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Posted on 07/25/2011 9:38:36 AM PDT by reaganaut
posted later on in thread
Pinged my husband to respond. He’s the attorney
Title 77, Chapter 7, Section 15: “Authority of peace officer to stop and question suspect”
The Utah Code does not describe a crime in this section; this section allows the police to question members of the public. Therefore, the unidentified man has not violated this code.
The only crime here is false arrest, for holding a man for a month without charges. The ACLU and ACLJ should both be suing on his behalf because of this violation of his 4th Amendment rights.
“They obviously took his fingerprints when he was booked, and they don’t match anything, so why are they still holding him just because he wants to remain off the grid?”
If the man does not identify himself, then just “who” is it that would be charged and prosecuted. I think a trial judge, not willing to have the court record reflect the trial, prosecution and sentencing of “Mr. Who”, would send the man back to jail for contempt of court until he identifies himself.
You have the right to remain silent..... Now tell me your name or else... something wrong here!
Nobody, under any state or federal law, is REQUIRED to identify themselves. Black letter 4th Amendment rights.
He has the right to remain silent.
It’s why officers ASK for ID, not order to see some ID.
You can refuse to show it.
It would be interesting to do a reverse aging on him. He looks like he may have been a very nice looking man years ago.
If the man does not identify himself, then just “who” is it that would be charged and prosecuted
- - - - -
Most states can and do prosecute under the name John Doe.
Why isn’t he wearing his Waldo hat????
Waldo has been found!!!! YAY!!!!! :-D
I miss the days when I could travel the United States anonymously, without a stitch of paper in my pockets, man that was a sense of freedom.
LOL. Sounds like he's aged a bit since his last reported journey.
D. B. Cooper
Zodiac Killer
The Zodiac and Cooper look a lot alike. The mystery man could be either or neither. Most likely, he's just milking his 3 squares and nice cool A/C. Not a bad summer vacation.
Ping to 103, he shouldn’t be held.
ahhh, the good ol’ days.
Upon booking the state has an obligation under the speedy trial rule to bring the defendant to trial within 60 days unless waived by the defendant.
Methinks I interpret better than I’m accused of doing. ;~)
Just call Col Harkness over at Torchwood in Cardiff ... he will ID him for you.
That it is. ;)
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