Chapter 4 policing
First, many historical accounts of police usually focus on cities such as Boston, New York City, Philadelphia, Chicago, and Charleston
Second, most sown officers are employed at the local level in cities and counties
Third, the issue of race and policing continues to be a critical one in the nation’s urban areas
Policing Data
A citizen’s introduction to the administration of justice often begins with contact with a police officer
Although minorities have always been less likely to view the police as favorably as Whites do
During the 1960s, when the National Opinion Research Center conducted a national survey for the President’s Commission on Law Enforcement and the Administration of Justice
Researchers found that 67% of the general public responded that the police did an excellent or good job, and 77% answered the police did a pretty good to very good job of protecting people in their neighborhoods
Non-whites, primarily Blacks, gave a rating of very good half as often as Whites and a not-so-good rating twice as often
According to the National Crime Survey, while 54% of white victims of crime evaluated their local police as good, only 25% of Blacks and 19.2% of Hispanic victims did
Between 2002 and 2011, the majority of Whites continued to have the most confidence in the police
The confidence of blacks increased in 2011 to 43%, although it was still much lower than in 2005, when it was at its highest level in the decade
More recent polling has also found wide racial gaps in the views on police performance
Many factors have contributed to this reduction in confidence in the police: aggressive tactics, shadow immigration enforcement, homeland security and terrorism reduction initiatives, recurring incidents of use of deadly force or brutality, and racial profiling continue to frame confidence in the police.
Police have historically enforced laws that are today widely regarded as violations of the human rights of racial and ethnic minorities
The historically oppressive relationship between police and African Americans is lost in contemporary discussion
Agencies can now issue crime alters and use Reverse 911 calls to inform residents of emergencies
Sherman (2002) described a criminal paradox characterized by improvements in fairness and effectiveness
Three domains that affect public trust
The conduct and practices of the criminal justice system
The changing values and expectations of the culture the system serves
The images of the system presented in electronic media
Therrosit era of police
Began after 9/11, terrorist attacks have resulted in less community involvement, increased federalism, loss of civil liberties, greater reliance on private security, militarization, and a propensity toward errors of justice
The 2001 USA PATRIOT ACT
Used to counter-terrorism, although some viewed it as infringing on the rights of citizens
Overview of Policing in America
There are more than 18,000 federal, local, and state agencies, which vary in size and are bureaucratic and quasi-military in structure
There are Native American (tribal) police agencies, special police agencies with limited jurisdiction, and private police
In municipal agencies, the police role consists primarily of maintaining the social order, preventing and controlling crime, and enforcing the law
After 9/11, the increased emphasis on homeland security changed the role of local law enforcement to include more excellent surveillance capabilities, enhanced punishments for crimes related to terrorism, and improved relationships and communication between federal and local law enforcement
The majority of police officers are white males, even in many locales where minorities are a large percentage of the population
Between 1990 and 2000, minority representation in large police agencies increased from 29.8% in 1990 to 38.1%
Hispanic representation increased from 9.2% to 14.1%, followed by Black representation from 18.4% to 20.1%
Minority officers outnumbered White officers in some agencies, although the ratio of minority police officers to minority group members in large cities had increased only slightly from 0.59 in 1990 to 0.63 in 2000
There were 63 minority officers for every 100 minority citizens
The ratio of blacks increased to 0.74, for Latinos to 0.56, and for other minorities to 0.37
63% of local police departments only employ between 2 and 24 sworn officers
Between 2006 and 2010, there were more than 2,766,630 sworn male and female police; 64.6% were White, 18.7% were Black, and 12% were Latino
The Bureau of Labor Statistics indicates that of the 704,00 police and sheriffs working in 2017, 2.4% were Asian, 13.9% were Black, 10.9% were Latino, and 13.6% were women
Women represented 12.5%, with Blacks at 14.1%, also posting double-digit representation
Hispanics held 7.1% of these front-line supervisory positions, and Asians a paltry 0.9%
The U.S. attorney General is the chief law enforcement officer in the country
The U.S. Department of Justice is the lead agency for enforcing the law, preventing and controlling crime, and ensuring fair and impartial administration of justice
Homeland Security Act created the Department of Homeland Security to provide a more integrated approach to security in the US
It became the largest employer of federal law enforcement officers and created the Transportation Security Administration
DOJ AND DOT were the largest employers of federal officers with arrest and firearm authority
In 2008, there were approximately 120,000 federal full-time police personnel authorized to arrest and carry firearms
The DUS, US Customs and Border Protection, the FBI, and the US Immigration and Customs Enforcement employ most federal law enforcement officers
Most federal officers are White males, and about one-third belong to a racial or ethnic minority group
