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zahlmanyesterday at 9:56 PM2 repliesview on HN

Kavanaugh's concurrence (https://www.supremecourt.gov/opinions/24pdf/25a169_5h25.pdf) literally says the opposite:

> To be clear, apparent ethnicity alone cannot furnish reasonable suspicion; under this Court’s case law regarding immigration stops, however, it can be a “relevant factor” when considered along with other salient factors. Id., at 887.


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jakelazaroffyesterday at 10:53 PM

Sure, but the intent and effect is to give cops more leeway in using perceived ethnicity as a factor. In the full passage, he explicitly says that given the prevalence in LA of undocumented immigrants from Latin America working in particular jobs, local police are permitted to detain such workers who appear Latine (i.e. to racially profile them).

A fuller quote:

> To stop an individual for brief questioning about immigration status, the Government must have reasonable suspicion that the individual is illegally present in the United States ... Reasonable suspicion is a lesser requirement than probable cause and "considerably short" of the preponderance of the evidence standard ... Whether an officer has reasonable suspicion depends on the totality of the circumstances ... Here, those circumstances include: that there is an extremely high number and percentage of illegal immigrants in the Los Angeles area; that those individuals tend to gather in certain locations to seek daily work; that those individuals often work in certain kinds of jobs, such as day labor, landscaping, agriculture, and construction, that do not require paperwork and are therefore especially attractive to illegal immigrants; and that many of those illegally in the Los Angeles area come from Mexico or Central America and do not speak much English. To be clear, apparent ethnicity alone cannot furnish reasonable suspicion; under this Court's case law regarding immigration stops, however, it can be a "relevant factor" when considered along with other salient factors.

https://en.wikipedia.org/wiki/Kavanaugh_stop?wprov=sfti1#Sup...

THX1137yesterday at 10:51 PM

Yeah, you would need more than just ethnicity. You can read the Justice's examples directly in the case. Being or looking Mexican on a parking lot may be enough to justify a Kavanaugh stop, but just being Mexican or looking Mexican on it's own is not enough.

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