Quote:
Originally Posted by jinx
After lawful contact is made, a cop is suspicious that a person is illegal. Person says "no, I have papers, just not on me". Person is now considered trespassing and may be held until immigration status is confirmed.
Police can not stop person on the street based solely on immigration status suspicion.
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The interpretation I had from the city attorney was that cops can absolutely approach any person on the street under the "trespassing by illegal alien" provision of this law, assuming "reasonable cause" (undefined) and suspicion (undefined) and charge them with trespassing by an alien unless the person can show that he is a citizen or legal resident.
That is now the underlying crime and lawful contact (the cop is investigating possible "trespassing by illegal alien")...no need for a reliance on investigating a separate crime or traffic stop for a separate violation.