Racial/ethnic minorities are in the majority among police officers in some major cities across the country, and they have also risen to the top of the policing profession as chiefs in the largest police departments in the United States
There is also the underlying belief that racial/ethnic minority police officers are more in touch with communities that look like them and will be received between and also produce better results
Historical Overview of Race and Policing
Facts about policing minorities and some White immigrants in earlier centuries are often omitted from criminal justice and law enforcement textbooks
American policing is a product of its English heritage
During the Colonia era, there were no formal police departments
The colonists initially made policing the responsibility of every citizen and later utilized the sheriff, constable, and watch system
There were regional differences in policing
In Boston and New Amsterdam, NY, night watches were established, whereas in the South, slave patrols were more common
Unlike the British police, American police agencies were decentralized, locally controlled, and influenced by politics
White immigrants dominated police forces in some cities in the North, and slave patrollers in the South were usually poorer Whites
The first African American police were free men of color who served in police organizations in New Orleans between 1805 and 1830
For the most part, they were responsible for slaves
Social tensions among immigrants, blacks, and native whites often resulted in conflicts and crime
Outside the urban areas, especially on the frontier, policing was characterized as a vigilante in nature
Paid police forces emerged in the 1800s
Social disorder and crime continued to be challenged. This circumstance led to the formation of private police, such as the Pinkerton Agency, and the reorganization of public police
There are two essential reform efforts
First, the late 1800s attempted to reduce political control of the police
The next occurred during the early 20th century and focused on developing more professional police forces
These reforms are essential because some police were abusing their powers and restoring unsavory practices such as corruption and third-degree
During the 1960s, police were closely scrutinized following a great deal of civil unrest and several US Supreme Court decisions, including Mapp v. Ohio, Escobedo v. Illinois, and Miranda v. Arizona
Policing has changed dramatically due to the convergence of several previously mentioned factors, including the hiring of minorities and women, technological developments, community policing, and the research revolution
There are three eras in the history of policing often cited in many law enforcement textbooks
The political (18402 to early 1900s)
Reform (1930s to 1960s)
Community Problem-solving eras (1970s to present)
While significant changes were occurring in policing during our Nation’s history, members of minority groups benefited less than others from these changes
Policing Native Americans
Indian Country must be viewed temporally because federal and tribal laws have changed over time
Federal act of May 19, 1796, set the boundary between Indian Country and the United States; by 1799, the boundary was changed to give federal courts jurisdiction over U.S. citizens who committed crimes against Indians
An Act of March 13, 1817, further extended federal law to prevent white desperados from escaping federal and state law
Indian country or territory was defined as a country within which Indian laws and customs and federal laws relating to Indians are generally applicable
Following the Civil War, the US minimized the political autonomy of tribal leaders and encouraged government representatives to deal with individual Indians and families
Congress established the US-Indian police
By 1881, it composed of 40 agencies, 162 officers, and 653 privates
The US was becoming rapidly developed and settled by whites, which precipitated the demand for the acquisition of Indian land and resources
There were chiefs of Indian police on reservations who often mediated between white man’s law and Indian custom
The general allotment or Dawes Act permitted land to be allotted to individual Indians, making them landowners and farmers
The Dawes Act was extended to the five civilized tribes in Indian territory by the Curtis Act of 1898
The FBI's first major homicide investigation involved Native Americans
Beginning in the late 1800s, the reservations began yielding barrels of oil
By early 19902, the Osage were highly wealthy, considering that in 1923 alone, the Osage Tribe received $27 million
The Osage would receive more money from oil than all the old west gold rushes combined had yielded
After experiencing multiple murders in the early 1920s and no justice from the Bureau of Indian Affaird=s police, the Osage asked for assistance from the Department of justice, and the FBI infiltrated the ibe and uncovered some of the criminals
The FBI had local officers make the arrests since special agents of the FBI did not have the power of arrest or the authority to carry firearms at the time
Public Law 280 transferred federal responsibility for criminal and civil jurisdiction, including law enforcement duties, to six states: Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin, and made it optional for all other states to assert jurisdiction
It was the belief that states and sheriffs were now responsible for law enforcement
On reservations where state laws apply, police activities are administered in the same manner as elsewhere. On reservations where state laws do not apply, tribal laws or Department of the Interior regulations are administered by personnel employed by the Bureau of Indian Affairs, by personnel employed by the tribe, or by a combination of both
