Posted on 09/23/2010 5:24:36 AM PDT by marktwain
Again, please read. The ID discussion is now far superceded by further developments. Please try to follow the thread.
Other than the fact you are dead wrong, agreed. Responding to a 911 call doesn't meet the litmus test. If they show up and no crime is in evidence, then it should have been closed as a false call. Same as responding to a fire call where there is no fire.
They could, and should, have done exactly that. Five guys sitting at a table, peacefully eating a meal, is NOT disorderly conduct, nor suspicious activity simply because the guys in question are openly carrying firearms. CRIMINALS don't "open carry".
um, I wasn’t trying to bust your case, honest.
You are right that they (the PoPo) had a reason; I think the debate here is whether or not their reason rises to the level of ‘legally justified’.
I REALLY don’t know. I know I really don’t like the idea that the ‘state’ can move us to a “papers please” life.
I agree the police have to respond. I just would really like to know what is ‘right’ AND ‘legal.’
and ... I followed your link and didn’t see how the discussion is moot. (was it because the only remaining charges were DTP, meaning the police acknowledged they were in error about demanding ID?)
Lastly, I wish you a nice day as well.
>> You cannot refuse to ID yourself to a uniformed LEO as far as I know.<<
Its illegal for the police to even ask for ID according to the DOJ. Arizona knows that all too well.
Oh really? And what are those?
BTW... It's "superseded".
No. There wasn’t. Or is people exercising their Rights now probable cause?
Are you kidding?
What kind of a call response would that be? I believe they were initially called to investigate the wearing of weapons, not disorderly conduct.
If no one ever investigated it, why wouldn’t criminals open carry?
>>Not everyone gets a call to be investigated. What should the police have done?<<
Perhaps ask the lady who called them what the guys were doing that caused her to call them? Your assumption indicates that I could call the police to come investigate you and it would be you who gets harassed. Shouldnt I be asked to give a reason I am asking them to come out?
I think the lady should be cited for a false report. The guys were doing nothing illegal or even suspicious.
Yes. "Are the men threatening anyone? Or are they just eating? Just eating? They are within their Rights. HAve a nice day."
Easy-peasey. So easy even a liberal can do it. Can you?
I haven’t changed my mind at all. All they need is the 911 call about people carrying guns and something horrible. Wisconsin is a “Stop and Identify” state.
http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=968.24
968.24 Temporary questioning without arrest. After having identified himself or herself as a law enforcement officer, a law enforcement officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a crime, and may demand the name and address of the person and an explanation of the person’s conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.
Oh No! A typo! Oh my!
Thank you for that post.
That would seem to be prima facie evidence that the officers were justified in asking for ID.
Always good to find a citation.
Thank you sir.
They were responding to a call to investigate.
No, the 911 operator, after ascertaining the details, should have informed the lady of the law and thus cure her of her ignorance. This concept is not unknown and situations like this have happened before.
Read the article again.
BTW, Webster’s says supercede is an allowable variant.
http://www.merriam-webster.com/dictionary/supercede
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