Comments on: How to stop Arizona’s SB1070 and similar state ID-check laws http://www.papersplease.org/wp/2012/07/26/how-to-stop-arizonas-sb1070-and-similar-state-id-check-laws/ Challenging ID Demands Thu, 23 May 2013 12:23:12 +0000 http://wordpress.org/?v=2.6.3 By: Terry http://www.papersplease.org/wp/2012/07/26/how-to-stop-arizonas-sb1070-and-similar-state-id-check-laws/#comment-650458 Terry Sat, 28 Jul 2012 04:07:51 +0000 http://papersplease.org/wp/?p=4573#comment-650458 I wrote an article on S.B.1070 in May of 2010 regarding the catch 22 the law has created for police officer's in Arizona along with the state's stop and identify statute. The article can be found at: https://www.checkpointusa.org/blog/index.php/2010/05/02/arizona_immigration_law_overreach In a nutshell, it appears to me that S.B.1070 now makes it possible for individuals to refuse to identify themselves based upon the 5th amendment's prohibition against self-incrimination. In the past, the court's have ruled that compelling someone to provide their name in the presence of reasonable suspicion was not a violation of the 5th amendment since a person's name did not tend to incriminate them. With SCOTUS upholding part of S.B.1070 however, that is no longer the case. A person's name will be a key piece of information used by the police in Arizona to determine their legal status and whether or not they're in violation of other state laws based upon that status. I wrote an article on S.B.1070 in May of 2010 regarding the catch 22 the law has created for police officer’s in Arizona along with the state’s stop and identify statute. The article can be found at:

https://www.checkpointusa.org/blog/index.php/2010/05/02/arizona_immigration_law_overreach

In a nutshell, it appears to me that S.B.1070 now makes it possible for individuals to refuse to identify themselves based upon the 5th amendment’s prohibition against self-incrimination. In the past, the court’s have ruled that compelling someone to provide their name in the presence of reasonable suspicion was not a violation of the 5th amendment since a person’s name did not tend to incriminate them. With SCOTUS upholding part of S.B.1070 however, that is no longer the case. A person’s name will be a key piece of information used by the police in Arizona to determine their legal status and whether or not they’re in violation of other state laws based upon that status.

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