By 1976, the Bureau of Indian Affairs and/or tribes maintained law enforcement services on 126 reservations assigned to 61 Indian agencies
Ribes have assumed responsibility and control of policing on many reservations
The typical department is small and, therefore,e provides considerably less police protection than other urban and rural agencies
the Navajo and Seminole police departments are the most significant tribal agencies, but most tribal agencies have fewer than 50 full-time sworn personnel
The relocation program of the Bureau of Indian Affairs transplanted Native Americans to cities in the early 1950s
Policing African Americans
By the early 18th century, most of the early colonies regulated the movement and activities of free and enslaved negroes by enacting special codes to control them totally
During the Antebellum period, slaves were unprotected from crimes by slave owners, including murder, rape, assault, and battery
Patrollers or slave patrols, the first distinctively American police system, existed in every southern colony
Duties included checking passes of slaves leaving plantations, routinely searching slave quarters for stolen property, and administering whippings
Slave revolts were of increasing concern and, along with slavery, mandated a brutal policing mechanism to both protect Whites and dehumanize blacks
During the 1800s, in the North and South, both before and after emancipation, free blacks were treated like slaves
Their movements were regulated: they were prohibited from entering several states and had to be employed to remain in states; in Virginia, an emancipated slave had to leave the state within 12 months or forfeit freedom
African Americans were excluded from policing in most cities until the 1800s.
Back police did serve in Washington, DC, as early as 1861
The first wave of Black police officers in the US appeared during the reconstruction
North and South employed blacks, including Chicago, Philadelphia, Columbia and Charleston, South Carolina, and several cities in Mississippi and Texas
By the 1890s, most blacks had been eliminated from police agencies in the south
The under protection of Blacks by police was a problem in both the North and South during the race riots in the 19th and early 20th centuries
Police did not protect blacks from these attacks on their persons and property, and sometimes, they even participated in these events.
Police officers played a pivotal role in race riots in East St. Louis, Chicago, Tulsa, Detriot, and Washinton DC
In the 20th century federal troops were sometimes called in to assist in restoring order
There were approximately 50 black police by 1940
Although Alabama, Georgia, Louisiana, Mississippi, and South Caroline, the states with the largest black populations, had no black policemen
Blacks made substantial grains in law enforcement after the 196os, although it would take numerous court battles to integrate police departments, and the problems of under protection and police violence persisted into this century
Policing Asian Americans
In 1876, there were 151,000 Chinese in the United States, and 116,000 were in the state of California
Like others, many Chinese immigrated to California in search of gold, although they were known to serve as cooks, laundrymen, and servants
Around 1880, el Paso, Texas, became a point of entry for Chinese laborers from Mexico after the United States made entry for Chinese workers illegal
Often referred to as coolies, the Chinese were involved in laying tracks for the Southerner pacific railroad or remained in el paso after completing railroad tracks that originated in the west
British and American traders had encouraged opium addiction in China in the early 19th century to address a trade imbalance
Opium smoking was common among Chinese immigrants and confined to them between 1850 and 1870
Opium and opium dens gained popularity with the underworld of gamblers, prostitutes, and other criminals
In 1883, several dens were operating in El Paso were frequently by members of both the lower and upper classes
Eventually, they were targeted by the police and other governmental officials because of concerns that whites were mixing with Chinese, viewed by some as polluting
In the 1870s and 1880s, federal, municipal, and state governments passed laws that penalized opium smoking
Dens patronized by whites were the most likely to be raided
After the anti-opium smoking legislation, imports decreased, and this decrease coincided with a reduction in the size of the Chinese population that was also related to more restrictive immigration policies
20th century, asian Americans were more likely to remain in cultural enclaves and less likely to be involved in crime in their communities
Policing Latinos
American capitalists who colonized the southwest during the 1850s and 1860s created a cheap labor force and perpetuated an atmosphere of violence against Chicano immigrants
Latino migrant workers in the southwest received the harshest treatment
As early as 1823, the Texas Rangers engaged in questionable practices ranging from threats to torture, flogging, castration, and lawless executions
The high number of lynchings and killings of Mexicans by Anglo mobs continued without punishment from 1848 to 1916
The number of brutal incidents in Cali and Texas prompted the Mexican ambassador to protest the mistreatment of Mexicans in 1912, formally
The police in Chicago and Gary, Indiana, were more likely to arrest Mexican Americans than poles for drunkenness
White sailors stated that they were attacked by a group of Mexicans, which marked the beginning of what is referred to as the zoot suit riots or sailor riots
