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Arpaio's office guilty of profiling, judge rules
Arizona Daily Star ^ | Howard Fischer | Capital Media Services

Posted on 05/25/2013 6:13:03 AM PDT by SandRat

PHOENIX - Self-professed "toughest sheriff in America" Joe Arpaio and the Maricopa County Sheriff's Office were guilty of racial profiling, a federal judge found Friday, before ordering a permanent halt to the practice.

In a 140-page ruling, Judge Murray Snow said Arpaio's department, under his direction, was detaining individuals believed to be in this country illegally without some other reason to arrest them for violating any state laws.

Snow said that continued to occur even after the Department of Homeland Security revoked the department's authority to identify and detain those not in the country legally.

The judge also said department policy and practice allow officers to consider the ethnicity of a vehicle's occupants in determining whether they have reasonable suspicion to investigate them for violation of state immigration laws.

"In some instances these policies result in prolonging the traffic stop beyond the time necessary to resolve the issue that initially justified the stop," Snow wrote. Absent some reasonable suspicion of criminal activity, holding people longer than necessary violates their constitutional rights against unreasonable search and seizure, he said.

Snow said that entitled Hispanic individuals who sued to an injunction permanently barring the Arpaio's department from using Hispanic ancestry or race to determine whether to stop a vehicle. It also prohibits deputies from detaining or arresting Latino occupants of a vehicle on a belief that they are in this country illegally if race is the only factor they have.

The order also bars the agency from detaining Latino occupants of vehicles stopped for traffic violations any longer than necessary to process the citation unless officers have "reasonable suspicion" that any are committing a federal or state crime.

Arpaio said he does not believe his agency engages in racial profiling. "That's why we're going to appeal it," he said.

But Dan Pochoda, legal director of the American Civil Liberties Union of Arizona, said the ruling confirms allegations Latinos have been "terrorized" by Arpaio's deputies and "forced to endure years of racial harassment and abuse." In a prepared statement, Pochoda said all that can be laid at the feet of "Arpaio's proven willingness to seek political gain at the expense of public safety and constitutional guarantees."

Friday's ruling has no financial implications, as the plaintiffs in the civil case did not seek damages, but only an injunction to require the agency to changes its practices.

At least on paper, the instructions to deputies were that vehicles were not to be stopped based on the race of those in a vehicle, Snow said. But he said evidence painted a different picture.

"While officers were prohibited from using race as the only basis to undertake a law enforcement investigation, they were allowed as a matter of policy and instruction to consider race as one factor among others in making law enforcement decisions in the context of immigration enforcement," the judge wrote.

Snow reached his ruling after reviewing years of crime prevention "saturation patrols" by the department. He said these were far from neutral.

The department "almost always scheduled its day-labor and small-scale saturation patrols where Latino day laborers congregated," he said. "The same is true for a considerable number of its large-scale saturation patrols."

And Snow said it is clear the purpose of these patrols was to enforce immigration laws, citing the news releases issued by the agency's public relations officers.

"These news releases either emphasized that the patrols' purpose was immigration enforcement, or prominently featured the number of unauthorized aliens arrested during such operations," Snow said. "Most of the time, the reports ignored any other arrests that took place."

Snow also said the saturation operations were just a pretext to stop vehicles with people who may be in this country illegally.

"During saturation patrols, participating deputies conducted many stops for minor violations of the traffic code, including minor equipment violations," the judge said.

And Snow said that, generally speaking, deputies "had no difficulty in finding a basis to stop any vehicle they wished for a traffic infraction."


TOPICS: Front Page News; Government; US: Arizona
KEYWORDS: arpaio; illegalaliens; lawsuit; profilling; sheriff
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1 posted on 05/25/2013 6:13:03 AM PDT by SandRat
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To: SandRat

Arrest them for being in the State illegally


2 posted on 05/25/2013 6:14:35 AM PDT by SECURE AMERICA (Where can I go to sign up for the American Revolution 2013 and the Crusades 2013?)
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To: SandRat

Profiling is efficient use of resources. It beats doing body cavity searches on old folks and infants at the airports.


