So what was going on?
I've been looking at the racial profiling decision that was handed down Friday
, and the facts appear to be:
1. That all stops were valid Terry stops, overwhelmingly on the basis of traffic infractions (i.e., they weren't pulling over people because they looked like illegals, they were pulling them over because they had probable cause based on a traffic infraction).
2. Pretext stops (stopping someone for a whole 'nother reason) based on a traffic infraction is a valid stop. Whren v. United States
3. The court then relies on equal protection claims and "disparate results regardless of discriminatory intent" on slapping down the traffic stops and ensuing citizenship inquiries by the police who stopped the vehicle.
(An aside here, too: I'm sure Arizona isn't overwhelmed with Chinese and Australians who have overstayed their visas or whatnot, it's a state bordering Mexico, it's entirely rational to believe that more Hispanics are going to be questioned about their citizenship status, but it matters not under the "disparate results regardless of discriminatory intent" rationale that liberals have cooked up through the years.)
The court also relies on a Ninth Circuit (San Francisco) opinion that holds that "Hispanic work crew, inability to speak English, proximity to the border, and unsuspicious behavior" were not reasonable suspicion to further investigate that the detainees were illegally in the United States.
As an aside, I think it's really a stretch to think that a truck loaded with Hispanic yard workers who can't speak a lick of English is not reasonable suspicion that the people might be in this country illegally, but it's the Ninth Circuit, which hasn't been known to live in reality.
This post was edited on 5/26 at 12:30 am