The sailors retaliate by going to East Los Angeles and attacking Mexican Americans, especially those wearing zoot suits
The riots continued until June 7, when the navy finally put an end to the wanton attacks by declaring Los Angeles off-limits to military personnel
Recent legislation and activism by stakeholders and activism by stakeholders has heightened awareness of the ongoing scrutiny of browns by federal, state, and local police
The representation of Latinos in local police agencies increased from 4.5% in 1987 to 10.3% in 22007 and was estimated to be 12% in 2013
Policing white immigrants
During the 1800s, immigration increased considerably as waves of Germans, Irish, and the new immigrants
They were viewed less favorably than those who had arrived before 1850
Incoming migrants from eastern and central Europe brought many negative social characteristics often attributable to their race, refer to nationality and culture
Progressive-era reformers saw immigration as a threat to democracy, social order, and American identity
It was easier for foreign-born whites to blend into American society gradually
Many white immigrants were able to secure jobs as police officers
The police often assisted white immigrants in their transition to life in a new country
The Boston police provided firewood and other necessities to Irish immigrants
One function of the Boston police department was to distribute free soup in station houses, especially during accommodate overnight lodgers
The tension between upper and middle-class native-born and foreign-born whites often resulted in more aggressive policing that emphasized law enforcement more than service
Policing of white immigrants depended on whether the police were controlled by political machines friendly to either immigrants or progressive-era reformers seeking to restrict the immorality of immigrants
Because policemen were recruited from the lower and lower middle classes, they had little to no inclination to impose the morality of the upper middle and upper classes on the ethnic ghettos
White immigrants were less the focus of police interest than violent crimes perpetrated by American-born white males
Most persons who have been arrested have been white
Policing minorities has gradually improved as a result of the civil rights movement, federal legislation, affirmation action policies, human rights advocates, community policing, minority political empowerment, minority ascendancy in police organizations, policing research, and increased media focusing on police behaviors
Despite improved police-community relations, there are several contemporary issues regarding race and policing that continue to impact citizen confidence in the police negatively
Police Deviance
Police deviance: police officer activities that are inconsistent with the officer’s official authority, organizational authority, values, and standards of ethical conduct
Use of force, corruption, perjury, having sex, sleeping, or drinking while on duty, discrimination, and failure to enforce the law are examples of police deviance
Known to exist since the 1800s
President Herber Hoover established the Wickersham Commission to investigate the shortcomings of the administration of justice the third degree, a mostly secret and illegal practice, was a common form of police deviance
Another egregious incident of police deviance occurred in 1999 in Tuli,a Texas, when 46 people, the majority of whom were black, were arrested by Officer Tom Coleman and charged with being cocaine dealers
In 2001, more than a dozen police departments, including Cincinnati, New York City, Detroit, New Orleans, and Tulsa, were under investigation by the DOJ Office of Civil Rights to determine whether they engaged in patterns and/or practices of two types of police deviance, discrimination, and brutality
The OCR was investigating 17 police departments across the county
The OCR also has investigated several agencies including the police departments of Albuquerque, Cleveland, Puerto Rico, Portland, Seattle, and Ferguson
How discrimination manifests itself in police behavior is referred to as reasonable racism
Most courts have authorized police to use race in making decisions to question, stop, or detain persons so long as doing so is reasonably related to efficient law enforcement and not deployed for purposes of racial harassment
Reasonable racial discrimination continues to be viewed as a practical aspect of good law enforcement
Police use of deadly force
Recent societal emphasis on the number of deadly force shootings involving black males
National police crisis of 2014 to 2016
There were daily reports of the killing of young Black men, which were often caught on video which fanned the flames of national outrage and protest
The 2015 Washington Post figures identified more than double the number of police killings of citizens reported in the FBI data
Only California had more than a hundred police killings
There was the sense that police were under attack by the public
Ferguson effect: came in two forms,
First, there was the belief that following the furor surrounding the killing of Michael Brown, the police were being targeted for random retaliatory shootings
Ferguson effect is tied to the belief that because of the scrutiny of police officers following the Ferguson incident, police officers are engaging in de-policing or restricting their police activities to protest their profession being overly scrutinized
Belief perspective I point to differential law enforcement and the possible effects of prejudice and discrimination
Belief Perspective II posits that minorities are involved in crimes that increase their likelihood of victimization by the police
The OCR findings in the investigation of the Ferguson police department as well as other agencies, lend some support to Belif Perspective I.
