Capitol Media Services
PHOENIX -- Saying there have been "abuses of power,'' Gov. Katie Hobbs on Wednesday created a web site designed to tell Arizonans their rights when they're stopped by agents of Immigration and Customs Enforcement or when officers approach their homes.
The site, Arizona Know Your Rights ,contains advice ranging from remaining calm in any encounter to the ability to let agents into their homes. And she takes the position contrary to the Trump administration that officers need only an "administrative warrant'' to enter a home, saying only a judicial warrant "issued by a court and signed by a judge.''
Other provisions tell people to be prepared to carry valid state-issued identification with them, how tribal members should act, and even telling employers they need not allow ICE agents into private areas without a warrant that not only names the business but also the specified areas to be searched.
All this, the governor said, is necessary given what is now occurring.
"I share the fear and anger of many Arizona who, over the past year, have seen far too many instances of federal agents denying us our right to peaceful protest,'' Hobbs said in a video message. That includes instances of arresting and detaining U.S. citizens "and, in horrific cases in Minnesota, shooting and killing two people.''
She also said there needs to be "full, thorough, and transparent investigation into each alleged violation of the law and for accountability for anyone found to have done wrong.''
But the governor also said she wants to emphasize is that people have a right to peacefully protest "without fear of harm or retaliation.''
"Now, more than ever, it's vital that we protect our rights found in the Constitution and make our voices heard in calm and peaceful protest,'' Hobbs said.
The statement and the release of the "know your rights'' document drew an immediate slap by Sen. Jake Hoffman.
"The efforts of Katie Hobbs to aid and protect dangerous criminal illegals like murderers, rapists, and pedophiles are disgusting,'' said the Queen Creek Republican who chairs the Arizona Freedom Caucus. "This latest half-baked ploy by Katie to virtue signal to her extremist voter base is an insult to every law-abiding citizen in Arizona.''
Hoffman, however, did not answer follow-up questions about why he believes that it is improper for the governor to inform all people of their rights.
But Sen. John Kavanagh, who used to be a police officer, said what Hobbs has released is flawed because some of it isn't exactly accurate.
Consider, he said, the governor's statement that people have the right to refuse a personal search, including inspecting the body or clothing, like looking inside someone's pocket.
"She doesn't say that you can't physically resist that,'' said the Fountain Hills Republican. He said the issue of the legality of such a search is a question that doesn't become relevant until someone ends up in court and a judge is asked whether the search was consensual and whether what was discovered can be admitted at a trial.
Then there's the governor's advice about ICE needing a judicial warrant to enter a home. But he said that doesn't mention there are exceptions for "exigent circumstances.''
For example, if officers are pursuing someone who runs into the house, Kavanagh said they have the power to follow. And he said the rule against entering does not apply if when someone opens a door officers see evidence that could be destroyed.
But Kavanagh's biggest objection was to what he believes Hobbs did not say. "If you really want to not have a repeat of what happened in Minneapolis in the state of Arizona, you maybe should also tell people to not provoke the police, to not obstruct them, to not engage in disorderly conduct around them,'' he said. "Those are also illegal acts that can often escalate into tragedy.''
There was no immediate response to the governor's comments and web site from the Department of Homeland Security.
Hobbs' comments come as ICE, after focusing on other states, is now more active in Arizona.
Most recently, that took the form of raids at sports bars in the Phoenix area. That resulted in protests including a march on the Phoenix ICE office, and the use of pepper spray by officers.
So far, though, none of that matches the kinds of confrontations that have happened in states like Minnesota where Homeland Security has flooded Minneapolis with agents who have been repeatedly videotaped pulling people out of cars and threatening protesters with guns.
"It's devastating to see and read about abuses of power that threaten our constitutional rights by some of the very people meant to protect them,'' Hobbs said in her prepared video.
"Those abuses are putting both community members and law enforcement in danger and don't help keep us safe,'' the governor said. "They simply create fear and erode important trust between law enforcement and our communities.''
All of this, Hobbs said, has created "heightened tension,'' something she said makes it critical that people know their rights.
It starts with what happens if someone is stopped by an ICE agent or if one shows up at their door.
Hobbs said people should not run away, physically resist or fight.
She said people can ask why -- and if -- they are being detained or whether they are free to leave.
There also is the right to remain silent and the right to speak with a lawyer before answering questions or signing any documents.
Less black-and-white is the question of being searched.
On one hand, Hobbs' advisory says police can conduct a "protective pat-down'' which is typically performed over the outer layer of clothes to ensure someone does not have a gun or pose a safety risk to officers. But she said people can refuse a personal search, including inspection of someone's body or looking inside pockets.
That is one issue where Kavanagh said those being searched, even if they believe it is improper, cannot legally resist, something the governor does not mention.
Then there's what Hobbs said is the requirement for a judicial warrant to enter a home. And the governor said people can ask to see the warrant, including through a window, before opening the door.
For those who may be detained, Hobbs said anyone with immigration paperwork should make copies and let a trusted family member of friend know where they can be found. And she said those with children should create and share a plan for their care, with the legal right to make a phone call immediately so that a caretaker can come.
Hobbs also said that those whose rights were violated should not only consider contacting a lawyer but also should file a report with Attorney General Kris Mayes who has set up a website for members of the public to report "potential unlawful activity by federal agents or personnel.''
A spokesman for the office said it already has received about 30 such complaints, including videos. Richie Taylor said many of them relate to the raids at the sports bars and ICE agents deploying chemical irritants.
He said the complaints are still being reviewed.
Kavanagh said he thinks there's another reason for the governor's video statement and publication of the list.
"I think she's trying to score points with her Democrat base, especially after criticizing Mayes for what she said,'' Kavanagh said.
Last week, Hobbs said the attorney general should retract her statements that the tactics of masked ICE agents, coupled with the fact that Arizona law allows Arizonans not only to carry weapons but also use deadly force, creates a "recipe for disaster,'' putting both citizens and law enforcement in danger.
"I'm sure she's getting criticism that she's a traitor and now she has to reestablish herself as being anti-ICE,'' Kavanagh said.
"That's baseless speculation,'' said gubernatorial press aide Christian Slater, saying the website has been in the works for weeks, even before the shootings in Minnesota. "It's pathetic that Sen. Kavanagh thinks elected officials need political incentives to protect the rights found in our Constitution.''
Slater also said he was "unaware'' of any complaint registered with the governor's office about the comments Hobbs made.
Still, on Tuesday, the governor said in an interview on KTAR that she believes the attorney general's comments were "misconstrued.'' But Hobbs said she still believes that Mayes should retract what she said, saying "It's not something I would have said.''