Police ID Checks?

[mikegideon]

"You have the RIGHT to remain silent"

 

This applies in all situations.

 

Rule #6

[LagerHead]

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

 

Luckily I have never been in the situation, but if I ever am, I am going to take the hard way out and fight for my rights. I don't have anything against cops per se. I do, however, have something against any government agent, regardless of their uniform, trying to stomp on my rights. I am just not going to sit idly by and let them do it. 

[monkeylizard]

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.

 

That's incorrect, according to the AG opinion linked by c.a. willard.

 

It would be correct to say that cops have the right to ask you anything they want, but they must have reasonable suspicion of a crime to stop you and ask those questions. If the officer has no reasonable suspicion of a crime, then the citizen can continue on their way and ignore the questions. Doing so does not provide a basis for reasonable suspicion.

 

That said, a person has to decide for themselves if the side of the road is a good place to argue what constitutes reasonable suspicion.

[LagerHead]

That's incorrect, according to the AG opinion linked by c.a. willard.

 

It would be correct to say that cops have the right to ask you anything they want, but they must have reasonable suspicion of a crime to stop you and ask those questions. If the officer has no reasonable suspicion of a crime, then the citizen can continue on their way and ignore the questions. Doing so does not provide a basis for reasonable suspicion.

 

That said, a person has to decide for themselves if the side of the road is a good place to argue what constitutes reasonable suspicion.

 

Good point. Every time I see someone on public property my mind immediately makes the leap to serial killer. ;)

[monkeylizard]

What's unkown to the citizen is whether or not the officer has reasonable suspicion. It's very possible that a BOLO was issued for a person matching the citizen's description. I wouldn't advise simply ignoring an officer in a situation like the one in the OP. If a citizen were to ask "why are you stopping me?" or if the officer asked the age-old phishing question "do you know why I stopped you?" that might be a good place to determine if resonable suspicion exists or not. If the officer's answer is more or less "because it's late and you're out walking" that's clearly not RS. A person has to decide for themselves if that's the time and place to argue the finer points.

[Wyldk2]

I can see where the Police would want to check into a suspicious person of interest if a crime has occurred. But for merely walking along a road, shouldn't matter. But sometimes it's better to not cause conflict than to spend the night in Jail.

 

But look at it this way, You have the right to travel without being harassed by anyone. Minding your own business, not hurting anyone. You should not be asked for ID. But the police are going to do whatever they want, whether we like it or not.

 

But you do have the right to remain silent, you can show your ID and be Mute.

[RED333]

As a teenager I walk a lot, one night a county LEO stopped, asked what was going on.

I told the truth, I was heading to work, he said a neighbor called and reported that

someone was walking the road. So he was sent out to check it out, just doing his lob.

He asked for ID, I gave it to him. He put me in the back of the car, carried me to work.

He let me out at the door, we said our good byes, and I thanked him.

 

Sometimes you just have to go with the flow, it is up to you. Just do not lie.

LEO has a hard job, one I do not want. They do try to "prevent" crime.

 

Yes some LOEs do get a bit pushy, but for the other 99% are really good people.

[gregintenn]

He has the "right" to ask you a question.

 

You have the "right" to not answer, show him your ID, tell him to pee up a rope, ask for his ID, etc.

 

He has a gun, a badge, and likely the local court system on his side, regardless of the situation.

 

He's likely looking for someone to screw with, or else he wouldn't have stopped to begin with.

 

If you've done nothing wrong, you shouldn't have to contend with this, but you are pretty much fighting a losing battle no matter what you do.

 

It sucks, but as Larry Potterfield says, "That's the way it is." :)

[Dolomite_supafly]

Anyone, including cops, can ask you anything. When I see people on my road I do not recognize ask them who they are looking for. I have also been known to ask what their name is as well as if they have an ID. Doesn't mean I am going to get it but I have every right to ask. If nothing else it shows those who might be interested in doing something illegal on my road that people are aware and watching.

 

I can say, without a doubt, that any questions asked by LE is them looking for a criminal offense you have committed.

[Clod Stomper]

When somebody asks me if I have any ID, I say "idee 'bout what?"

When they ask my name I show them my belt.

[daddyo]

I can say, without a doubt, that any questions asked by LE is them looking for a criminal offense you have committed.

 

Which is precisely why I will politely refuse to give them any information if I am within my right to do so.

Edited July 31, 2014 by daddyo

[E4 No More]

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

If more people carried VOX recorders used in court during civil cases then you wouldn't have to worry about such things. But, (and coming from a former LEO who was "sued" for something that he did NOT do), departments don't just say "Oh-well" to civil suits. Many bottom-feeding type lawyers look for the easy score because departments know that it's cheaper to settle than to fight. My department's insurance company paid the prick $10,000 to go away even though it was proven that they story he told was completely false.

[Dolomite_supafly]

I was told by the law director for the department I worked for that to prepare for a case is $15K minimum and that is just getting ready for the initial hearing. He said if they can get away cheaper than that and have a no fault agreement made they will do it.

[MacGyver]

To the OP, getting asked to leave once doesn't give you license to ride this train under another name...

[mikegideon]

If they get back up, shoot 'em again. Perfectly legal  :rofl:

[gregintenn]

To the OP, getting asked to leave once doesn't give you license to ride this train under another name...

Wow! You guys are good!!!! :o :no1:

[rugerla1]

Wow! You guys are good!!!! :o :no1:

Indeed! :up:

[Spiffy]

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.

 

Anyone seen that standup guy where he's talking about the K-9?  Something like they bring out the dog, it sniffs around and starts licking itself. The cop says the dog has indicated drugs. The driver says he's just sitting there licking his balls! The cop says yeah that's his alert, please exit the car.   It's pretty dang funny.

[Spiffy]

Rule #6

 

Never sleep with a co-worker?

[mikegideon]

Never sleep with a co-worker?

 

Looks like you need to repeat the video tutorial :)

[McGarrett]

Rule #6: Never apologize — Its a sign of weakness.

[enfield]

I thought #6 was "Always carry 2 knives".

 

I'm lost.

[RED333]

Rule #6, wear clean undies!