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Withholding Identity From a Law Officer: Your Right or Not?
Associated Press ^
| March 23, 2004
| Gina Holland
Posted on 03/23/2004 6:10:30 AM PST by wallcrawlr
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To: eno_
What am I "making up?" Just about everything in your post.
141
posted on
03/23/2004 8:24:11 AM PST
by
cinFLA
To: Cap'n Crunch
I just give him free pizza. He's got two captains that wash his car.LOL!
Gotta hate those captains, eh?
142
posted on
03/23/2004 8:27:20 AM PST
by
A2J
(Oh, I wish I was in Dixie...)
To: cinFLA
Just about everything in your post. Then I suppose you could find that magic "witness?"
Or the magic phone line he called on where no records of the call exist?
Or the magically malfunctioning recording system?
Or the magically tragically overworked dispatcher who noted the call but did not call back or otherwise confirm the caller's identity?
There's some powerful magic going on here. Important case. Terribly bad luck with the witness. No wonder cops feel so put upon.
143
posted on
03/23/2004 8:28:17 AM PST
by
eno_
(Freedom Lite - it's almost worth defending)
To: eno_
Please post a link to your claims.
144
posted on
03/23/2004 8:29:01 AM PST
by
cinFLA
To: A2J
Yeah, they get all the overtime, don't have to work the road, make up a bunch of stupid rules... you know how it is.
Well, now it's time for me to do something important. Going to lunch with my beautiful bride of 20+ years.
Hope the cops don't pull me over.
Adios.
To: Sam Cree
Shouldn't freedom of speech include the right to keep one's mouth closed? Absolutely. That is the heart of the matter. You can say what you like, or say nothing at all. Government has no legitimate power to compel speech of any sort.
Because driving on a road paid for by the public has been declared a privilidge, one must legally consent to give ID when driving a car.
This does not apply to other situations, such as walking down a street, being a passenger in a vehicle, etc... And to be perfectly honest, I really don't care if SCOTUS says otherwise - their legitimacy and respectibility lies in their willingness to uphold the Constitution and they have failed miserably in that respect.
146
posted on
03/23/2004 8:32:13 AM PST
by
freeeee
("Owning" property in the US just means you have one less landlord)
To: cinFLA
"Deputy Dove asked Hiibel to identify himself. Hiibel asked why? Deputy Dove explained that he needed his identification because of the reported fight." (LARRY D. HIIBEL, Petitioner, vs. THE SIXTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA AND THE COUNTY OF HUMBOLDT AND THE HONORABLE RICHARD A. WAGNER, DISTRICT JUDGE, Respondent - On Writ Of Certiorari To The Supreme Court Of Nevada - BRIEF FOR RESPONDENT) The deputy did not need to know the guy's name to determine whether the fight had occurred, as the alleged victim was right there.
All the more reason to get his identity.
That doesn't make a lick of sense. Why would he need the guy's name in order to ask the girl, "Was this man hitting you?"
To: A2J
The charge of resisting arrest is not dependent upon the primary charge; it stands alone. If the person did not commit a crime, the arrest was not lawful and a citizen has no obligation to resist an unlawful arrest.
To: cinFLA
It was admitted in the case that the witness could not be located. That is not in dispute. What do you want me to find a link for?
149
posted on
03/23/2004 8:36:35 AM PST
by
eno_
(Freedom Lite - it's almost worth defending)
To: Sweet Land
That, and the "report" of a "fight" was bogus to begin with. The cops lied for convenience. Nobody reported a fight. Nobody could be found who made such a report. No evidence of such a report being called in exists.
150
posted on
03/23/2004 8:38:39 AM PST
by
eno_
(Freedom Lite - it's almost worth defending)
To: eno_
Because I want to compare it to your post of made-up items.
151
posted on
03/23/2004 8:40:14 AM PST
by
cinFLA
To: Wolfie
of course you have to identify yourself to police. That's just a polite way of saying 'Your Papers, Please' and means the same thing. If your papers aren't 'in order' you are going downtown for 'clarification'.
This is something that happens to subjects, not citizens.
So9
To: eno_
That, and the "report" of a "fight" was bogus to begin with. The cops lied for convenience. Nobody reported a fight. Nobody could be found who made such a report. No evidence of such a report being called in exists. Please post a source for your blithering.
153
posted on
03/23/2004 8:40:54 AM PST
by
cinFLA
To: Servant of the 9
The SC will rubber stamp it. There's a war on, doncha know.
154
posted on
03/23/2004 8:41:53 AM PST
by
Wolfie
To: Cap'n Crunch
"I don't know how the cop conducted himself the entire time but from what I saw he did OK."
Cap'n, I just want to say first, thanks for doing the job you do, and in my limited exposure to police dealings, I've always been treated with respect and professionalism.
That said, I do have concerns with what I've seen in the news lately in the manor that officers seem to literally go ballistic during arrests. Beatings that go way over the edge, shootings where the victim is shot 20 some odd times, etc.
I personally feel this is the result of a militarizaion of the police forces which started some 30 years ago. Officers are routinely brought in from other areas which means that they don't know the people in their precinct.
It used to be that the police officer knew the families in the area and watched the kids grow up. He really could be their friend, not anymore.
This in turn breeds distrust which leads to that rude behavior we've been talking about.
To: A2J
A cop cannot legally arrest someone for a misdemeanor unless he personally witnessed the crime. The reasoning is that misdemeanors are minor crimes and because the cop did not witness it, it does not warrant arresting the suspect. The cop should issue a citation to the individual to appear in court.
Now if at that point, the suspect refused to provide some sort of identification to the cop, it would not be improper for the cop to arrest him in order to assertain his identification.
To: Cap'n Crunch
Here it would have been Obstructing Official Business. Or Domestic Violence or Disorderly Conduct, Persisting. Whatever I felt like at the moment. It must make you very sad that you never got to work for Lavrenty Beria at the NKVD.
So9
To: eno_
Nobody reported a fightAre you calling Hiibel a liar?
"Deputy Lee Dove of the Humboldt County Sheriff's Department came on the scene - siren a-wailing - in response to a domestic violence report. Someone saw Mimi arguing with her dad and thought it had come to blows. The witness said that he saw "a man with a black cowboy hat" who "slugged the female". Dove was there to investigate the report."
158
posted on
03/23/2004 8:46:50 AM PST
by
cinFLA
To: Cap'n Crunch
You know what gets me? Banks now ask for people's thumb prints and they comply Banks can ask for anything they want, they are not the Govt.
You don't have to comply with a bank if you don't want to. there are other ways of getting your money.
So9
To: connectthedots
A cop cannot legally arrest someone for a misdemeanor unless he personally witnessed the crime. So, a cop arrives at the scene of an accident, which he didn't personally witness, and where a driver has wrapped his car around a light pole. No injuries.
When the cop approaches the driver, he detects the odor of alcohol and proceeds with ascertaining whether alcohol had anything to do with the accident. He finds that it did and arrests the subject for DWI (DUI in some states), which is a misdemeanor.
Are you telling me that he has to let the driver go after he issues a citation to him?
You're wrong as far as attempting to establish that a cop has to witness a misdemeanor before he can arrest and book a suspect.
Do you live in Canada, maybe?
160
posted on
03/23/2004 8:51:32 AM PST
by
A2J
(Oh, I wish I was in Dixie...)
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