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Oct 18 2019 08:00am
Readin
Quote (Ghot @ 18 Oct 2019 14:08)
Not because of free speech, but because he should be in jail already and the speaking he's doing is aiding and abetting the witch hunt at every opportunity.

You have some money... maybe you should come live here a bit, before you're so quick to judge. You seem to have a similar grasp of the day to day life in the US that someone who has only learned a language from a book would have when trying to speak it properly.


Evidences ?

But not removing the guns from the hands of the neo nazi who celebrated the murder of a jew student. :thumbsup:
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Oct 18 2019 08:15am
Quote (thesnipa @ Oct 18 2019 08:59am)
There's a long list of precedent on being pulled over just to show ID. that's not a reasonable stop. "reasonable" isn't strictly opinion, it's defined by a trail of precedent.

you can't be pulled over for no reason, and you can't be told to show id simply for being pulled over, if there's no reason to have been pulled over in the first place.

terry stops require reasonable suspicion, again we see reasonable used in a legally defined way, not up to the discretion of the officer.

i may be misunderstanding you but are you suggesting that since someone is driving it should be reasonable to be stopped just to show ID?

lastly the people Santara is talking about aren't all wierdo free travelers, many are people who know their rights and the video ends with the cop leaving without getting ID.


What I'm saying is

Police officers have wide leeway to conduct traffic stops (I believe they just have to articulate the reason for suspicion after the fact)
Police officers aren't obligated to tell the person stopped why they're being stopped
You are required in all 50 states to show a driver's license when stopped in a traffic stop.

Taking these into consideration, refusing to show an ID until the police officer tells you why he is conducting the traffic stop is disobeying a lawful order, and the police asking you to show a driver's license when stopped is not a violation of rights or unreasonable.

This post was edited by Thor123422 on Oct 18 2019 08:16am
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Oct 18 2019 08:15am
In the video the officer states ( at 1:53) that "this is an investigatory stop", and in that case the ID must be presented.

Quote
During an Investigatory Stop you do not have the right to walk away. You do not have the right to refuse to identify yourself. However, you do have the right to tell the officer you do not wish to speak to them. Remember this is your constitutionally guaranteed Fifth Amendment right to remain silent.



Source: https://www.fighterlaw.com/criminal-law-101/crime-defenses/police-encounters/




Now, the issue of whether the officer HAD reasonable suspicion can be argued in court. But during an investigatory stop the ID MUST be presented if asked for.

This post was edited by Ghot on Oct 18 2019 08:23am
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Oct 18 2019 08:26am
Quote (Thor123422 @ Oct 18 2019 09:15am)
What I'm saying is

Police officers have wide leeway to conduct traffic stops (I believe they just have to articulate the reason for suspicion after the fact)
Police officers aren't obligated to tell the person stopped why they're being stopped
You are required in all 50 states to show a driver's license when stopped in a traffic stop.

Taking these into consideration, refusing to show an ID until the police officer tells you why he is conducting the traffic stop is disobeying a lawful order, and the police asking you to show a driver's license when stopped is not a violation of rights or unreasonable.


what SCOTUS decision says police aren't obligated to note the reason for a stop when asked by the person stopped?

and in any case whether the order is lawful or unlawful depends on the reason for the stop, and if it was legal under at least reasonable suspicion.

seems to me that asking for id is subject to Schrodinger and the only way to break the box is for the officer to say why the stop was done.
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Oct 18 2019 08:30am
Quote (thesnipa @ Oct 18 2019 10:26am)
what SCOTUS decision says police aren't obligated to note the reason for a stop when asked by the person stopped?

and in any case whether the order is lawful or unlawful depends on the reason for the stop, and if it was legal under at least reasonable suspicion.

seems to me that asking for id is subject to Schrodinger and the only way to break the box is for the officer to say why the stop was done.




There's no reason for the person stopped to NOT present ID unless he or she is doing something wrong or believes that presenting ID will get him/her arrested.

I quoted the law and the source just above.




/e I even picked a source that's for people that DON'T want to cooperate.

This post was edited by Ghot on Oct 18 2019 08:35am
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Oct 18 2019 08:30am
Quote (thesnipa @ Oct 18 2019 09:26am)
what SCOTUS decision says police aren't obligated to note the reason for a stop when asked by the person stopped?

and in any case whether the order is lawful or unlawful depends on the reason for the stop, and if it was legal under at least reasonable suspicion.

seems to me that asking for id is subject to Schrodinger and the only way to break the box is for the officer to say why the stop was done.


I'll try to find the case. It might be that they aren't obligated to tell you why you are being arrested, but then I can't see that not also applying to the reason for a stop. I'll see if I can find it.

