It is clear that Escondido's new law against "Driving while Hispanic" will need to be tested in higher courts before it becomes a legal law. These two men apparently are attempting to test that law.
Are all Americans required to put their window down all the way when stopped by a police officer? Or is it resisting arrest to not do so? On our car, the driver's window didn't work for many years. Would we be accused of resisting arrest? Would the police break our window. I assume the police wouldn't pay to repair a window they broke either.
In this Escondido situation, the police aren't trying to find DUIs, Smugglers, or other violations -- they are only trying to find illegal immigrants to harass. Is that a crime worthy of further eroding our rights as citizens?
The requirement to open a window to avoid a charge of resisting arrest is a "slippery slope." Do we have to open our car door? Do we have to open our trunk? Do we have to show them the contents of our cell phone, ipod, laptop? Do we have to submit to a strip search?
It isn't clear to me that our law enforcers -- to include police, prosecutors, and judges, are using common sense.
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