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-   -   Less Than Probable Cause: Supreme Court Case (https://gfy.com/showthread.php?t=256473)

eroswebmaster 03-22-2004 08:53 AM

Less Than Probable Cause: Supreme Court Case
 
Some old cowboy here in Nevada has a case going in front of the supreme court because he was arrested for not showing identification when the police responded to a domestic violence call.

He was just parked on the side of the road speaking to his daughter and when the officer asked for ID he refused...so the office arrested him on some bullshit charge of something like "delaying a peach officer."

Anyway, this is something that I've often wondered about since I was 15 when sitting outside my highschool a cop pulled someone over in front of us.

Some of the kids started harassing the officer and he demanded ID from us. I didn't have id at that time because I didn't try and the guy gave me a tongue lashing.

Do you feel it is a violation of your rights to have to show identification when you have done nothing wrong?

Lycanthrope 03-22-2004 08:57 AM

Of course it is, but the best thing to do is always yes sir no sir, unless of course you have a warrant out.

It usually makes for a more pleasant evening.

Firehorse 03-22-2004 08:58 AM

Yes, I would not be happy with being forced to show ID to the Police if I had done nothing wrong.

eroswebmaster 03-22-2004 08:59 AM

Quote:

Originally posted by Lycanthrope
Of course it is, but the best thing to do is always yes sir no sir, unless of course you have a warrant out.

It usually makes for a more pleasant evening.

I have always felt it was...however the supreme court will now decide it.

pornguy 03-22-2004 09:06 AM

I am in Florida, and as with most states now, if you are 18 or older, you are required by law to have ID at all times. You can get away with not having it, but it never hurts.

One of the reasons that they passed the ;aw is to help identify people if they have been injured and can not talk.

The other reason for the law, is so that cops have something to make an arrest, if they need to get the guys photo for future investigations. This law has been used many times to get photos of drug dealers.


But you can bet your ass it gets abused all the time.

Giorgio_Xo 03-22-2004 09:07 AM

Cops are average people with less than stellar educations that are on power trips. Why does society give someone with barely a HS degree the power of deciding right & wrong and a handgun? On the other hand, we require doctors, lawyers, dentists, phamacists to have advanced educations. Crazy.

Giorgio_Xo 03-22-2004 09:09 AM

Quote:

Originally posted by pornguy
I am in Florida, and as with most states now, if you are 18 or older, you are required by law to have ID at all times. You can get away with not having it, but it never hurts.

One of the reasons that they passed the ;aw is to help identify people if they have been injured and can not talk.

The other reason for the law, is so that cops have something to make an arrest, if they need to get the guys photo for future investigations. This law has been used many times to get photos of drug dealers.


But you can bet your ass it gets abused all the time.

You still need probable cause and the court keep lowering the burden of proof. I always assume the cop randomly picked me and is wanting to further his career by harrassing me.

OldJeff 03-22-2004 09:22 AM

I would have to think by not providing ID you just gave the cop probable cause to be a royal pain in your ass.

You could very well fit the description of someone they are looking for.

By the way, "Just Hanging Out" in public is against the law in most states, it is minor but they call it loitering.

A cop does and should have the right to ask for ID from ANYONE.

A cop needs probable cause to search you and you car / house etc. Refusal to provide ID when requested gives them "probable cause" to believe you are hiding something illegal.

Don't believe me, I suggest you try it, catch the cop in the right mood you just might win a trip downtown for a strip search.

And for the record, calling a cop names is assault, assault on a police officer is a crime everywhere, most will ignore it, catch the guy in a bad mood and you get fucked with a whole lot more than just showing the ID

Giorgio_Xo 03-22-2004 09:32 AM

Quote:

Originally posted by OldJeff
I would have to think by not providing ID you just gave the cop probable cause to be a royal pain in your ass.

You could very well fit the description of someone they are looking for.

By the way, "Just Hanging Out" in public is against the law in most states, it is minor but they call it loitering.

A cop does and should have the right to ask for ID from ANYONE.

A cop needs probable cause to search you and you car / house etc. Refusal to provide ID when requested gives them "probable cause" to believe you are hiding something illegal.

Don't believe me, I suggest you try it, catch the cop in the right mood you just might win a trip downtown for a strip search.

And for the record, calling a cop names is assault, assault on a police officer is a crime everywhere, most will ignore it, catch the guy in a bad mood and you get fucked with a whole lot more than just showing the ID

That's why you keep a videocam in the car. Look. Cops aren't nice people. They have shitty jobs, dealing with shitty people, they are less prepared in life, and they only perpetuate themselves with that code of silence B.S. "Hanging out" in public is perfectly legal. In fact, it even says hanging out in public is protected in the Constitution. It's called freedom to assembly.

eroswebmaster 03-22-2004 10:29 AM

Quote:

Originally posted by OldJeff
I would have to think by not providing ID you just gave the cop probable cause to be a royal pain in your ass.

You could very well fit the description of someone they are looking for.

By the way, "Just Hanging Out" in public is against the law in most states, it is minor but they call it loitering.

A cop does and should have the right to ask for ID from ANYONE.

A cop needs probable cause to search you and you car / house etc. Refusal to provide ID when requested gives them "probable cause" to believe you are hiding something illegal.

Don't believe me, I suggest you try it, catch the cop in the right mood you just might win a trip downtown for a strip search.

And for the record, calling a cop names is assault, assault on a police officer is a crime everywhere, most will ignore it, catch the guy in a bad mood and you get fucked with a whole lot more than just showing the ID

As has already been stated yes you may be required by law to have an id but to have to show it there needs to be probable cause and not just the fact that you are hanging out at a public park.

As far as loitering laws, those are laws designed for LEA to be able to harass you "legally."
They are not going to bother a family of 4 in the park for loitering, however a group of 4 "undesirables" they might....whether that definition means teens, hispanics, blacks whatever they wish to apply it to that day.


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