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Refusal to present ID sparks test of rights
The Rocky Mountain News ^ | November 29, 2005 | Karen Abbott

Posted on 11/29/2005 12:32:57 PM PST by CedarDave

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To: Clock King
She exercised her right to be a martyr.Club
41 posted on 11/29/2005 1:49:30 PM PST by verity (Don't let your children grow up to be mainstream media maggots.)
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To: taxed2death

Excellent point -- illegals get a pass (even at the voting booth!!) while law-abiding Americans pay the price (financially and otherwise).


42 posted on 11/29/2005 1:51:50 PM PST by CedarDave (The GOP has adopted the Chirac Negotiation Strategy: Posture, appease, surrender.(attribute to cgbg))
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To: CedarDave
Interesting conflict of priorities. The right to be secure in your own person vs. requirements to fight the war on terror.

It's interesting, but I don't think she has much of a case. The bus was on Federal property at the time. Most Federal facilities have implied consent, meaning that by entering that facility, you consent to be searched if requested. I work on a military installation, and there is a sign to that effect clearly posted as you drive onto post, just before the security checkpoint.

According to the article, checking ID was a regular part of the bus trip as the bus passed through the federal property. After her very first trip, she would have known this. If she really had heartburn over it, she should've found an alternate means of transportation. Personally, I think she's just grandstanding.

43 posted on 11/29/2005 1:53:09 PM PST by Terabitten (Illegal immigration causes Representation without Taxation.)
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To: Clock King
F-ing ASSH*** control freak COPS!

Please tell me you forgot the sarcasm tag.

44 posted on 11/29/2005 1:54:23 PM PST by Terabitten (Illegal immigration causes Representation without Taxation.)
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To: mvpel

First, I notice that you dodged the questions.

Now, Several of the 9 11 hijackers had overstayed their visas. If they refuse to give up their ID they can hide that fact. When they can be detained until such time they are ID'd then the visa issue would come out. (you see this is 'more' being done after 9 11 that very well could have avoided the events of that day.

A major key to security is accurate identification.

You claim individual rights that folks died for...show me where, in the constitution, it says that you have a right to withhold your identity from a law enforcment official when they directly ask you for it.

Remember now your 4th and 5th arguments have already been struck down..... How about answering to me what you WILL allow law enforment officials to do????

It occurs to me that you have opposition without alternative solution. You strike me as the type that complained that MORE should have been done, and like the ACLU, has opposed EVERY MEASURE tabled or taken since 911 to accomplish that more for the future....all the while NEVER offering up what YOU think the more should be.

A cop asking you who you are is HARDLY unreasonable! In fact, it is part of their JOB!

Put your money ( alternative) where your mouth(opposition) is.


45 posted on 11/29/2005 1:55:12 PM PST by BlueStateDepression
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To: The_Victor
I'm no Constitutional expert, but it seems to me that if the Federal Center requires an ID check prior to entry, then the buses should either require an ID check prior to boarding the bus which enters the facility, or the bus should change it's route to bypass the facility. Quite honestly, I think the city is a fault here.

I think you're right.

46 posted on 11/29/2005 1:56:40 PM PST by Terabitten (Illegal immigration causes Representation without Taxation.)
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To: taxed2death

It is time that all people present ID when asked to do so.
The act of requesting ID shouldn't be the debate (imho). What should be is the context in which it is asked.

That is to say I think it is reasonable to stop you out in public and request ID where I would find it unreasonable to just knock on doors and request it. I find a clear line there.


47 posted on 11/29/2005 1:57:44 PM PST by BlueStateDepression
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To: CedarDave
Davis has four children, including a 21-year-old son serving in Iraq with the Army and a 28-year-old son who is a Navy veteran.

Ironic that both she and her son are fighting for freedom on opposite sides of the world.

Hopefully she never visits Miami.
48 posted on 11/29/2005 1:58:24 PM PST by af_vet_rr
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To: faloi

A troublemaker huh? Let me see your papers!


49 posted on 11/29/2005 1:59:21 PM PST by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: BlueStateDepression
You claim individual rights that folks died for...show me where, in the constitution, it says that you have a right to withhold your identity from a law enforcment official when they directly ask you for it.

I have a right to be secure in my person, papers, and effects from unreasonable search and seizure. Aside from that, rights don't come from the Constitution, they exist in a state of nature according to the philosophy of the Founders, and just governments are constituted to secure those natural rights.

America was founded on the belief that people have the right to be left alone by government, and that governments powers would be sharply limited and confined to certain specific areas of authority.

We have gone way too far afield from that, the way I see it.

50 posted on 11/29/2005 1:59:49 PM PST by mvpel (Michael Pelletier)
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To: af_vet_rr

What freedom is she fighting for exactly?


