I don’t know how to handle this Law question and need guidance.

Research Paper Topic:

I chose Scenario 1. I will be answering the Sheriff’s questions as to the Fourth Amendment rights of persons who are stopped when assumed to be illegal immigrants who are actual citizens.

Research Paper Problem Scenarios

Scenario #1:

The governor has just signed into law legislation which gives police the authority to stop anyone in a car or on foot and make inquiry if the officer has reasonable suspicion to believe that the individual is an illegal immigrant. As you can imagine, there is a lot of controversy over this new law. There are challenges to similar laws in Arizona and Alabama and perhaps, other states. The Sheriff wants you to do some research.

Does she have to enforce the law if it might be found unconstitutional by an appellate court in the state? If she does enforce it, what kind of training does she have to provide to officers when the standard for a stop is so vague? What kinds of stops would be legal or a violation of constitutional rights? What if an officer refuses to enforce the law? What can the Sheriff do? If she took some adverse employment action against the officer because of his refusal to enforce the law, could the Sheriff be vulnerable to a law suit?

Finally, the community is up in arms. Some want the law enforced because they believe that illegal immigration has resulted in a loss of jobs. Some think that the law will lead to numerous Fourth Amendment violations and racial profiling. How does the Sheriff deal with all of her obligations as a law enforcement administrator: to the department, to her officers, and to the public in order to maintain the public’s confidence and truth.



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