Withholding Identity From a Law Officer: Your Right or Not?

Associated Press ^ | March 23, 2004 | Gina Holland

[BSunday]

If someone is a repeat offender, then it is even more important that the cops know who you are, for the sake of public and personal safety. Using the briefs logic, nobody would ever get arrested - the prosecutor's, in a hiring boon to the lawyer industry, would be required to ride along with all police cars. Yeah, I can see it now - One officer to another "Hey Bill, I had to put our squad car back in the motor pool and get a temporary one, because we needed an oil change, tire rotation, and a new prosecutor"

[Cap'n Crunch]

Interesting. You enter a conversation that I'm having with someone else, throw in your 2 cents, without bothering to read what I have written, and then tell me I am not following standard practice.

[cinFLA]

"I hate cops!"

I think these guys have real series problems.

[green iguana]

he had observed a man hit a woman inside a red and silver GMC truck

I read that. I hope that we can both agree that eyewitness' tend to be one of the least reliable types of evidence. If I hadn't read that Hiibel's daughter says that she was doing the driving and the hitting, I probably would move towards your position. But since she does, my guess (and yes, that's all that it is) is that Mr. Riddley saw some hitting going on and made the (usually correct) assumption that it was the man doing the hitting.

[cinFLA]

I believe that when you invoke the 5th you are required to "NOT REMAIN SILENT" inorder to do so.

[green iguana]

By the way, how did you cut and paste from a pdf file? I've never been able to figure that one out.

[cinFLA]

If I hadn't read that Hiibel's daughter says that she was doing the driving and the hitting, I probably would move towards your position. Why do you give more credence to his web-site (which contains multiple self-serving errors) than to the legal documents he has filed! If HIS legal document says she was on the passenger side of the truck, why do you doubt HIS LEGAL WORD?

[Cap'n Crunch]

Yeah, they do. Same as the people I see when I'm on duty, give you the "rather see you dead" look. Don't know you, just see you in a uniform and their minds are made up.

Must be miserable.

[cinFLA]

On a PDF file, you have to select the "T" tool to select text. However, they are able to 'protect' the files form copying.

[green iguana]

If HIS legal document says she was on the passenger side of the truck, why do you doubt HIS LEGAL WORD?

His legal document from my post #405 emphatically states that she was driving. I know of no one who drives from the passenger side of a vehicle.

[American_Centurion]

The police have a right to know who you are in the performance of their duties.

Since this discussion is exactly about enumerated rights, please cite where this purported right is listed.

[cinFLA]

Must be miserable.

Maybe FR gives them a relief valve to vent their anger but it amazes me how they will distort the facts to try to make their case.

[cinFLA]

I posted from his writ the statement that she was on the passenger side. Do you disagree witht this?

[green iguana]

Thank you. From the link in my post #405:

An erroneous factual assumption has unfortunately made its way into this case, namely, that Mr. Hiibel’s teenage daughter was the passenger and that Mr. Hiibel was driving. The trier of fact made no such finding, nor does the evidence support such a finding. See, e.g., Defendant’s Exhibit A (6 minute videotape of incident), Justice Ct. Tr. Trans. Vol. II, Feb. 13, 2001, at 21; and Trooper Merschel’s testimony that Mr. Hiibel indicated he was not driving, Justice Ct. Tr. Trans. Vol. I, Nov. 7, 2000, at 11. The Justice of the Peace who was the factfinder in this case found only that the female was in the cab of the truck, not that she was the passenger. J.A. at 4. On appeal before the district court the focus was on the officer’s investigation of an alleged domestic battery, not a drunk driving situation.

May I reiterate: An erroneous factual assumption.

[Cap'n Crunch]

yeah, like that Simon and Garfunkel line: all lies in jest 'til a man hears what he wants to hear and disregards the rest... (like the truth hahahahaha)

Must be democrats.

[cinFLA]

You completely ignore my post relating to his statement that the girl was on the passenger side. Do you or do you not agree with Mr. Hiibel's statement that she was on the passenger side?

[green iguana]

I posted from his writ the statement that she was on the passenger side. Do you disagree with this?

Do you have a link for this writ? I would need to read the statement in context to make sure he isn't talking about some point in time when she moved over to the passenger side to talk to him after they had stopped.

[Cap'n Crunch]

Gotta go, you sure held your own on this thread.

Salute!

[cinFLA]

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.