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> "If police are arresting people without probable cause or even reasonable suspicion, then it is the police that are acting illegally here. You are not require
by yareally 13y ago
> "If police are arresting people without probable cause or even reasonable suspicion, then it is the police that are acting illegally here. You are not required to identify yourself to any police officer just because he asks, and if he asks without reasonable suspicion or probable cause (it depends on the state which one is the threshold), and you refuse to state your name, then he can not arrest you for that sole reason. If he attempts to do so, it is false arrest, and you have the right under the law, upheld by the supreme court, to use any necessary force to resist illegal arrest.
What constitutes whether a police officer has the right to "stop and identify" someone varies quite widely from state to state[1]. Before attempting to do so, it's a good idea to know the explicit details for the current state one is residing.
Some states actually have claims that you must identify yourself when stopped if the police officer asks. Failure to do so can lead to arrest under laws of the state:
"Five states’ laws (Arizona, Indiana, Louisiana, Nevada, and Ohio) explicitly impose an obligation to provide identifying information."
"Seven states (Arizona, Florida, Indiana, Louisiana, New Mexico, Ohio, and Vermont) explicitly impose a criminal penalty for noncompliance with the obligation to identify oneself."
"In five states (Arkansas, Florida, Georgia, New Hampshire, and Rhode Island), failure to identify oneself is one factor to be considered in a decision to arrest. In all but Rhode Island, the consideration arises in the context of loitering or prowling."
"Virginia makes it a nonjailable misdemeanor to refuse to identify oneself to a conservator of the peace when one is at the scene of a breach of the peace witnessed by that conservator."
[1] http://en.wikipedia.org/wiki/Stop_and_identify_statutes#Obligation_to_identify http://en.wikipedia.org/wiki/Stop_and_identify_statutes#Obli...
- droithomme 13y ago> Some states actually have claims that you must identify yourself when stopped if the police officer asks. Failure to do so can lead to arrest under laws of the state: This is false. You are misstating or misreading the article. You only must identify yourself (this does not mean you have to carry ID) if you are under a Terry stop and are in a state which has specifically enacted legislation requiring identification during a Terry stop. A Terry stop requires reasonable suspicion a crime has been committed. This is why I specifically and carefully said "you are not required to identify yourself to any police officer just because he asks, and if he asks without reasonable suspicion or probable cause (it depends on the state which one is the threshold), and you refuse to state your name, then he can not arrest you for that sole reason." In states with stop and identify laws that allow for it, he can require you identify yourself given reasonable suspicion of a crime. In other states, he needs probable cause.
- deleted 13y ago[deleted]