Cocaine Possession Laws: Illegal Presence in US Not a Crime, Court Says?

Question by fateridder: Illegal Presence in US Not a Crime, Court Says?
If you can get past the border guards and into the United States, you’re no longer violating the law, according to a Kansas Court of Appeals decision.

The ruling comes after an illegal immigrant, Nicholas Martinez, was sentenced to a year in jail after pleading guilty to possession of cocaine and endangering a child. Court documents say Martinez was caught in an undercover sting by detectives in Barton County, Kansas (about 120 miles northwest of Wichita), using his young son to help sell cocaine.

Under Kansas law, the charges (and plea bargain) would have landed Martinez on probation. But the judge in the case said the defendant couldn’t be put on probation because of his immigration status.

See link – http://www.cnsnews.com/ViewNation.asp?Page=/Nation/archive/200708/NAT20070821c.html

Question – What are your thoughts ?

Best answer:

Answer by bravozulu
So the judge is saying that he is above the law and able to break any law he wishes. Is there a limit for this judge, I wonder.

Know better? Leave your own answer in the comments!

Find More Cocaine Possession Laws Information…

3 Responses to “Cocaine Possession Laws: Illegal Presence in US Not a Crime, Court Says?”

  • honeybeejim:

    We need a lot of new judge,es in the u.s.a. who know how to read. [ Like the Constitution]

  • faulty_cortex:

    A ruling by a Kansas judge only carries weight in Kansas, but look at all of the good this gentleman was doing for his community. Surely he desreves to stay in America to continue his occupation of choice!

  • kijafha:

    Well this needs to go to the supreme court so we can get this out in the open. How can you “be” in the country without “entering” the country? How can you “enter” the country without “being in” the country. It’s exactly the same thing.
    Those judges are completely irresponsible for saying that nonsense. They need to lose their jobs.