[Hodar]

Additionally the police had a crime to detain him on so they should have charged him with that, they did not need the stop and identify, they had a crime (tresspassing).

Agreed, they had the crime. This individual has simply refused to comply with a very reasonable request, simply "What is your name?". Now, having been arrested, the police have the right to search his person - apparently this man carries no identification in his wallet, or multiple pieces of identification. Until he identifies himself - he is a ward of the state. It's very likely that he can walk free very soon after he cooperates with this request. The police are proably sick of taking his crap - if he doesn't want to give his name, then he can cool his heels in prison until he rots. I'm fine with that; provided that AS SOON as he gives his name, he's processed and released for whatever his offenses are.

My issue is this; if an illegal is apprehended committing a crime; and refuses to give his name - how do we determine whether he is a US citizen, or in the country illegally? If he's here illegally, and refuses to give his name; not only does he leave a 'free man'; the fact that he was caught 'x' times committing a crime, is not part of his record. He is therefore 'better' than anyone else. If I steal something, I have a record. If I get a record for committing a crime; then I demand that everyone get the same treatment as I get; no more, no less.

[null and void]

He should be held to no higher standard than the occupier of the White House.

[Ratman83]

My issue is this; if an illegal is apprehended committing a crime; and refuses to give his name - how do we determine whether he is a US citizen, or in the country illegally?

Right now many places do not and the feds could careless. Hold and try him for the crime commited, search databases, fingerprints etc. and report to feds if he shows up in the seach as an illegal.

[reaganaut]

My issue is this; if an illegal is apprehended committing a crime; and refuses to give his name - how do we determine whether he is a US citizen, or in the country illegally? If he’s here illegally, and refuses to give his name; not only does he leave a ‘free man’; the fact that he was caught ‘x’ times committing a crime, is not part of his record.

- - - - - - -
WRONG. Your whole premise is wrong. He would be fingerprinted, and tried as John Doe XXXXX (what ever number), if caught again, the prints would show up in a database (they are good about that now) and he would be tried again as John Doe XXXXX (same number).

[1rudeboy]

Interesting how the winds blow on this website. We've gone from illegal immigration is a crime, to "illegal immigrants get out of jail once" (as long as they don't identify themselves).