The National Organization of black law enforcement executives offers some support for the belief perspective as well
The use of excessive force, brutality, and shootings of unarmed minority suspects and undercover officers are symptoms and manifestations of biased policing
Tennesse v. Garner ruled that shooting feeling felons was unconstitutional
The issue of reasonable force by police officers in Graham v. Conner concluded that the perspective of a reasonable officer, as well as the facts and circumstances, must be considered
Goldkamps’s belief perspective II has some support as well
The Death in custody reporting aof 2000 mandates that all states collect and report data on arrest-related deaths
An examination of police officers feloniously killed in the line of duty can be considered as a support for belief perspective II as well
Oponetnsof Goldkamp’s perspective II argie that many victims of police use of excessive force are not engaged in violent criminal acts when they are beaten or killed by police
In 2008, an estimated 776,000 people about 1.9% of the 40 million U.S. residents who had contact with police that year—reported use of force or threat of force
Blacks and younger persons were more likely to have had contact with police that resulted in the use of force
Police Bias
Implicit bias or hidden bias has received considerable attention as researchers attempt to understand what role it plays in criminal justice and how it can be both prevented and controlled
Both historical and cultural influences shape implicit bias
Biased-based policing is a term used to describe how some officer's decisions are based upon stereotypes and negative attitudes about certain people–in this case, racial and ethnic minorities
During the political era, the police were responsible for specific ethnic groups with political power in their neighborhoods
Not only did the police have the authority to arrest, coerce confessions, and recommend charges, but they frequently aided and abetted mob attacks against blacks
Especially during the Jim Crow era of racial violence
Police misconduct and inconsistent enforcement procedures were still issues
During the 1960s, the FBI’s counter-intelligence program was an example of how police bias can manifest in police tactics and operations
Executive Order 13684 established the president’s task force on 21st-century policing;
The task force identified best practices and made recommendations to the president on building public trust and improving collaboration between local police and the communities they serve
Recommendations: increasing the diversity of the policing profession
The use of body-worn cameras was also heavily discussed as a way to increase accountability
Racial Profiling
Racial profiling refers to any action that results in the heightened racial scrutiny of minorities–justified or not
Recognizes that racial discrimination experienced by consumers, travelers, those crossing borders, as well as those subject to searches by police and other governmental officials
Driving while black/brown was the most visible form of racial profiling
Beliefs about those who might commit crimes (predictive), rather than those who committed them (descriptive) it was less formal (based on empirical support) and more informal on empirical support and personal experiences
Wilkins v. Maryland State Police
Highlighting the overrepresentation of African Americans in stops by Maryland state police
State v. Soto with demonstrating that, at least in New Jersey, criminal profiling had become racial profiling
Whren v. United States, the US Supreme Court granted officers the power to stop persons suspected of drug crimes under the pretext of probable cause for a traffic violation
Veil of Darkness Thesis
Veil of Darkness thesis argues that police officers cant engage in racial profiling if they cannot see the race of the driver
If stops of blacks during the day are high and they remain so at night, it could be an indication that Blacks simply are engaging in more traffic violations and the department is not engaging in profiling
If however, stops of blacks fall during the evening, this could be an indication that profiling is taking place
More than 7,000 stops from Oakland, California, and found little evidence of racial profiling
Ritter and Bael (2009) analyzed data on more than 53,000 stops in Minneapolis, and they found statistical differences in the number of stops made by Blacks and Latinos during the day and evening, supporting the presence of racial profiling
Syracuse, New York, the researchers did not find support for the presence of racial profiling
Racial profiling was not prevalent in jurisdictions where there was heavy sentiment to the contrary
Stop and Frisk
Type of racial profiling, referred to as either stop question and frisk, when police stop pedestrians as they go to and from work or school and raise the subway
Commonly referred to as walking while Blacks, these stops occur daily and are viewed as necessary by police and intrusive and unwarranted by citizens
