On Thu, 26 Oct 1995, Mark wrote:
"States may not authorize arrest...for failing to produce identification..." Kolender v. Lawson 461 U.S. 352 (1983)
"...may not compel an answer and they must allow the person to leave after a reasonable brief period of time...." - - ibid
How about INS coming into the equation? Do they have additional powers which let them put your butt in a bad imitation of a farday cage?
The powers of the INS have been the subject of much litigation. I used to study immigration law and policy, but that part of my brain has fallen into disuse in the last five years. I could probably dig up some references from old papers, though. I believe the INS has its own special definitions of probable cause. Section 10 of Proposition 187, which was passed by the ever-so-enlightened people of California last November, empowers the police to incarcerate without charge anyone who can not produce the two forms of identification required to prove legal residence. Fortunately, 187 is so Unconstitutional on its face that multiple injunctions against the enforcement of every one of provisions were ordered within 30 minutes of 187's receiving the Governor's signature. Today, many jurisdictions in California prohibit state & local officials from turning people over to the INS. It's not good for public health and safety for the alleged illegal people to be afraid to call the cops, or a doctor. -rich