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Re: Today I got a summons from the LA Sheriff and added to the LA terrorism list (Long)

Posted by JPC on Mon Mar 20 21:12:36 2006, in response to Re: Today I got a summons from the LA Sheriff and added to the LA terrorism list (Long), posted by Train Dude on Sun Mar 19 01:05:41 2006.

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Train Dude,

it depends on whether or not the vicinity in question has a so-called vagrancy law, under which a LEO can ask for identification for somebody on the street. If there is such a law, then the request would be appropriate. If not, then you have every right to refuse to present ID. Then you get arrested and have your day in court and the charges get dropped. (The first ancillary question is whether it's worth it to go to that trouble, or just fork over the license. The second ancillary question is, if you're not sure whether such a statute exists, you have to assume there is one, lest you risk being booked on a valid charge).

The third question is whether such a vagrancy law is Constitutional. I don't believe this question has been settled. In the recent Hiibel case, SCOTUS ruled that such laws are constitutional, but in a case in which a post-felony investigation was being conducted, not a "stop-and-search" such as this.

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