Court: Arrest For ID Refusal Unwarranted

[Fallguy]

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BB62 wrote:

Fallguy wrote:

Stop and Identifylaws do vary by state and even can by local jurisdiction. SCOTUS has said they are legal in theplaces that have them...

Say what???

You want to back that up with a cite?

So you're saying that stop and identify is in the absence ofsuspicion of a crime?

Not.

You can click the Blue "Stop and Identify" link in my e-mail. Granted not everything on Wikipedia is the gospel.

 

[Carnivore]

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I've known this officer since he was born, and he's presently 38 yrd old, so he's not a kid fresh from an academy, in fact I know all the officers in my little 1 horse town. I'd have to check at City Hall to verify what he explained to me, but I probably never will. because they all know me also, and could probably identify me from 1/4 mile away sonone of them would have cause to ask me for an IDunless I was being issued a citation which would also probably never happen in my little 1 horse town.. To the best of my knowledge these cops play pretty straight up fair ball unless someone chooses to be a horses arse time and time again then I'm sure they get a gut full just like you and I would.. And yes this Officer was born and raised in this town, and still resides here.



Isn't it possible that towns can make an ordinance as such, seeing as though I'm sure it doesn't violate ones constitutional rights.

 

[suntzu]

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Fallguy wrote:

BB62 wrote:

Fallguy wrote:

Stop and Identifylaws do vary by state and even can by local jurisdiction. SCOTUS has said they are legal in theplaces that have them...

Say what???

You want to back that up with a cite?

So you're saying that stop and identify is in the absence ofsuspicion of a crime?

Not.

You can click the Blue "Stop and Identify" link in my e-mail. Granted not everything on Wikipedia is the gospel.

I'm told there is no such thing as a stupid question--but I have looked in Tennessee Code for such a law that requires us to identify ourselves to police at any time they demand to see identification, even in the absence of a crime--and I either have not found it or am overlooking it--so does anyone know if Tennessee State law has such a requirement? I would not want to ask a LEO because I know exactly what he/she would say--"of course you have to identify yourself any time we ask you to"....

 

[suntzu]

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ne1 wrote:

LITTLE ROCK — A police officer does not have the authority to arrest someone for refusing to identify himself when he is not suspected of committing a crime, a federal appeals panel ruled Friday.

The decision by a three-judge panel of the 8th U.S. Circuit Court of Appeals in St. Louis reversed an Arkansas federal judge’s ruling and ordered a new hearing in a Benton County man’s lawsuit challenging his arrest for refusing to show his identification during a traffic stop.
http://www.swtimes.com/articles/2008/04/07/week_in_review/news/saturday/news10.txt

Does this ruling apply also in the 6th Circuit, or in the 8th Circuit only?

 

[gruntpain1775]

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I was actually stopped for OC in Villa Rica, GA last thursday. legal here to OC. LEO didn't know that and was going to arrest me if I didn't show ID and a Permit. This was after he told me I WAS NOT free to go after I asked him 5 or 6 times. In hind site I should have let him take me in, would be getting a nice paycheck if they did......