer do?

 

[N A Rush]

After they admit to being here illegally, what does the officer do?

Excellent question...

 

[oldmodman]

Unless it is a felony stop they are ticketed and released.

Never to be seen again.

At least this is what I was told just last weekend at a 4th of July bbq by an LAPD traffic officer. He would not confirm that this is official LAPD policy, it's just the way it is. He also said that even if the car is unregistered and uninsured they (illegal aliens) are just cited and released.

Can any LEO tell me how you issue a citation to someone without a DL?

 

[Sniperdog]

good questions .,,. sub'n

and in the case with no ins, does the perp drive away in an uninsured car after being cited?? :shrug:

 

[Iceman II]

Guess its up to the individual officer to make an arrest or to cite and release. On Class B Mis. and above the indivdual is arrested. Then the local sheriffs department calls Border Patrol after the individual is sentenced.
Its only a matter of time before they make their way back. There have been numerous cases of Troopers stopping 3,4,5 individuals all day long and Border Patrol has advised they will not respond for that low number of people. Just frustrating at times.

 

[Blade Runner]

Too bad ya'll can't just shoot 'em and fling thier bodies back over the border.

 

[fiveohpoepoe]

A vast majority of LEO cannot detain simply because they are illegal. There has to be a serious enough crime committed so an arrest can be made and from there, more info is learned they are here illegally. ICE may or may not want a part of it based on if the subject has re-entered after being deported one or more times. There have been 2-4 "raids" locally that I know about in my career. Most of the time there is a certain group they are going after which amounts to be gang based. At my level[city or county] there is pretty much nothing we can do. ICE has the ability to deport or place a detainer on them.
Its sad but has been that way and will continue to be unfortunately

 

[VenomRogue]

good questions .,,. sub'n

and in the case with no ins, does the perp drive away in an uninsured car after being cited?? :shrug:

In Texas, if you have no insurance, your car gets towed, you get left on the side of the street, unless you have warrants.

LEO's have access to some sort of insurance database..

 

[fiveohpoepoe]

When LEO,s run the plate, it will come back with the registered owner-address-DL number and insurance co/policy number and status[at least in NC] It is a misdemeanor offense and arrestable, although usually not taken that far. Cited and "told" not to drive. Come back in an hour and the car is long gone.

 

[Lawfficer]

You guys should try being in the northern states. Unless it's a Canadian, ICE wont life a finger to come and get someone or allow you to detain them, short of you finding them sitting on a brick of Meth.

It's like fishing up here, and ICE says it's all catch and release unless they are trophies.

 

[Whistler98]

You guys should try being in the northern states. Unless it's a Canadian, ICE wont life a finger to come and get someone or allow you to detain them, short of you finding them sitting on a brick of Meth.

It's like fishing up here, and ICE says it's all catch and release unless they are trophies.

I here ya. My buddy ran into this on the 4th ended up towing the car and issuing a citation. No violent crime nothing can be done with them. They don't have to pay tax's or citations :nonono:

 

[N A Rush]

My ex wife is from Canada and she was stopped in OH for speeding. They made here pay the ticket on the spot before we could leave or he had to hold her until Tues for a court appearance. Why couldnt more state do something like this? This way an illegal would have to pay the fine or go to jail even for minor violations.

 

[SVTwhore]

It's too bad that our country as a whole is so easy on illegal immigration. It bothers me how illegals come here and leach off of society by getting all the free health care, public assistance and all of the other benefits that some natural born U.S. citizens don't qualify for.

 

[Iceman II]

My ex wife is from Canada and she was stopped in OH for speeding. They made here pay the ticket on the spot before we could leave or he had to hold her until Tues for a court appearance. Why couldnt more state do something like this? This way an illegal would have to pay the fine or go to jail even for minor violations.

Some states can do this because they are part of the Non Resident Violator Compact. I believe there are 45 states on board, meaning if someone gets an out of state ticket, that state will report it to your home state. Your home state will then suspend your driver license.
Now, in this day and age the political hot bed of illegal immigration will open a can of worms here. Can an arrest be made and brought before the judge? Yes. But are you and your Department willing to fade the blow torch?

 

[Iceman II]

It's too bad that our country as a whole is so easy on illegal immigration. It bothers me how illegals come here and leach off of society by getting all the free health care, public assistance and all of the other benefits that some natural born U.S. citizens don't qualify for.

Thats because elected officials let it happen years ago so they could get re-elected. Its still happening now. Those official didnt think who and how it was going to be paid for. Its paid for by the middle class! Arizona is trying to put a stop to it and look what the fed's are wanting to do to them.