Street stops don’t occur as often as traffic stops, but when they do, fewer pedestrians 71%, report that police behave properly compared to drivers 88% involved in traffic stops
Terry v. Ohio granted police officers the right to stop and detain a person when there is reasonable suspicion that a crime is either in progress or about to occur
The majority of persons stopped were blacks and Hispanics, who were stopped nine times more often than whites
Walking and shopping while black
Bucyling while black
Profiling in airports
Fredrickson and Siljander argued that racial profiling does not exist because race is just one of several factors considered in the process of police profiling
Rather, they posited that criminal profiling may sometimes be racially biased and discriminatory
Ferguson police officers routinely violate the Fourth Amendment in stopping people without reasonable suspicion, arresting them without probable cause, and using unreasonable force against them
BJS conducts the Police Public Contact Survey, and its data are often used in racial profiling research
According to the 2011 PPCS, traffic stops continue to occur more often than street stops, more than 80% of drivers involved in traffic stops believed the police acted properly regardless of race and ethnicity
Traffic Safety Stops vs. Investigatory Stops
In traffic safety stops, officers target especially egregious violators, leaving the rest of us to mosey on at merely 3 or 4 miles per hour over the speed limit
Investigatory stops, officers target people who look suspicious
Criminalblackman is what often triggers investigatory stops and contributes not only to the racial disparities in police stops but also to the negative views minorities, especially African Americans, hold of the police
Investigatory stops are counterproductive to the core crime-fighting mission of policing
There are three suggestions
First, they argue that citizens should not be stopped in their cars or on the streets unless there is clear evidence of criminal behavior
Second, this requirement should be strictly enforced through departmental oversight and the prohibition of pretextual stops except when there is a serious public safety issue
Finally, the authors believe that searchers should be prohibited unless probable cause is present\
Consent searches
Research interest in consent searches following traffic stop has increased
This interest is due at least in part to the use of this type of search in the War on Drugs
Racial profiling is a complex, nuanced phenomenon,n and that race is more symbolic than predictive of stopped drivers' attitudes toward police
Immigration and Policing
President Donald trump
Among his first acts in office was to sign an executive order that banned the accepting of all refugees temporarily and prohibited the entrance of people from seven Muslim-majority countries, including Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yemen
Executive Order 13769, protecting the nation from foreign terrorist entry into the United States, is commonly referred to as the Muslin ban,
Executive Order 13767 calls for the construction of a physical wall along the southern border
American employers have long courted Mexican immigrants
Mexicans and Latinos appear to have transitioned from migrant workers to criminal illegal immigrants: lockdown through legislation
Three agencies within the Department of Homeland Security are responsible for the enforcement of immigration laws: the US Customs and Border Protection, the US Immigration and Customs Enforcement Services, and the US Citizenship and immigration services
DHS ICE implemented Secure Communities: a comprehensive plan to Identify and Remove Criminal Aliens
An effort to improve public safety that included technological advances and cooperation with local and state law enforcement agencies
A multifaceted and multiagency effort that required stakeholders in federal agencies as well as tribal LEAs to work with ICE and other LEASs to apprehend and remove criminal alien
Some states enacted legislation requiring state and local law enforcement officers to act as federal immigration agents
Arizona enacted SB 1070, a controversial immigration law that requires police to enforce federal laws and to check immigration status upon reasonable suspicion that someone is an illegal immigrant.
SB 1070 was copiedwith by other states as well
Shadow immigration enforcement refers to the distorted exercise of regular policing powers by a state or local officer who has no immigration enforcement authority for purposes of increasing immigration enforcement that involves the disproportionate targeting of vulnerable foreign populations for hyper enforcement
The US Supreme Court ruled in Arizona v. United States that some provisions of SB 1070 did interfere with the power of the federal government to enforce immigration laws, including being in the state without legal papers, seeking employment in the state, and arresting a person without a warrant