Question

Jake Williams is an Arizona state police officer. Marcy Smith is driving her car on an Arizona highway. Officer Williams pulls over Marcy because she is driving at an excessive speed. Officer Williams checks the immigration status of the driver, Marcy, and arrests her because she failed to carry required documentation. Officer Williams:
a. may both check Marcy's immigration status and arrest Marcy because he has a reasonable suspicion that she is in the country illegally, but only if Marcy will be arrested for another crime anyway.
b. may both check Marcy's immigration status and arrest Marcy because he has a reasonable suspicion that she is in the country illegally.
c. may neither check Marcy's immigration status nor arrest Marcy, even if he has a reasonable suspicion that she is in the country illegally.
d. may check Marcy's immigration status, but may not arrest Marcy because a state may not make it a crime to fail to carry documentation.

Answer 1

Answer:

D - may check Marcy's immigration status, but may not arrest Marcy because a state may not make it a crime to fail to carry documentation.

Explanation:

It's not a crime to fail to carry documentation in many places. In this particular case, given that Marcy didn't carry documentation, the officer could make a judgment call to see how to procede. He could search the car in their database, search her; many things could be done to determine if she should be arrested, her car held, etc.