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View Full Version : Interesting thing I just read while reading Penal Codes: PC 834(b)


pnkssbtz
11-14-2007, 7:00 PM
Wow... so LA and San Fran are breaking State Law...
834. An arrest is taking a person into custody, in a case and in
the manner authorized by law. An arrest may be made by a peace
officer or by a private person.


834a. If a person has knowledge, or by the exercise of reasonable
care, should have knowledge, that he is being arrested by a peace
officer, it is the duty of such person to refrain from using force or
any weapon to resist such arrest.


834b. (a) Every law enforcement agency in California shall fully
cooperate with the United States Immigration and Naturalization
Service regarding any person who is arrested if he or she is
suspected of being present in the United States in violation of
federal immigration laws.
(b) With respect to any such person who is arrested, and suspected
of being present in the United States in violation of federal
immigration laws, every law enforcement agency shall do the
following:
(1) Attempt to verify the legal status of such person as a citizen
of the United States, an alien lawfully admitted as a permanent
resident, an alien lawfully admitted for a temporary period of time
or as an alien who is present in the United States in violation of
immigration laws. The verification process may include, but shall
not be limited to, questioning the person regarding his or her date
and place of birth, and entry into the United States, and demanding
documentation to indicate his or her legal status.
(2) Notify the person of his or her apparent status as an alien
who is present in the United States in violation of federal
immigration laws and inform him or her that, apart from any criminal
justice proceedings, he or she must either obtain legal status or
leave the United States.
(3) Notify the Attorney General of California and the United
States Immigration and Naturalization Service of the apparent illegal
status and provide any additional information that may be requested
by any other public entity.
(c) Any legislative, administrative, or other action by a city,
county, or other legally authorized local governmental entity with
jurisdictional boundaries, or by a law enforcement agency, to prevent
or limit the cooperation required by subdivision (a) is expressly
prohibited.


834c. (a) (1) In accordance with federal law and the provisions of
this section, every peace officer, upon arrest and booking or
detention for more than two hours of a known or suspected foreign
national, shall advise the foreign national that he or she has a
right to communicate with an official from the consulate of his or
her country, except as provided in subdivision (d). If the foreign
national chooses to exercise that right, the peace officer shall
notify the pertinent official in his or her agency or department of
the arrest or detention and that the foreign national wants his or
her consulate notified.
(2) The law enforcement official who receives the notification
request pursuant to paragraph (1) shall be guided by his or her
agency's procedures in conjunction with the Department of State
Guidelines Regarding Foreign Nationals Arrested or Detained in the
United States, and make the appropriate notifications to the consular
officers at the consulate of the arrestee.
(3) The law enforcement official in charge of the custodial
facility where an arrestee subject to this subdivision is located
shall ensure that the arrestee is allowed to communicate with,
correspond with, and be visited by, a consular officer of his or her
country.
(b) The 1963 Vienna Convention on Consular Relations Treaty was
signed by 140 nations, including the United States, which ratified
the agreement in 1969. This treaty guarantees that individuals
arrested or detained in a foreign country must be told by police
"without delay" that they have a right to speak to an official from
their country's consulate and if an individual chooses to exercise
that right a law enforcement official is required to notify the
consulate.
(c) California law enforcement agencies shall ensure that policy
or procedure and training manuals incorporate language based upon
provisions of the treaty that set forth requirements for handling the
arrest and booking or detention for more than two hours of a foreign
national pursuant to this section prior to December 31, 2000.
(d) Countries requiring mandatory notification under Article 36 of
the Vienna Convention shall be notified as set forth in this section
without regard to an arrested or detained foreign national's request
to the contrary. Those countries, as identified by the United
States Department of State on July 1, 1999, are as follows:
(1) Antigua and Barbuda.
(2) Armenia.
(3) Azerbaijan.
(4) The Bahamas.
(5) Barbados.
(6) Belarus.
(7) Belize.
(8) Brunei.
(9) Bulgaria.
(10) China.
(11) Costa Rica.
(12) Cyprus.
(13) Czech Republic.
(14) Dominica.
(15) Fiji.
(16) The Gambia.
(17) Georgia.
(18) Ghana.
(19) Grenada.
(20) Guyana.
(21) Hong Kong.
(22) Hungary.
(23) Jamaica.
(24) Kazakhstan.
(25) Kiribati.
(26) Kuwait.
(27) Kyrgyzstan.
(28) Malaysia.
(29) Malta.
(30) Mauritius.
(31) Moldova.
(32) Mongolia.
(33) Nigeria.
(34) Philippines.
(35) Poland (nonpermanent residents only).
(36) Romania.
(37) Russia.
(38) Saint Kitts and Nevis.
(39) Saint Lucia.
(40) Saint Vincent and the Grenadines.
(41) Seychelles.
(42) Sierra Leone.
(43) Singapore.
(44) Slovakia.
(45) Tajikistan.
(46) Tanzania.
(47) Tonga.
(48) Trinidad and Tobago.
(49) Turkmenistan.
(50) Tuvalu.
(51) Ukraine.
(52) United Kingdom.
(53) U.S.S.R.
(54) Uzbekistan.
(55) Zambia.
(56) Zimbabwe.
However, any countries requiring notification that the above list
does not identify because the notification requirement became
effective after July 1, 1999, shall also be required to be notified.

M. Sage
11-14-2007, 7:11 PM
I'm telling you, the only reason the FBI has an office in San Fran is to investigate the local government.

DRM6000
11-14-2007, 7:13 PM
you can add san rafael to that list. they too, will not cooperate with ice.

