Mr. Travel wrote:
> Rand al'Thor wrote:
>
>>
>> I'm not sure if their legal basis is statutory or simply the
>> determination of the existence of probable cause to warrant further
>> scrutiny. It may be that they have legislation in NY allowing the same
>> in the interest of immigration and national security. It could also be
>> that they can't randomly ask for citizenship for lack of said
>> legislation but they could just visually check everybody out and see
>> who's knees knock the most. Then they would take that as a sign that
>> you are probably illegal. Such probable cause generally authorizes law
>> enforcement officers to do a more extensive search.
>
> I think you need to do some research on "probable cause".
> Being on a subway is not probable cause that I am in the country
> illegally. Being nervous around the police is also not probable cause.
>
Where in my post did I say that being on a subway is probable cause?
They just conduct their raids there because, obviously, illegals need to
use public transportation as they don't have sufficient funds yet to buy
cars and they can't even get a driver's license. And yes, trembling
knees and other signs of excessive nervousness could constitute probable
cause. I never said being nervous would constitute probable cause - I
said knocking the knees together which is not simply nervousness but
excessive nervousness.
But anyway, I was just telling the OP that it's not a good idea to
violate immigration law - I'm sure you'll agree with that. I stated the
fact that raids were conducted, which I learned from a lawyer in an
immigration firm in NY, as just one of the reasons why it is so. The
legal basis of the raids themselves is merely obiter dicta. |