Minnow- maybe I am using the wrong term when I say probable cause- when in fact I mean articularable facts.
I think you mean articulable but that's OK... I won't be the spelling police too.
The bottom line of what I am trying to say is that I do not believe a police officer should be able to stop and question anyone, unless they have a reason to stop and question that person. And that reason cannot be simply that they think the guy or gal looks like he or she needs to be stopped.
If you read everything I wrote carefully, this was what I was saying.
The Arizona Law does not broaden an officer's ability to do this. If, during an encounter, a subject's citizenship comes into question, then the officer is allowed to question further.
Anytime a police officer asks a question, the person has a choice. They can answer the question, or they can ask if they are free to go. As long as the police officer is asking the questions, the person is NOT free to go. That's what I was trying to say.
Again, I don't think just asking questions means that the person is not free to go. During a vehicle stop, yes. But that "detention" started pretty much at the moment the blue and red lights went on. Other encounters, well, as they say, "that depends." This is where good law enforcement interview techniques come in.
One can investigate, and do a great deal to ascertain the facts, long before having to ask any particular person questions. In my mind, even stopping someone, without knowledge that something is wrong/a crime has been committed, etc, is beyond what I am comfortable with. In my book - a stop should not be made, a person not "held back from being able to do whatever they want to do", without some kind of cause. Probable cause might be the wrong word for me to use- sorry. But I think "proof", or "witness statements", or "evidence" of some kind is appropriate.
Now you're beginning to see the light. (Although, proof, evidence, are terms for the court, not for the street). This is the world we live in. Now you begin to see the difficulties in doing good law enforcement but that is what it is. You gotta be able to give "articulable facts" which, if a case goes all the way to court, can be put under judicial scrutiny.
The Arizona Law, as it is written, does not change a thing.
Just my 2 cents.
My opinion- everyone else is welcome to have one too.