3 posted on 05/25/2013 6:15:11 AM PDT by Paladin2
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To: SandRat

Everybody’s guilty of ‘profiling’ - it’s how the species survives. Even Jesse Jackson once said that though he was embarrassed to admit it, if he saw a group of young, black males walking down the street he would move to the other side.


4 posted on 05/25/2013 6:15:25 AM PDT by Glenmore
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To: SandRat

God bless and keep Sheriff Joe.

Prayer for his worthy success.


5 posted on 05/25/2013 6:17:00 AM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: Paladin2
It beats doing body cavity searches on old folks and infants at the airports.

Yeah, but it doesn't intimidate citizens. That is what they want.

6 posted on 05/25/2013 6:17:24 AM PDT by GingisK
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To: onyx

They are relentless in their persecution of this good man.
Prayers up for him & his family.


7 posted on 05/25/2013 6:18:28 AM PDT by FES0844
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To: onyx

Irony would be this judge run down by an unlicenced
illegal alien who could have been stopped.


8 posted on 05/25/2013 6:18:42 AM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: FES0844

The corrupt Eric Holder again.
We must faithfully pray our hearts out for Sheriff Joe.


9 posted on 05/25/2013 6:19:56 AM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: SandRat

He is guilty of being a good cop.

Period.

CW II.

Coming soon to a city near you.


10 posted on 05/25/2013 6:20:09 AM PDT by Da Coyote
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To: tet68

I love your thinking....


11 posted on 05/25/2013 6:20:21 AM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: SandRat
"...holding people longer than necessary violates their constitutional rights against unreasonable search and seizure, he said......"

This *judge* should be impeached on this basis alone.

Since when do illegal aliens, not citizens of the USA, have "constitutional rights"...?

No wonder our country is so f$%#ed up....

12 posted on 05/25/2013 6:20:31 AM PDT by Victor (If an expert says it can't be done, get another expert." -David Ben-Gurion, the first Prime Minister)
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To: onyx

Great minds ,etc.


13 posted on 05/25/2013 6:24:24 AM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Paladin2

I guess no more BOLO alerts from here out too.

Let me see, we have a huge pattern of illegal activity by a group that looks a certain way but we cannot look for them by group because that is profiling? What about when the G was knocking out the Mafia and did a dragnet of all guys named Salvatore, Vito and Nino or when WWII broke out and they said lets round up all the Japs and put them in concentration camps, that was not profiling? Profiling is a great tool, it cuts the wheat from the chaff.

The thing that aggravates me to no end is when all these utopian ideas come to fruition and we are left broke with some third world status, we will not be able to seek retribution from those who put us there.


14 posted on 05/25/2013 6:25:55 AM PDT by Mouton (108th MI Group.....68-71)
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To: SandRat

If I were Sheriff Joe, I would have teams of deputies following this scumbag Judge, And every time he did something wrong pull him over and issue a citation, follow him to Dinner and throw him in Jail for DUI after he has that glass of Wine with Dinner. Make it impossible for this piece of shit to live his life.


15 posted on 05/25/2013 6:28:07 AM PDT by eyeamok
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To: SandRat

Hispanic is a race?


16 posted on 05/25/2013 6:28:13 AM PDT by Fresh Wind (The last remnants of the Old Republic have been swept away.)
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To: SandRat

And in other news, they were guilty of carrying sidearms.

The only law enforcement tool more effective than their guns is profiling. Racial, sexual, age, apparent income level, culture. You name it. It is important and highly valuable.


17 posted on 05/25/2013 6:28:52 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: SandRat

Plenty of judges are now just as ideologically corrupt and politically driven as the IRS and DOJ officials.


18 posted on 05/25/2013 6:29:12 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Glenmore

When in retail sales back in the 70’s I was very good at what I did. And I overtly knew that “profiling” was one of my most effective tools.


19 posted on 05/25/2013 6:29:45 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: tet68

Judge Snow, a Bush appointee, I might have known.