51 posted on 11/29/2005 2:00:28 PM PST by BlueStateDepression
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To: The_Victor
Quite honestly, I think the city is a fault here.

Only partially at fault - she shouldn't be required to show an ID, because the bus should not be venturing where it's going - in my mind, the threat is not the people on the bus, but the fact that a non-federal vehicle is allowed into the area that the bus is driven into.
52 posted on 11/29/2005 2:02:00 PM PST by af_vet_rr
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To: BlueStateDepression
UMMM so when police are doing random checks, as in New York recently, how exactly am I wrong? This was a random check that has been done for quite some time. What i said may well need more added to it but it was hardly wrong.

Apples & oranges. It's the difference between searching someone's personal belongings & demanding an ID. There's already (terrible) Supreme Court precedent that basically says people on public transportation & busses have less Fourth Amendment protection for searches.

I said it before and ill say it again, if you are asked for ID and you refuse it, you can be lawfully detained until such time as your ID can be established.

Well, you may ultimately be proven right in this case. However, you said Hiibel gave them the authority to do it. It does not.

Hiibel was if a) there's a suspicion of criminal wrongdoing and b) there's a state law authorizing such. I don't know about "b" in Colorado but "a" does not apply here.

53 posted on 11/29/2005 2:03:01 PM PST by gdani
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To: antiRepublicrat

Yes, but showing ID to vote is considered racist and improper.


54 posted on 11/29/2005 2:04:53 PM PST by doc30 (Democrats are to morals what and Etch-A-Sketch is to Art.)
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To: mvpel

is a city bus your person? Your posession? your papers? Your effects?

"Justice Anthony Kennedy said, "Asking questions is an essential part of police investigation. In the ordinary sense a police officer is free to ask a person for identification without implicating the Fourth Amendment."

You cite your rights using the consititution and then you say they do not come from the constitution.....which is it?

You have it in your head that the government is your number one ENEMY, it is you that is way out in left field.

In no way did our founders lay the groundwork for a country that outlaw any form of identification. Signing the declaration of Independence sure wasn't an attemp to conceal identity now was it?

Present your alternatives please. Or accept that you take a position of opposition without alternative solution. All i am asking here is for you to be honest with me and yourself about what your position is.

ID is issued by local state and federal authorities right?
Is it your ID or theirs? How is it that the body issuing it cannot request to see it and check its validity? What is unreasonable about that?


55 posted on 11/29/2005 2:06:34 PM PST by BlueStateDepression
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To: verity

No, she refused to be two-legged sheep.


56 posted on 11/29/2005 2:08:10 PM PST by Clock King ("How will it end?" - Emperor; "In Fire." - Kosh)
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To: Terabitten

No, I didn't. This BLACK MAN has seen too many control freaks in his time.


57 posted on 11/29/2005 2:09:26 PM PST by Clock King ("How will it end?" - Emperor; "In Fire." - Kosh)
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To: BlueStateDepression
How about freedom from an intrusive government - the area is far from being secure, and the officials show no signs of securing it, therefore they should not be antsy when a grandma doesn't want to show an ID.

They could secure it if they wanted to, but they choose not to. Showing an ID doesn't prove jack - I know of several individuals that had valid IDs that killed thousands of Americans - you might have heard of it, it was sometime back in 2001.

They might as well restrict themselves to those individuals who get off the bus.
58 posted on 11/29/2005 2:10:52 PM PST by af_vet_rr
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To: gdani

People on busses make the choice to be there. Noone took rights away from them.

The ruling sure backs they are right to do so. 'Suspicion' is political speak for an officers hunch. That is why this ruling shows a clear line between probable cause and suspicion.


If you think A doesn't apply there by all means as a law abiding citizen delay police officers every chance you get. Waste their time every day if they ask you for ID. Make good and well sure that they are wasting their time on you when you could show your ID and be on your way in a couple minutes....instead make a scene.......tie them up for hours on end and hey you might actually be able to sue them for a buttload of money. Go for it.

Ask yourself this, do you want to help police do their job or do you want to hinder them at every turn? Do you want to see them CATCH bad actors or do you want to see them so hamstrung that they cannot catch them at all?

It really is that simple.


59 posted on 11/29/2005 2:13:52 PM PST by BlueStateDepression
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To: BlueStateDepression
"Justice Anthony Kennedy said, "Asking questions is an essential part of police investigation. In the ordinary sense a police officer is free to ask a person for identification without implicating the Fourth Amendment."

So now, you're saying that we have no right to refuse to answer those questions? That we are compelled to engage in conversations with police officers whether we want to or not, regardless of whether there's reasonable suspicion, or any suspicion at all for that matter?

60 posted on 11/29/2005 2:13:57 PM PST by mvpel (Michael Pelletier)
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