Unlawful detain for Not giving ID and firing on private property
- Thread starter KyleSVT
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I will let the attorneys here explain this. I'm not even going to waste my time arguing any points.
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This
This is a grey area of the law and is based on perception of what a "regular person" would consider be detained against their will or placed under arrest. Simply determining someones identity doesn't constitute being detained. Putting handcuffs on someone doesn't constitute and arrest necessarily.
Won't comment any further in case I get sued for one of these
Won't comment any further in case I get sued for one of these
I don't understand why people just don't give their damn name and cooperate. Same thing with the dumb bitch at the Jersey shore, cooperate and give your name and you may catch a break on the possession of alcohol since it wasn't open.
^^precisely..
She committed a crime thats why but each state has different laws. In CA there is no law that requires you to give your name or ID unless you committed a crime or on probation or parole.
Is everyone missing the fact that these people are on private property??
I’m as conservative as they come and it irritates me beyond reproach that law enforcement feels they can completely strip a human being of their inherent rights ON PRIVATE PROPERTY with no crime or PC.
This type of crap should concern every freedom loving American.
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I’m as conservative as they come and it irritates me beyond reproach that law enforcement feels they can completely strip a human being of their inherent rights ON PRIVATE PROPERTY with no crime or PC.
This type of crap should concern every freedom loving American.
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Exactly. Especially now in this anti-police environment created by Obama.
Im getting my popcorn ready right now
I don't think it was his property, unless I missed something. I took it as he had to walk down the street and someone called it in, so just assuming it wasn't his property.
Down here the only one who can do that is the Game Warden. Time to lawyer up for tthis individual
Ok, I take back my previous comment and will add this. Apparently I have trouble as a spectator.
In "most" States when an officer asks for identification, you must give your real name. However, you cannot be forced to provide physical ID, such as a driver's license. The exception to this is if you are driving a vehicle. At this point a driver's license must be presented or you can be arrested or charged for driving without a license.
The Supreme Court has said: "A brief stop of a suspicious individual, in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the officer at the time." Adams v. Williams, 407 U.S. 143, 146 (1972).
With exception to your name, you do not have to answer anything asked if you when detained. In most cases, it is likely best to remain quiet and not cause yourself extra problems.
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In "most" States when an officer asks for identification, you must give your real name. However, you cannot be forced to provide physical ID, such as a driver's license. The exception to this is if you are driving a vehicle. At this point a driver's license must be presented or you can be arrested or charged for driving without a license.
The Supreme Court has said: "A brief stop of a suspicious individual, in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the officer at the time." Adams v. Williams, 407 U.S. 143, 146 (1972).
With exception to your name, you do not have to answer anything asked if you when detained. In most cases, it is likely best to remain quiet and not cause yourself extra problems.
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I wonder what JJG’s legal opinion on this is
I guess the real question is. Was he on his own property.
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