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| Re: How NOT to handle an encounter with police (Re: ROBBED BY A COP— PROPERTY DESTROYED!) (425947) | |||
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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 Broadway Lion on Sat May 5 18:41:15 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 11:28:17 2007. HMMmm...Yes and No. In a valid Terry Stop, yes you must identify. On a casual stop without cause then no you need not identify. The Decision: "Finally, addressing Hiibel's concerns that the statute allows police officers to arrest persons just because they look suspicious, the Court noted that under Terry, the stop must be justified at its inception and limited in scope and duration. In other words, an officer may not arrest an individual for merely failing to identify himself if the request for identification is not reasonably related to the circumstances justifying the stop. That is, if a police officer stops a person for no apparent reason and then asks the person for his name, the officer cannot cite the stop-and-identify statute as his basis for a subsequent arrest because there was no lawful basis for the stop in the first place. However, in the Hiibel case, the Court found the request for identification was related in scope to the circumstances that justified the stop. The officer's request was a commonsense inquiry in responding to a call reporting domestic violence, and not simply an effort to arrest a suspect for failing to provide identification after the officer could find no sufficient evidence of a crime. Conclusion In sum, Hiibel holds a state may criminalize a refusal to produce identification as long as the detention is predicated on a valid Terry stop (i.e., reasonable suspicion). In other words, police officers do not violate the Fourth Amendment when they arrest an individual after the individual refuses to provide identification during a lawful detention pursuant to their state's stop-and-identify statute. Certainly, it should come as no surprise that the remaining state legislatures might enact similar stop-and-identify statutes. No doubt such enactments provide law enforcement with another important tool to ensure officer safety during brief and seemingly innocuous encounters. " |
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