20 posted on 05/25/2013 6:29:50 AM PDT by Mouton (108th MI Group.....68-71)
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To: tet68

Murray Snow, Bush appointee, 2007.
21 posted on 05/25/2013 6:30:08 AM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: SandRat

I’m thinking the ACLU will sue Joe next.


22 posted on 05/25/2013 6:30:10 AM PDT by treetopsandroofs (Had FDR been GOP, there would have been no World Wars, just "The Great War" and "Roosevelt's Wars".)
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To: SandRat

Isn’t Murray that faggot judge that ruled in favor of faggots ?


23 posted on 05/25/2013 6:31:50 AM PDT by knarf (uals-two logic)
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To: SandRat

Arpaio for President!


24 posted on 05/25/2013 6:32:46 AM PDT by Manic_Episode (Some days...it's just not worth chewing through the leather straps....)
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To: Manic_Episode
Arpaio for President!

No, Arpaio for Secretary of Homeland Security.

25 posted on 05/25/2013 6:40:30 AM PDT by Yo-Yo
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To: Victor

So now we have come to the point where we only enforce some laws and not others. How obamaesque.


26 posted on 05/25/2013 6:42:55 AM PDT by NotTallTex
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To: Yo-Yo

Sheriff Arpaio is already the Secretary of Homeland Security for Maricopa County. We need to abolish the federal DHS. It’s an abomination.


27 posted on 05/25/2013 6:43:15 AM PDT by TADSLOS (The Event Horizon has come and gone. Buckle up and hang on.)
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To: TADSLOS

Correction: Make that an Obamanation, and thanks again, George Bush.


28 posted on 05/25/2013 6:44:34 AM PDT by TADSLOS (The Event Horizon has come and gone. Buckle up and hang on.)
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To: SandRat

We used to call this law enforcement. Now it is called unconstitutional for non citizens.

Weird times. You can stop the free speech of American citizens but you can’t arrest non-citizens who sneak into the country.


29 posted on 05/25/2013 6:44:41 AM PDT by Patrick1 (“Never attribute to malice that which is adequately explained by stupidity.”)
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To: SandRat

um... so?

If you are looking for illegal Mexicans, you would stop.... MEXICANS


30 posted on 05/25/2013 6:45:13 AM PDT by Mr. K (There are lies, damned lies, statistics, and democrat talking points.)
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To: SandRat

Judicial dementia.


31 posted on 05/25/2013 6:45:30 AM PDT by EternalVigilance ('He frustrates the devices of the crafty, so that they cannot carry out their plans.' -- Job 5:12)
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To: SandRat
"During saturation patrols, participating deputies conducted many stops for minor violations of the traffic code, including minor equipment violations," the judge said.

Uh....yeah....and so what?

That is standard police procedure. There was a guy in New York who was stopped for the his license plate light being out which ended in his being arrested because his CCW held 9 rather then 7 bullets.

How a bulb being burned out lead to "let me examine your lawfully carried weapon" is something I don't get but the no one seems to be getting huffy over that.

32 posted on 05/25/2013 6:50:23 AM PDT by Harmless Teddy Bear (Join AAAA : Americans Against Acronym Abuse)
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To: tet68
The judge claims some sort of expertise in the matter of labor pick up points ~ but I'd bet he never spends more than 2 minutes there getting workers.

He should go to one of them and hang around all day long. Wear a good suit too. Flash money.

33 posted on 05/25/2013 6:50:28 AM PDT by muawiyah
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To: SandRat

Sheriff Joe, ya need to be stopping and body searching grannies, veterans, mastectomy survivors, and sticking your hands down the underwear of little kids, just to prove you are not “profiling”


34 posted on 05/25/2013 6:53:34 AM PDT by silverleaf (Age Takes a Toll: Please Have Exact Change)
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To: silverleaf

“Judge Murray Snow”......and to what political party does the judge belong?


35 posted on 05/25/2013 7:12:18 AM PDT by DaveA37 (I'm for HONEST government)
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To: SandRat

Sheriff Arpaio refuses to let the commie lib ‘RATS and their La Raza boys intimidate him. He still puts the safety of Arizonans ahead of surrendering to the Mexican invaders.


