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New York, 6:47 PM
Fri Dec 18
45 posts in the last 24 hours
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11/13/09
#newsyoucanuse #journalismism
10/19/09
08/11/09
I am not a lawyer, but I've read New York State's stop-and-identify law (NY CLS CPL ยง140.50(1)), and it refers to officers detaining suspects, which requires "reasonable suspicion" that you've committed a crime.
See also the case People v. De Bour, which lays out four tiers of police intrusion and what the police are allowed to do, and what justification they need to prove to allow them to do it. Simply put, they can approach anyone and talk to them. And cops can ask for ID and other information, but you don't necessarily have to show it to them. If a cop has "a founded suspicion that criminal activity is afoot", they can ask more intrusive questions, but still can't compel you to identify yourself, and you're free to leave at any time.
Under the third tier, if there's "reasonable suspicion", it's the equivalent of a Terry stop, and they can compel you to show ID, and they can detain you.
The fourth tier requires "probable cause" and is essentially an arrest, if i'm reading it correctly.
However, the upshot is that lots of people get arrested and worse for "contempt of cop", and I wonder how far flexing your rights and asking police to adhere to the law will go. If the cops arrest you, rightly or wrongly, and the judge throws it out, you'll still have gone to jail and have your evening/day/weekend ruined.
08/11/09
08/11/09
"I do not consent to a search" and "Am I free to go?" are good things to remember. That's no guarantee that it won't antagonize the cop, however...and like I said, being arrested would ruin your day, regardless of whether or not it's a bogus arrest.
08/11/09
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08/11/09
No Requirement to Carry ID
TX Penal Code: Sec. 38.02. Failure to Identify.
(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
(c) Except as provided by Subsection (d), an offense under this section is a Class C misdemeanor.
(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is a Class B misdemeanor.
Ed. Note: Here's what this law means in plain English.
(1) You don't have to carry a driver's license or other ID, if you're not driving.
(2) If you've been arrested you have to give your name, address, and date of birth to a police officer who requests it. (They'll police ask you for lots more than this, but these three items are all you're legally required to give them.)
(3) If you've just been detained, not arrested, you don't have to give thm squat. But refusing to identify might cause them to arrest you anyway and take you downtown so they can determine who you really are. If this happens, you still won't be charged with failing to carry ID, because there is no such crime.
(4) It's a crime to give false information about your identity, whether you've been arrested or just detained..
08/11/09
08/10/09
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08/10/09
And it sure does make wandering around at night much, much more interesting.
08/10/09
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08/10/09
I can't quite recall, but I might have used the "that's not my Puke" defense, which for future reference kids, doesn't work.
08/10/09
If the police are asking you to do these things, they are going to arrest you pretty much no matter what. So wait until you get booked and they get a warrant to draw your blood. Yes, you will likely have your license revoked on the basis that you refused the tests, but that is a lot better than getting a DUI conviction, which is what you will almost certainly get otherwise.
08/10/09
08/10/09
I go, "Oh man, you're lucky, Corey got arrested for that a year ago."
My roommate replied, "Oh, they only arrest the black people."
08/10/09