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To: reaganaut
He should go free even if he doesn’t identify himself.

Nope.

You see, Utah is one of 15 states that have a adopted the Stop and identify statutes.

In 13 states (Alabama, Delaware, Illinois, Kansas, Louisiana, Missouri, Nebraska, New Hampshire, New York, North Dakota, Rhode Island, Utah, Wisconsin), police “may demand” identifying information;
.... In states whose “stop and identify laws” do not directly impose penalties, a lawful arrest must be for violation of some other law, such as one to the effect of “resisting, obstructing, or delaying a peace officer”. For example, the Nevada “stop and identify” law challenged in Hiibel did not impose a penalty on a person who refused to comply, but the Justice Court of Union Township, Nevada, determined that Hiibel’s refusal to identify himself[24] constituted a violation of Nevada’s “obstructing” law.[25] A similar conclusion regarding the interaction between Utah’s “stop and identify” and “obstructing” laws was reached in Oliver v. Woods (10th Cir. 2000).

and finally

Whether an arrested person must identify herself may depend on the jurisdiction in which the arrest occurs. If a person is under arrest and police wish to question her, they are required to inform the person of her Fifth-Amendment right to remain silent by giving a Miranda warning. However, Miranda does not apply to biographical data necessary to complete booking.

Odds are that as soon as he cooperates, he is free to go. I suggest that if this is offensive to you, stay away from the 24 states that have enacted this sort of restriction. I'll give you a hint; it was likely brought about because of illegal immigration.

143 posted on 07/25/2011 12:18:50 PM PDT by Hodar (Who needs laws .... when this "feels" so right?)
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To: Hodar; mrreaganaut

Give me the Utah code, not wiki. I’m still not buying it.


158 posted on 07/25/2011 2:29:18 PM PDT by reaganaut (Ex-Mormon, now Christian - "I once was lost, but now am found; was blind but now I see")
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To: Hodar; mrreaganaut

I’ll give you a hint; it was likely brought about because of illegal immigration

- - - - - - -
That would make no sense in Utah since Utah leans to being a santuary state.

You seem to be supporting the idea of this guy being held indefinitely, against his 4th amendment for just refusing to give his name??

Its simple tresspass, he wouldn’t have served more than 3 weeks anyway, just let the man go already.


160 posted on 07/25/2011 2:32:30 PM PDT by reaganaut (Ex-Mormon, now Christian - "I once was lost, but now am found; was blind but now I see")
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To: Hodar

And I tend to stay away from Utah as much as possible, too many Mormons.


161 posted on 07/25/2011 2:33:37 PM PDT by reaganaut (Ex-Mormon, now Christian - "I once was lost, but now am found; was blind but now I see")
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To: Hodar

So, it it 15 or 24 states? You can’t even get your numbers straight. How about giving me something other than Wiki


162 posted on 07/25/2011 2:34:30 PM PDT by reaganaut (Ex-Mormon, now Christian - "I once was lost, but now am found; was blind but now I see")
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To: Hodar; reaganaut; HiTech RedNeck

A more appropriate part of the code is this:

“77-7-23. Delivery of prisoner arrested without warrant to magistrate — Transfer to court with jurisdiction — Violation as misdemeanor.
(1) (a) When an arrest is made without a warrant by a peace officer or private person, the person arrested shall be taken without unnecessary delay to the magistrate in the district court, the precinct of the county, or the municipality in which the offense occurred”
...
(4) Any officer or person violating this section is guilty of a class B misdemeanor.”

That is to say, if they don’t get him into a court, they are the ones violating Utah law. Three weeks is beyond necessary delay. Perhaps your legal research should extend beyond Wikipedia.


167 posted on 07/25/2011 3:54:11 PM PDT by mrreaganaut (weltschmerz: the sadness one feels when contemplating how far the real world is from an ideal world.)
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