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I have already composed a letter to the Chief of Police. I am not angry, but am slightly annoyed - first, by the false report and secondly by what could be construed as a violation of my 4th Amendment rights. Interested especially of Freepers with knowledge, as well as opinions. Thanks
1 posted on 01/03/2009 4:41:51 PM PST by don-o
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To: don-o

Damned shift key (vanity)


2 posted on 01/03/2009 4:42:29 PM PST by don-o (My son, Ben - Recruit training at Parris Island from October 20)
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To: Congressman Billybob

ping


3 posted on 01/03/2009 4:43:16 PM PST by don-o (My son, Ben - Recruit training at Parris Island from October 20)
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To: don-o

Tell him The Messiah doesn’t need to produce papers, so neither do you!


4 posted on 01/03/2009 4:44:18 PM PST by traditional1 ("The American presidency is not supposed to be a journey of personal discovery")
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To: don-o
I wonder if that is correct policy by the police and what would have happened if I had refused.

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.

5 posted on 01/03/2009 4:46:37 PM PST by Aglooka (Posting from New Hampshachusetts (Formerly New Hampshire))
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To: don-o

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.


6 posted on 01/03/2009 4:47:33 PM PST by beandog
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To: don-o

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.


7 posted on 01/03/2009 4:49:31 PM PST by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: don-o

you would have gone to JAIL. DO NOT PASS GO, DO NOT COLLECT $200


8 posted on 01/03/2009 4:49:49 PM PST by nbhunt
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To: don-o

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


9 posted on 01/03/2009 4:50:17 PM PST by BADROTOFINGER (Life sucks. Get a helmet.)
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To: don-o

In New Orleans you would have been shot in the back 12 times.


11 posted on 01/03/2009 4:51:50 PM PST by TornadoAlley3 (Obama is everything Oklahoma is not.)
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To: don-o

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.


12 posted on 01/03/2009 4:51:51 PM PST by RegulatorCountry
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To: don-o

Is it the correct policy of the police to investigate crimes? You can’t be serious.


13 posted on 01/03/2009 4:54:56 PM PST by Guns are GOOD
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To: don-o
First, how do you know it was a false report? It might not have been you but someone may have caused the woman concern.

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.”

15 posted on 01/03/2009 4:56:22 PM PST by koraz
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To: don-o

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.


18 posted on 01/03/2009 4:59:11 PM PST by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: don-o

Hi don-o, You shouldn’t ever talk to the Police ever. Not from some knee jerk reaction, but for your own protection.

http://kingcorey.com/?p=261

Check out the above video. These guys are right on spot. You have to protect yourself.

The Police don’t have a right to question you ever. Don’t be intimidated with them, be polite, be honest, ask if you are under arrest, ask if you are free to go, don’t say yes to a search. Say get a warrant, say you don’t consent to a search. Invoke your rights, the Constitution is the supreme law of the land, use it.


31 posted on 01/03/2009 5:09:16 PM PST by King_Corey (www.kingcorey.com)
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To: don-o
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.

Sorry, bucko, but there is "basis in fact".....the woman described somebody who looked like you, and the cops acted on it, and rightly so.

When I was in my senior year of high school, a buddy and I ( in his VW bus) got pulled over at gunpoint because of the same "basis in fact"......the bus resembled a vehicle involved in some crime, but we got cleared quicklike, as two kids who'd driven to Tijuana to buy a guitar.

The cop and both of us laughed it off. Don't be a fool and mail your "composed letter to the chief". Take a deep breath on this one, if you're asking for advice (which you seem to be doing.....).

41 posted on 01/03/2009 5:18:44 PM PST by ErnBatavia ("Zero"..STILL using that stupid "Office of The President Elect" podium....)
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To: don-o

It is against the law to be anywhere without ID and you must produce it anytime a cop requests to see it.

You probably don’t need to tell him where you are going though. I’ve used this one before...

cop: where are you going?

Me: (point straight ahead) that way.

Cop: where did you come from

Me: (point straight behind me) that way.

The cop laughed.


42 posted on 01/03/2009 5:19:03 PM PST by mamelukesabre (Si Vis Pacem Para Bellum (If you want peace prepare for war))
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To: don-o

Depends on the state. Some states require by law that you identify yourself to police. Here in New Hampshire, you arguably don’t have to identify yourself unless the cop suspects that a crime has been, is being, or is about to be committed, covered under the prowling statute.


76 posted on 01/03/2009 6:17:40 PM PST by mvpel (Michael Pelletier)
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To: don-o

I would have told the officer that I was staring in shock when I noticed a handgun on top of the passenger seat of her car, wondering if she was a threat or not. Although she didn’t point it diretly at me, she did have her hand on the pistol and was giving me a threatening look.


79 posted on 01/03/2009 6:27:16 PM PST by Joan Kerrey
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To: don-o

I was driving through Lancaster, PA 10 years ago and was pulled over by a police office. I was with another business colleague and we were both dressed in business suits. The officer quickly said that two men matching our description had shoplifted some food from a convenience store.

My colleague and I immediately started laughing as I exclaimed “You mean two good looking men, dressed as businessmen and workout two hours a day ripped off some candy bars”? I apologized while we were all laughing and I was almost to point of tears it was so funny.

The officer said that it was the car that matched the description and we started laughing even harder. We were in Land Rover, not the kind of car that gets mistaken for anything.

I said they must have been pretty stupid to use a Land Rover as a get away car. I was trying not to laugh but it was no use.

Anyway the officer quickly apologized and excused himself.

My friend and I stayed there on the side of road making fun of each other and laughing until our stomachs were hurting.

The point is, most cops are doing their job and protecting you and I from dumb people and bad people.

The office only did a behavior assesment on you and you acted like a good and decent person, er citizen. Passing the first test of the minor “tell” interview he moved on to his job and bade you a good day.

He probably didn’t take any notes regarding you either.

Move on and have a good day.


81 posted on 01/03/2009 6:38:54 PM PST by Vendome
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To: don-o

The SC has ruled you MUST present I.D. to any cop who requests it. And they don’t have to have a reason.

This country is fast becoming another Nazi Germany. So sad.


86 posted on 01/03/2009 7:04:57 PM PST by Terry Mross (Is this our last REAL Christmas?)
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