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Oct 18 2019 11:37am
Quote (thesnipa @ Oct 18 2019 01:31pm)
there's two conversations to be had here. what's legally valid, and what someone should do.

the judgement of what a cop does or citizen does being reasonable or unreasonable legally happen in a court of law. and with all cop/citizen interactions things can happen before court that are dire.

i personally would ask what i did if i was blankly asked for an ID.if i felt pushback and got no answer i'd still provide id, then immediately ask what i did after providing it. but i also have a dash cam, not just for cops (havent been pulled over in 15 years) but also for crashes (also havent had one in 15 years of driving) so i can't be held accountable for something i didnt do.


And this is what i'm saying. I think in one way refusing to provide ID can be seen as trying to evade being identified. If i'm a cop and out of 1000 stops one guy keeps asking why and trying to evade giving his identity that's enough for my spidey senses to be tingling. I'm immediately thinking, okay maybe this guy has a warrant or something and that's why he's opposing to giving ID.

There's way better hills to die on.

This post was edited by ofthevoid on Oct 18 2019 11:38am
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Oct 18 2019 11:39am
Quote (Santara @ Oct 18 2019 12:28pm)
If you're stopped and they have no cause to arrest you, then it stands to reason you won't get a day in court in the first place, therefore you can refuse to identify on the grounds that the officer can't articulate a probable cause for a stop. No probable cause, just stand your ground, call in his superiors, etc.


Theres a whole world between nothing and an arrest dude. Even of its just speeding you will have your day in court if you want it.

This post was edited by Thor123422 on Oct 18 2019 11:39am
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Oct 18 2019 11:40am
Quote (ofthevoid @ Oct 18 2019 12:37pm)
And this is what i'm saying. I think in one way refusing to provide ID can be seen as trying to evade being identified. If i'm a cop and out of 1000 stops one guy keeps asking why and trying to evade giving his identity that's enough for my spidey senses to be tingling. I'm immediately thinking, okay maybe this guy has a warrant or something and that's why he's opposing to giving ID.


cops are naturally suspicious and people are naturally suspicious of cops. it's a reality of those engagements. i wouldnt do anything to tip their suspicion because the feeling of driving away after they search my car and find nothing doesnt make up for the 45 min search and packing shit back into my car. for some people it does, and for some people following an unlawful order even at no personal cost is unacceptable.

what's true in this hypothetical is the cop and person are likely both stubborn. but the person isn't legally required to show ID in many situations, whereas the cop is just being an ass in most situations when they decline to say why a stop occurred.
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Oct 18 2019 11:41am
Quote (thesnipa @ Oct 18 2019 11:22am)
for every arrest a cop has to justify the arrest. they have to file a report, they have to take you in and process you. they don't have to explain it because they are going to take you in either way, and you'll know soon enough when you get processed. a routine traffic stop doesn't end inherently in arrest, it doesn't end in processing, and there's no guarantee you are told what you're accused of.

to be clear, i think what you're saying is a big stretch. but i also think that cops have a slew of easy ways to get around the situation altogether and still get the ID if they want it.


I don't think it's a stretch. Legally every state says you must furnish a license, and you arent the person who gets to decide if a stop is legal. Ifso factso you arent in a position to decline even if the officer says nothing about the reason.

This post was edited by Thor123422 on Oct 18 2019 11:42am
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Oct 18 2019 11:57am
Quote (Thor123422 @ Oct 18 2019 12:39pm)
Theres a whole world between nothing and an arrest dude. Even of its just speeding you will have your day in court if you want it.


If you've been pulled for FOR speeding, then the cop can simply say so, because he has probable cause that you committed a crime: your radar gun reading. THAT is the probable cause. What they can't do is look at you and decide they simply want to know who you are, pull you over, and just like the Gestapo, demand your papers. They must have a reason for stopping you, and without it, they do not have legal standing to force you to identify yourself. Yes, you can make everything easier by complying with their unlawful demand.
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Oct 18 2019 12:03pm
Quote (Santara @ Oct 18 2019 12:57pm)
If you've been pulled for FOR speeding, then the cop can simply say so, because he has probable cause that you committed a crime: your radar gun reading. THAT is the probable cause. What they can't do is look at you and decide they simply want to know who you are, pull you over, and just like the Gestapo, demand your papers. They must have a reason for stopping you, and without it, they do not have legal standing to force you to identify yourself. Yes, you can make everything easier by complying with their unlawful demand.


They must have probable cause, but there is currently no requirement to disclose it to the person being stopped as far as I know. If you have an actual legal source, like a relevant law or court case, then post it.
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Oct 18 2019 12:14pm
Quote (Thor123422 @ Oct 18 2019 12:41pm)
I don't think it's a stretch. Legally every state says you must furnish a license, and you arent the person who gets to decide if a stop is legal. Ifso factso you arent in a position to decline even if the officer says nothing about the reason.


Neither is the police officer.

cops have unilateral power to demand an ID on arrest, and the court can't overturn an arrest, just decline to charge the person.

and the way it works in the USA is you're allowed to do anything the law doesnt prohibit. this hasnt been ruled on at a federal level. i already conceded it has been codified into law in some states. so the answer of whether or not you're able to deny an ID is maybe.
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Oct 18 2019 12:18pm
Quote (thesnipa @ Oct 18 2019 01:14pm)
Neither is the police officer.

cops have unilateral power to demand an ID on arrest, and the court can't overturn an arrest, just decline to charge the person.

and the way it works in the USA is you're allowed to do anything the law doesnt prohibit. this hasnt been ruled on at a federal level. i already conceded it has been codified into law in some states. so the answer of whether or not you're able to deny an ID is maybe.


If you are driving a vehicle then it has been codified into law in EVERY state that you must provide an ID when stopped by police.

The court can't overturn an arrest, but they can provide relief in cases where arrest, detainment, etc. was not reasonable.
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Oct 18 2019 12:21pm
Quote (Thor123422 @ Oct 18 2019 01:03pm)
They must have probable cause, but there is currently no requirement to disclose it to the person being stopped as far as I know. If you have an actual legal source, like a relevant law or court case, then post it.


https://en.wikipedia.org/wiki/Hiibel_v._Sixth_Judicial_District_Court_of_Nevada

Quote
Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), is a United States Supreme Court case in which the Court held that statutes requiring suspects to disclose their names during a police Terry stop did not violate the Fourth Amendment if the statute first required reasonable and articulable suspicion of criminal involvement.
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Oct 18 2019 12:22pm
Quote (Brian_D @ Oct 18 2019 11:52am)
Please.. The right only cares about the second amendment and nothing else. That has been proven already.

If someone is crazy they shouldnt have guns. I am all for red flagging someone if there is cause. If they want their gerns they can take a test to prove they are not nuts. Simple.




I agree, crazy people shouldn't have guns. But according to the article in the OP, other than being a nazi, he wasn't crazy, and hadn't broken any laws.
That's the part that scares me... Washington state took his guns with NO due process.
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