Posted on 01/03/2009 4:41:51 PM PST by don-o
Today as I was walking about six blocks from my home, a police cruiser rolled up. The officer said that a woman had called in that a person fitting my description had "been looking into her car." Now, this is without any basis in fact. I looked into no car, except at a street crossing, where I looked in the driver's eyes to assure that I had been seen as I was crossing.
In the course of the exchange, I was asked to produce identification. Which, I did. He also asked me where I was going. I told him. On reflection, I wonder if that is correct policy by the police and what would have happened if I had refused.
Damned shift key (vanity)
ping
Tell him The Messiah doesn’t need to produce papers, so neither do you!
The cop would have claimed you were "obstructing" something. Or he could have claimed you were "failing to cooperate" etc...
I fully expect the US to become more authoritarian. Plus we are well on our way to becoming a surveillance society.
Since when is it illegal to look into somebody’s car. My husband has, what I consider an unnatural fascination with cars. He looks inside peoples cars all the time. I wouldn’t do it but I can’t possibly think that the police would respond to such a call. What would have happened if you didn’t have identification. I never do when I’m walking the dogs. The police must not have had anything important going on.
I myself would probably not have had the presence of mind to ask if “looking into a car” is some kind of investigatable offense.
That said, if he told me he was investigating a crime and I fit the description, I think I’d play along.
I think the Consitutional problem is if you’re just walking down the street and somebody asks for ID without telling you why.
you would have gone to JAIL. DO NOT PASS GO, DO NOT COLLECT $200
When asked for ID by law enforcement, you are required to hand it over, if you have it on you anyways. I don’t remember the particulars, but a man and his daughter were arguing on the man’s property, and refused to produce ID when the cops showed up. It went all the way to the SC where the man lost...JFK
I posed that question in my letter to the Chief.
In New Orleans you would have been shot in the back 12 times.
Well, you could answer the officer’s questions, or you could stand on principle, refuse to comply and be taken in, then questioned. The officer was following up on a citizen’s complaint of suspicious behavior, and you unfortunately fit the description provided to him. Nothing more nefarious than that.
Is it the correct policy of the police to investigate crimes? You can’t be serious.
I do not claim nefarious. I just wonder how a totally false report enables my rights to be suspended, even in this relatively trivial matter.
As for a violation of your rights, was it really that intrusive? I once had a police officer come to my house since a car fitting the description of my car had been involved in a hit-and-run. He asked intrusive questions and entered my house to use the phone (I gave him permission). Upon reflection, I am sure that he may have overstepped his bounds but I had nothing to hide so it really didn't bother me. IMO, if honest people tolerate such MODEST intrusions we would all be better off since the criminals would not be allowed hide behind their “rights.”
There is no crime even alleged; unless you know of a law against “looking into a car.” Which never even happened.
Is it the correct policy of the police to investigate crimes? You can’t be serious.
***
What crime?
pretty good info here, note the mention of the Supreme Court as posted above
http://www.flexyourrights.org/frequently_asked_questions#07
7. When do I have to show ID?
This is a tricky issue. As a general principle, citizens who are minding their own business are not obligated to “show their papers” to police. In fact, there is no law requiring citizens to carry identification of any kind.
Nonetheless, carrying an ID is required when you’re driving or flying. Driving without a license is a crime, and no one is allowed to board an airplane without first presenting an ID. These requirements have been upheld on the premise that individuals who prefer not to carry ID can choose not to drive or fly.
From here, ID laws only get more complicated. In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to disclose their identity to police when officers have reasonable suspicion to believe criminal activity may be taking place. Commonly known as ‘stop and identify’ statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves.
Currently the following states have stop and identify laws: AL, AR, CO, DE, FL, GA, IL, KS, LA, MO, MT, NE, NH, NM, NV, NY, ND, RI, UT, VT, WI
Regardless of your state’s law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you’re involved in criminal activity. Rather than asking the officer if he/she has reasonable suspicion, test it yourself by asking if you’re free to go.
If the officer says you’re free to go, leave immediately and refrain from answering any additional questions.
If the officer detains you, you’ll have to decide whether withholding your identity is worth the possibility of arrest or a prolonged detention. In cases of mistaken identity, revealing who you are might help to resolve the situation quickly. On the other hand, if you’re on parole in California, for example, revealing your identity could lead to a legal search. Knowing your state’s laws can help you make the best choice.
Keep in mind that the officer’s decision to detain you will not always hold up in court. ‘Reasonable suspicion’ is a vague evidentiary standard, which lends itself to mistakes on the officer’s part. If you’re searched or arrested following an officer’s ID request, always contact an attorney to discuss the incident and explore your legal options.
You don’t know that it was a false report, do you? Is there someone in the neighborhood who would want to cause a problem for you? If not, you just unfortunately fit the description provided.
In most areas, a person walking through the neighborhood, looking in cars parked curbside (I assume) would be viewed with suspicion. I’d wonder if that person was looking to break in and steal something. Wouldn’t you?
Well, an investigation has to take place before the other guy’s report can be determined to be ‘totally false’ doesn’t it? Relax, let it go. The best thing that will happen as a result of your letter is that the chief will ignore it, the worst is that the cops will paint a target on you. The cop received a suspicious person call and checked it and you out. No biggie...JFK
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