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To: antiRepublicrat
does the law state that you are allowed to merely verbally state your name? show me where it says verbally.

if not, then a decent cop can absolutely articulate that he had PC to take the deft into custody. the totality of the circumstances would preclude me from taking this guy at his word.

you don't call the cops for help and then refuse to help with your own situation.

and you still have not answered my question: was the cop supposed to just let the guy leave?

458 posted on 09/04/2007 6:00:40 PM PDT by thefactor
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To: thefactor
does the law state that you are allowed to merely verbally state your name? show me where it says verbally.

The pertinent part of Ohio's "stop and identify" law was posted earlier:

2921.29 (C) Nothing in this section requires a person to answer any questions beyond that person’s name, address, or date of birth. Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person’s name, address, or date of birth or for refusing to describe the offense observed.
I think it's obvious that verbally covers the requirement due to "answer questions." Those three elements must only be provided, and showing a license provides more information than the law allows the officer to demand.

if not, then a decent cop can absolutely articulate that he had PC to take the deft into custody. the totality of the circumstances would preclude me from taking this guy at his word.

The problem is here the man was suspected of no crime at the time of the arrest. Not only was he not suspected, he had been cleared of any suspicion of a crime just moments before. It would probably be different had they found shoplifted goods in his bag, because any demands would be subsequent to an arrest, which likely changes the rules.

The officer had no cause to arrest him, just as he can't walk up to you on the street with no suspicion of a crime, demand ID ("Papers, please, comrade!"), and arrest you for not producing it. This answers the question of was he just supposed to let him go, and it's YES. I question him letting go the two people who were committing the misdemeanor of unlawful detainment when he arrived.

you don't call the cops for help and then refuse to help with your own situation.

The cop obviously switched sides, instead of protecting the citizen who called 911 for help, he decided to help those who were unlawfully detaining the citizen. I wouldn't be too helpful either.

464 posted on 09/04/2007 8:20:56 PM PDT by antiRepublicrat
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