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To: BlueStateDepression
You can be lawfully detained when you refuse to show ID when asked to do so, until such time as your Identity can be established

Wrong. Only if you're suspected of a crime or plotting a crime. And only if you have a state law authorizing such.

23 posted on 11/29/2005 1:04:28 PM PST by gdani
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To: gdani

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.

"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."


"Monday's ruling was a follow up to a 1968 decision that said police may briefly detain someone on reasonable suspicion of wrongdoing, without the stronger standard of probable cause, to get more information, according to a report from The Associated Press. Justices said that during such brief detentions, known as Terry stops after the 1968 ruling, people must answer questions about their identities."


This gal was allowed to go on in prior contacts without showing ID because she claimed she didn't have any. She was checked again and said she DID have one but refused to show it. THIS action is reasonable suspicion to inquire further.

This case was a set up from the very get go and should be treated as such...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.


31 posted on 11/29/2005 1:27:14 PM PST by BlueStateDepression
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To: gdani

There's the rub.

She was actually on federal property, out of the jurisdictional control of the state.

This should be interesting.


112 posted on 11/30/2005 3:34:42 PM PST by Delta Dawn (The whole truth.)
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