Police ID Checks?

[Guest Messer]

Just wanted some clarification! A guy I know works at a rest in Red Bank,Tn and one night his car broke down at work about 9pm and he lived 1 mile away so he walked home but en-route a cop car pulls up and he is asked to show his ID to the cop!

I had always heard in Tn they cant just ask for your ID without a serious provocation, but that if one does carry a CCW it is best to show ID ? This guy was not carrying but just walking fast!

So can a cop ask for ID and do you have to show it? Edited July 31, 2014 by Messer

[vontar]

[Guest Messer]

Meaning?????????????????

[rugerla1]

Meaning?????????????????

He's eating popcorn waiting for the show to start (different views on your question)

[gjohnsoniv]

Meaning?????????????????

You're new here aren't you?

[vontar]

Edited July 31, 2014 by vontar

[Guest Messer]

Yes I am new here and all I wanted to know simply is if a cop has a right to ask you for ID while you are out walking or at the Mall ect???????????

I have heard in TN you don't have to show ID unless there is probable cause however if one carries CCW it would be best to show ID?

Not trying to cause a fight or trouble but want to know my rights!

Should I get me some Popcorn ????? LOL

[Oh Shoot]

Yes I am new here and all I wanted to know simply is if a cop has a right to ask you for ID while you are out walking or at the Mall ect???????????

 

Well, I can clear that part up. A cop has a right to ask you any question.

 

- OS

[vontar]

I don't know the exact answer to this, but I am not going to play lawyer on the side of the road.  My odds are not very good.

 

(I can almost completely communicate with memes.)

[Guest Messer]

Well, I can clear that part up. A cop has a right to ask you any question.
 
- OS

But do you have to show ID???????????????

[c.a.willard]

"An officer may not stop an individual and “demand[] identification without any specificbasis for believing he is involved in criminal activity.”    http://www.tn.gov/attorneygeneral/op/2004/op/op148.pdf

 

This does not prevent the officer from requesting.  If you read the whole PDF it should fairly well answer your question.

Edited July 31, 2014 by c.a.willard

[Guest Messer]

Thank's that is what I thought!

[Oh Shoot]

Thank's that is what I thought!

 

So you stick to your "right", and then the cop may feel he then has reasonable suspicion to mess with you more. Can make for a miserable evening. And unless you have deep enough pockets to go for a civil rights suit, your only practical recourse is to file a complaint with the department, which of course will almost certainly see it as a quite trivial matter indeed.

 

Or you could simply show him your ID and tell him why you're walking up the friggin road. Hell, he might offer you a ride home.

 

- OS

[mikegideon]

Lots of good advice. Language warning...

 

https://www.youtube.com/watch?v=uj0mtxXEGE8

[Guest Messer]

That is what I thought!

Reminds me of the time I was pulled over (bolo on similar car, found out later) asked if he could search car I told him Hell No and he called K-9 Unit ( Has to be there within 45 min or you can leave,) Rover sniffed around car (did not sit) and handler said Rover smelled Drugs so searched and found none but Handler swears drugs were or had been used in Car!

 

Yeah, was Moms car which had not been driven in 6 month's and I don't do drugs!

Edited July 31, 2014 by Messer

[mikegideon]

That is what I thought!

Reminds me of the time I was pulled over (bolo on similar car, found out later) asked if he could search car I told him Hell No and he called K-9 Unit ( Has to be there within 45 min or you can leave,) Rover sniffed around car (did not sit) and handler said Rover smelled Drugs so searched and found none but Handler swears drugs were or had been used in Car!

 

Yeah, was Moms car which had not been driven in 6 month's and I don't do drugs!

 

Yep. If they wanna search you, it doesn't matter what the dope dog really says. Once he shows up, they're most likely gonna search.

[Oh Shoot]

Yep. If they wanna search you, it doesn't matter what the dope dog really says. Once he shows up, they're most likely gonna search.

 

Them dogs never tell the truth on the witness stand neither.

 

- OS

[btq96r]

So you stick to your "right", and then the cop may feel he then has reasonable suspicion to mess with you more. Can make for a miserable evening. And unless you have deep enough pockets to go for a civil rights suit, your only practical recourse is to file a complaint with the department, which of course will almost certainly see it as a quite trivial matter indeed.

 

Or you could simply show him your ID and tell him why you're walking up the friggin road. Hell, he might offer you a ride home.

 

- OS

 

From that AG opinion...

The person approached, however, need not answer any question put to him; indeed, he may decline to listen to the questions at all and may go on his way. He may not be detained even momentarily without reasonable, objective grounds for doing so; and his refusal to listen or answer does not, without more, furnish those grounds.

 

 

It takes enough citizens standing up for their rights to keep them.  If the police are giving rides and booking people for refusing to show ID, that needs to be challenged.  My 4th Amendment rights matter to me just as much as my 2nd Amendment rights or any other rights do.  I just wish more people would fell the same.

[mikegideon]

Them dogs never tell the truth on the witness stand neither.

 

- OS

 

That's the whole angle

[Oh Shoot]

and his refusal to listen or answer does not, without more, furnish those grounds.

 

 

It takes enough citizens standing up for their rights to keep them.  If the police are giving rides and booking people for refusing to show ID, that needs to be challenged.  My 4th Amendment rights matter to me just as much as my 2nd Amendment rights or any other rights do.  I just wish more people would fell the same.

 

And again, you have two choices, file a complaint to the department or a civil rights suit. One's free and easy and one ain't.

 

Maybe a third choice, which would be to get news coverage and perhaps involve interest with ACLU or somebody who would pay for a suit.

 

- OS

Edited July 31, 2014 by Oh Shoot

[btq96r]

And again, you have two choices, file a complaint to the department or a civil rights suit. One's free and easy and one ain't.

 

Maybe a third choice, which would be to get news coverage and perhaps involve interest with ACLU or somebody who would pay for a suit.

 

- OS

 

Option 4, let a lawyer keep a higher than normal percentage of any settlement costs as payment.  That might make a few want to take the case.

[DaveTN]

Cops have the right to stop you and ask you anything they want...they truly are an inquisitive bunch.

Where it goes from there depends on the circumstances.

[mikegideon]

Cops have the right to stop you and ask you anything they want...they truly are an inquisitive bunch.

Where it goes from there depends on the circumstances.

 

Is that a gun in your pocket, or are you just happy to see me? :)

[Defender]

Them dogs never tell the truth on the witness stand neither.

 

- OS

"If there's one thing that monkey hates worse than a coon, it's a lying coon dog!"

[enfield]

"You have the RIGHT to remain silent"

 

This applies in all situations.