Shotgun Man
11-14-2007, 7:15 PM
What if you can't find your birth certificate and you don't have a passport. Do you get deported?

jester
11-14-2007, 7:34 PM
Nice find!




What if you can't find your birth certificate and you don't have a passport. Do you get deported?

LOL! To where?

Shotgun Man
11-14-2007, 7:37 PM
LOL! To where?

To wherever it's convenient to the government. Probably Tijuana.

.223
11-14-2007, 7:39 PM
To wherever it's convenient to the government. Probably Tijuana.

Sounds like a free one-way ticket to me ;)

Shotgun Man
11-14-2007, 7:52 PM
Sounds like a free one-way ticket to me ;)

I don't know why I would want a free one-way ticket to a country whose language I don't speak, where I've only visited as a tourist.

I mentioned Tijuana because it abuts California.

My overarching point is that such legislation as was earlier posted is a step in the door to having a national i.d. card system.

Local law enforcement is tasked with determining who is citizen or not. I would hate to see a system of enforcement where I have to prove my citizenship.

I don't think the fact that I'm an obviously american, handsome, physically fit, dark Irish type coming from a military family should entitle me to special treatment with law enforcement, whereas my latino snowboarding buddy is sweated in the interrogation room for hours.

The next logical step, to treat everyone fairly, is to have the citizen affirmatively prove his citizenship, with national i.d. cards. That's an intrusion by the government that I would abhore.

Shotgun Man
11-14-2007, 8:10 PM
they pay for your trip there and all you do when coming back is say "i'm a us citizen.they don't check most peoples ids

Phew!! I was worried that it would be Born In East LA revisited.

G17GUY
11-14-2007, 9:13 PM
http://www.youtube.com/watch?v=T74VA3xU0EA

Don't worry if you get deported you can come back soon.

AKman
11-14-2007, 9:28 PM
Enforcement of Penal Codes: PC 834(b); another job American citizens won't do. Unfortunately, this is a job illegal aliens won't do either.

WokMaster1
11-14-2007, 10:15 PM
sorry to bust your bubble, folks. that is the old penal code. The new one is coming out soon. Hillary is giving it a final spell check.:D

yellowfin
11-14-2007, 10:18 PM
It almost makes me wonder: if I commit a crime in Georgia, do they ship me to England?

Scarecrow Repair
11-15-2007, 6:46 AM
My overarching point is that such legislation as was earlier posted is a step in the door to having a national i.d. card system.

Welcome to the land of hypocrites .... I suspect that most of the people who scream so loudly about illegal immigrants also scream loudly about government intrusion, but can't see the connection between the two. There are only two ways to control people crossing a border: control the border or control the people. The border is 2000 miles, mostly inhospitable, and leaks like a sieve. You can't control it without massive manpower, and we have seen how well that works in the War On (Some) Drugs; ie, it leads to corruption on just as massive a scale. Controlling the people requires government intrusion in the form of national ID cards, and once again, massive corruption. Look at how easy fake ID is to get for kids wanting to drink. Imagine bored border guards looking at thousands of IDs every hour -- imagine how well they get inspected.

Trying to stop illegal immigration will be more hopeless than stopping illegal drugs. Just another step on the road to a police state.

Harbinger
11-15-2007, 7:53 AM
Controlling the people requires government intrusion in the form of national ID cards, and once again, massive corruption. Look at how easy fake ID is to get for kids wanting to drink. Imagine bored border guards looking at thousands of IDs every hour -- imagine how well they get inspected.

Trying to stop illegal immigration will be more hopeless than stopping illegal drugs. Just another step on the road to a police state.

Believe it or not, there's a third option. Require proof-of-nationality/residency for employment and all government benefits. Require verification of all SSNs (is the person dead? multiple employments on same SSN?) before employment or benefits are granted. Make the penalties to employers and government agencies intolerable, if the verification is not performed.

We're going about this all wrong. If you turn off the money tap, the immigration will stop.

Mike

subdjoe
11-15-2007, 8:23 AM
"Wow... so LA and San Fran are breaking State Law..."

So, what else is new?

pnkssbtz
11-15-2007, 11:06 AM
What if you can't find your birth certificate and you don't have a passport. Do you get deported?

That is a good question.

But you don't automatically get deported. The officer has to suspect it, and INS or whatever it is called now has to confirm it.


And you are telling me you can't provided identification without physical papers (licenses etc.) from memory?

N6ATF
11-16-2007, 1:09 AM
The border is 2000 miles, mostly inhospitable, and leaks like a sieve.

I think the soldiers who have fought in Afghanistan might prefer the U.S. Mexico border in terms of hospitality.

Mexico's already at war with us, by telling its citizens to/giving them little choice but to invade the U.S., and it's military providing armed incursions in support of drug traffickers.

Either the military needs to be deployed as a border guard or we need to invade Mexico in return for their ongoing acts of war.

Alan Block
11-16-2007, 11:40 AM
They can darn well deport me to Tahiti!

Smokeybehr
11-16-2007, 12:36 PM
Either the military needs to be deployed as a border guard or we need to invade Mexico in return for their ongoing acts of war.

I've said it before, and I'll say it again...

The Marines need to make another visit to the Halls of Montezuma (http://en.wikipedia.org/wiki/Battle_of_Chapultepec).

N6ATF
11-17-2007, 1:04 AM
Ah, the Marines' hymn, adapted for the http://en.wikipedia.org/wiki/Jack_of_All_Trades#Theme_song