John Smith and Hank Thomas are Customs patrol officers on the border between Arizona and Mexico and are charged with enforcing the state’s stop and identify law. John and Hank are on patrol when they see a car with two suitcases on top being driven along the state highway that is about 3 miles from the official border between Arizona and New Mexico. The driver, Miguel Sanchez, is driving the speed limit.

Hank and John pull over the vehicle. Hank gets out and asks Miguel to get out of the car. Hank observes what appears to be a Hispanic couple in the back seat and asks them to get out as well. He asks Miguel for his license and registration, which he produces, and then asks the couple, Juan and Maria Gomez, for their full names and identification. Juan starts speaking in Spanish and appears as if he does not understand. Hank then explains to him that it is misdemeanor in Arizona to refuse to give one’s full name upon the request of a peace officer.

He does not tell them that they are suspected of committing a crime. Juan again starts speaking in Spanish. At that point, Hank decides to ask Miguel about the suitcases on top. Hank asks Miguel to open them. By this time, Miguel is annoyed and refuses. Hank then reaches up, gets one of the suitcases down, and opens it (which is tied with a rope). Inside, Hank finds an unregistered gun. Hank then arrests the couple but tells Miguel he can go. When the couple is questioned further at the station, it becomes clear, after an interpreter is called, that Juan is a legal US resident but that Maria is not. The Federal Government, after a referral from the State of Arizona, begins deportation proceedings against her. The American Civil Liberties Union (ACLU) decides to represent her.

1. What are the constitutional issues that could arise here? (200-300 words)
2. Hank is required to follow Arizona Code section 13-2412. After finding and analyzing the Code, did Hank take the proper actions under Arizona law? Why or why not? (200-300 words)