Post
RE: https://mastodon.social/@heidilifeldman/116010696570778739
#indivisible #SantaFe has finalized the PDFs of flyers with guidance for what to do if ICE/CBP stops your car and how to deal with “ruses” used by ICE. A couple of folks have asked me to email them the pdf files. If you dm me an email address, will share.
We are also printing and distributing the flyers below. If anybody wants pdf files, dm me with an email address for you and I will share. 2/
@heidilifeldman What's the legal rationale for the driver having to give a license? Let's assume for the moment it is settled that a US citizen passenger is not ever required to present id. So the difference between the driver and passenger comes down to laws regulating driving. All of those laws are state laws, delegated to peace officers (ie local and state police).
Why can't you say: I'm happy to produce id/insurance/proof of registration to any peace officer with jurisdiction.
@nil Most states have specific laws requiring drivers to have physical license and proof of registration with them and to present to a peace officer. So your assumption is not applicable to drivers, citizens or others. See, e.g. https://law.justia.com/codes/new-mexico/chapter-66/article-5/part-1/section-66-5-16/
@heidilifeldman right, but why does a federal officer have jurisdiction over state law? Can the FBI write me a ticket for e.g. speeding if they want? The link you cited is interesting, since it says this:
> shall display the license in its physical form upon demand of a magistrate, a peace officer or a field deputy or inspector of the division.
State, county, and local police are all peace officers. An ICE agent is none of these things.