36 posted on 05/25/2013 7:12:40 AM PDT by FlingWingFlyer (If you think ObamaCare is a train wreck, wait until you see the amnesty bill.)
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To: Paladin2
"Profiling is efficient use of resources."

Just one more reason for the fedgov to oppose it. If local and state governments start using resources efficiently, people might start to expect the feds to do the same, and that is something they can not abide.

37 posted on 05/25/2013 7:14:53 AM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
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To: Progov

I doubt if the judge is dancing with the one that brought him to the party ....


38 posted on 05/25/2013 7:17:20 AM PDT by silverleaf (Age Takes a Toll: Please Have Exact Change)
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To: SECURE AMERICA
Arrest them for being in the State illegally

I think that's what he's been doing. Holding/arresting for being here illegally, regardless of race.

39 posted on 05/25/2013 7:20:30 AM PDT by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs stay silent.)
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To: SandRat

You cannot be found “guilty” in a civil case...if this judge actually said this....he should be removed for judicial misconduct

Illegal Alien is not a race. If Illegal Aliens tend to be Hispanic....then Hispanics are obviously going to be arrested for being Illegal Alien

All Arpaio and MCSD has to do is pull over more whites to meet the “racial quota”


40 posted on 05/25/2013 7:22:18 AM PDT by SeminoleCounty (GOP - Greenlighting Obama's Programs)
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To: SandRat

Yeh because we all know the Swedes are the prevalent ethnic group sneaking in here illegally by the millions.


41 posted on 05/25/2013 7:40:26 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: SandRat

At some point the American people are going to take things into their own hands. I wonder if you shoot them as they come across the border if this judge would consider it profiling?


42 posted on 05/25/2013 7:41:12 AM PDT by McGavin999
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To: onyx

Sheriff Joe another Pet Project of Obama and Holder . They keep throwing things at you to bankrupt you make you quit ,been done to many republicans


43 posted on 05/25/2013 7:48:35 AM PDT by molson209
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To: molson209

Right. I’m on Face Book with Sheriff Joe. He’s not giving in at all. Sheriff Joe will have the last laugh on corrupt Eric Holder.

God bless Sheriff Joe.


44 posted on 05/25/2013 7:52:55 AM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: SandRat
Image Hosted by ImageShack.us

45 posted on 05/25/2013 8:05:46 AM PDT by TurboZamboni (Marx smelled bad & lived with his parents most his life.)
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To: SandRat

If it walks like a duck and quacks like a duck, then it’s probably a duck.


46 posted on 05/25/2013 8:14:41 AM PDT by bgill (The problem is...no one is watching the Watch List!)
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To: SandRat
...the Maricopa County Sheriff's Office were guilty of racial profiling...

Then why isn't the FBI guilty of racial profiling when they profile white serial killers and child pornographers?

Oh, wait...

47 posted on 05/25/2013 8:15:25 AM PDT by Tonytitan
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To: Georgia Girl 2

It’s not profiling. It’s math.


48 posted on 05/25/2013 8:15:28 AM PDT by GeorgeTex (Obama-Four M President (Mendacious Manchurian Muslim Marxist))
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To: SandRat

Murray Snow is a Mormon whose father was an LDS bishop. Snow did his 2 years In Mexico and speaks fluent Spanish. The LDS are relentlessly pushing for illegal Alien Amnesty. Snow should have been challenged from the beginning.


49 posted on 05/25/2013 8:16:48 AM PDT by montag813
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To: SandRat
This from the article..."In a prepared statement, Pochoda said all that can be laid at the feet of 'Arpaio's proven willingness to seek political gain at the expense of public safety and constitutional guarantees.'" should have read...

In a prepared statement, were the TRUTH to have been said, the quote should have been; "Arpaio's proven willingness to seek public safety at the expense of political gain and misinterpreted constitutional guarantees is what resulted in a liberal-biased judgement against him."

50 posted on 05/25/2013 8:25:57 AM PDT by harpu ( "...it's better to be hated for who you are than loved for someone you're not!")
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