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| Re: How NOT to handle an encounter with police (Re: ROBBED BY A COP— PROPERTY DESTROYED!) (425819) | |||
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Re: How NOT to handle an encounter with police (Re: ROBBED BY A COP— PROPERTY DESTROYED!) |
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Posted by tankertom on Sat May 5 12:30:07 2007, in response to Re: How NOT to handle an encounter with police (Re: ROBBED BY A COP— PROPERTY DESTROYED!), posted by LA Blue Line on Sat May 5 12:00:53 2007. Thanks. I guess there are too many variables to make a blanket statement. If stopped while driving a car would be quite a different story. If the peron stopped (for any reason, even for taking photos) is actually on the FBI top ten list giving his name might be considered being forced to incriminate himself. If the police officer "thinks" you have committed or are about to commit a crime, in my opinion wouldn't do it. I think the PO would have to have "reason to believe" which would be a higher standard than mere suspicion. Anyway, considering that our nation's highest court with the supposedly best legal minds often can't all agree (5-4 splits)...So, I don't think there is a criminal charge for an innocent person refusing to give his name when asked and if the PO takes that person into custody without "probable cause" would constitute a false arrest. The options are to give true name, to give false name or refuse to give name. I'd be hesitant to give a false name; could be construed as interferring with the administration of justice. I think lying to a fed is a crime but not so to a state or local cop unless under oath. Hey, the cops use lies as a legally approved investigative tool. Actually, if a police officer has "reason to believe" a crime was committed and the detainee committed it the PO can legally arrest, book, fingerprint, etc. even if, in fact no crime had been committed at all. Different rules for offenses not constituting crimes (violations, for example). Also, there may be different rules for police officers vis-a vis peace officer but I'm not sure. We are splitting some pretty fine hairs and I am aware that laws and rules change from time to time and state to state and it's been a very long time ago that I learned & used this stuff. I hope I wasn't daydreaming during class and missed something. |
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