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Damned uppity black people!

The alleged marijuana was nowhere near their house.

The police have NO power to identify you on your own property without a warrant. Doing so IS a 4th amendment violation.

You may now resume licking the boot on your neck.
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Gee, I’ve been an attorney for 32 years, have argued in multiple federal courts of appeals, and I had no idea that it was a 4th Amendment violation to ask someone to identify themselves on their own property!! Wow, could you provide me with the SCOTUS case that sets forth such a proposition. I’ll shortcut your legal research—there is no such case.

I pity the idiots that condone the obstinate behavior of citizens in relation to the police. I’ve been pulled over more than a dozen times in my life, have had cops come to my door a few times, been questioned by the police (one time they incorrectly believed that I had damaged property in a local park as a teenager). Each time I was very polite and cooperative, even with a couple of police officers that were kind of jerks. Every situation resolved itself without me getting shot or filing a lawsuit. I think I received 10 warnings and 2 tickets.

I had no idea that it was a 4th Amendment violation to ask someone to identify themselves on their own property!! Wow, could you provide me with the SCOTUS case that sets forth such a proposition.

What about the 5th amendment Miranda case?

In the case of this video, the man was standing on his own porch when the officer approached him and essentially accused him of owning a patch of wild marijuana bushes growing two property lines away from his own and then around a corner and into some woods. On that pretext, he demanded that the man give him his name and date of birth.

Questions for the lawyer in you:

At this point, is the man considered to be "under investigation" by the officer?
If the man is under investigation, doesn't the officer have an obligation to inform the man the he is the subject of an investigation and then inform him of his rights?
At that point, doesn't the man have the right to remain silent?
When the man is first approached by the officer who essentially accused him of owning a patch of wild marijuana bushes growing two property lines away from his own and then around a corner and into some woods, is the man being detained or does he have the right to enter his home and close the door behind him?
If the man is being detained and is not allowed to enter his home, doesn't the officer have an obligation to inform the man that he's being detained and then read him his rights (including the right to remain silent)?

-PJ

Gee, I’ve been an attorney for 32 years

So what do ya think about the cops entering his private property without a warrant, accusing them or asking if the pot plants were his which the response was no, and in fact told the cop the area in question was not even on his property which the cop acknowledged. Then they handcuff this homeowner, and put him in a cage because he would not provide his name.

And since this was considered a big enough crime by the cop to arrest and put the man in a cage, then the homeowners is threatened with more cage time if he did not show up in court, after all this,why did the cops not bother to show up for the court date?

Gee, I’ve been an attorney for 32 years,

Then perhaps you can tell us why the arresting officer never showed up in court and the case was thrown out? Furthermore, what is the foundation for the Miranda

So who do you think is going to win in the lawsuit that has been brought against the sheriff's dept?

North Carolina has no “stop and identify” statute. This means that, as a general rule, a person who is stopped by police in North Carolina is NOT required to provide his or her name or produce identification, especially if on the porch of your own house.