If the order is lawful depends on the state law. I was googling and at least in Washington the law makes no mention of the reason for the stop, just that if you are stopped you are obligated to provide ID and insurance. Then, would an illegal stop get you out of that charge since you didn't know it was illegal when he made the request? Not sure. In any case you aren't in a position to know if the order was lawful or not when the request was made, so it could be argued that you would still be on the hook for refusing to provide ID.

This post was edited by Thor123422 on Oct 18 2019 08:30am
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Oct 18 2019 08:34am
Quote (thesnipa @ Oct 18 2019 08:59am)
>doesnt mention 14th
>goomshill racist


true, but
I was just listing the ones violated in this story about someone having their right to bear arms violated because of their political affiliation, after a search and seizure with no probable cause and in a court that affords them no due process or rights at trial much less a jury of their peers. Wasn't because he was black
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Oct 18 2019 08:35am
Quote (Thor123422 @ Oct 18 2019 09:30am)
I'll try to find the case. It might be that they aren't obligated to tell you why you are being arrested, but then I can't see that not also applying to the reason for a stop. I'll see if I can find it.

If the order is lawful depends on the state law. I was googling and at least in Washington the law makes no mention of the reason for the stop, just that if you are stopped you are obligated to provide ID and insurance. Then, would an illegal stop get you out of that charge since you didn't know it was illegal when he made the request? Not sure. In any case you aren't in a position to know if the order was lawful or not when the request was made, so it could be argued that you would still be on the hook for refusing to provide ID.


generally statutory offenses being applied or dropped is tied to the actual crime. one exception being resisting arrest. if you injure an officer trying to arrest you even if the charges for the arrest get dropped you still injured an officer. in the case of ID with there being no harm done i'd bet in almost all cases charges would be dropped.

>officer makes illegal stop without reasonable suspicion
>citizen asks why they were pulled over
>cop declines to say why
>citizen declines to show ID
>cop arrests for lack of ID shown
>court finds stop didnt meant reasonable suspicion requirement for Terry stop
>charges for ID declining dropped

in all cases the charge or no charge hinges on the reasonable or unreasonable nature of the stop. and can be instantly cleared up without an arrest by the officer telling why the person was stopped. and a dick officer could decline (maybe) knowing they're within reasonable suspicion (that's not actually that hard) and arrest the person on no ID charges then investigate their reasonable suspicion.

Quote (Goomshill @ Oct 18 2019 09:34am)
true, but
I was just listing the ones violated in this story about someone having their right to bear arms violated because of their political affiliation, after a search and seizure with no probable cause and in a court that affords them no due process or rights at trial much less a jury of their peers. Wasn't because he was black


cops involved = skin color matters. duh goomshill. get woke cuz

This post was edited by thesnipa on Oct 18 2019 08:36am
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Oct 18 2019 08:37am
Quote (thesnipa @ Oct 18 2019 09:26am)
what SCOTUS decision says police aren't obligated to note the reason for a stop when asked by the person stopped?

and in any case whether the order is lawful or unlawful depends on the reason for the stop, and if it was legal under at least reasonable suspicion.

seems to me that asking for id is subject to Schrodinger and the only way to break the box is for the officer to say why the stop was done.


https://www.law.cornell.edu/supct/html/03-710.ZS.html

Here's the supreme court case, it holds that when being arrested an officer is not required to articulate to the person the reason for the arrest. I don't think it's much of a stretch to say that this would extend to a traffic stop.
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Oct 18 2019 08:43am
Quote (thesnipa @ Oct 18 2019 09:35am)
generally statutory offenses being applied or dropped is tied to the actual crime. one exception being resisting arrest. if you injure an officer trying to arrest you even if the charges for the arrest get dropped you still injured an officer. in the case of ID with there being no harm done i'd bet in almost all cases charges would be dropped.

>officer makes illegal stop without reasonable suspicion
>citizen asks why they were pulled over
>cop declines to say why
>citizen declines to show ID
>cop arrests for lack of ID shown
>court finds stop didnt meant reasonable suspicion requirement for Terry stop
>charges for ID declining dropped

in all cases the charge or no charge hinges on the reasonable or unreasonable nature of the stop. and can be instantly cleared up without an arrest by the officer telling why the person was stopped. and a dick officer could decline (maybe) knowing they're within reasonable suspicion (that's not actually that hard) and arrest the person on no ID charges then investigate their reasonable suspicion.


So while the stop might be illegal, since there's such broad leeway in establishing a reasonable suspicion for the stop you aren't in a position to reasonably decline showing an officer your driver's license. On the off chance that you are in the right and they really can't come up with any reason to have stopped you it could be correct, but in 99% of circumstances you're going to be arrested for refusing to show ID and be SOL when you try to fight it in court.
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