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> then shows Officer Saul Zepeda ask Tukuafu for his ID, saying they have to identify everyone they come into contact with. No, that's not a reason. I'll work
by redis_mlc 6y ago
> then shows Officer Saul Zepeda ask Tukuafu for his ID, saying they have to identify everyone they come into contact with.
No, that's not a reason. I'll work through this scenario based on my experience and what I've read on California law.
My understanding in California is that ID must be provided to police only when:
1) operating a motor vehicle where a license is required
2) after being charged with a violation or crime (including operating a bicycle while during a violation)
What the police are doing when they ask for an ID for no substantive reason is detaining you without actually arresting you. And you can decline firmly to do that: "Am I under arrest? No. Then I'm free to go. Are you an attorney? I don't have to answer that. Good-bye."
You are entitled to close the door in their face when they have no legal reason to search (typically a search warrant) or detain you.
In this case, I suppose the police could ask for an ID because of the noise complaint.
With a good enough attorney, the hotel guests will win. The fact the police escalated this into multiple assaults on the hotel guests makes this a slam dunk. And an embarrassment for San Jose.
What the police should have done is to ask the hotel manager to open the door and give consent for a search.
Note that in California you do not need to show an ID when jogging or riding a bicycle if you follow all traffic laws.
There was a fairly recent case that affirmed the jogging case (The police arrested a lawyer who was jogging-while-black without an ID, and he sued them and won.)
- TheChaplain 6y agoEven if the guests would win a substantial lawsuit, the money awarded would come from tax payers pocket, not affect any funding of the offending police department. At least that is how I understand it. It does puzzle me that the citizens of California doesn't put more pressure on their elected officials, but instead continue to be happy anb supportive of being drained and abused..