Do You Have to Tell Police Your Name?

[Ncostello]

I agree Fest. However in keeping silent you could end up hearing:



"By virtue of the jurys decision and the power vested in me by the State... I hearby sentence you to be incarcerated with no possibility of parole... for LIFE. "



All without saying a word. But thats anyone right to a trial by a jury of their peers and the right to remain silent.



I think I'll just say who I am to assist them in finding the real suspect they are seeking. Keeps me on my way. I've had to explain who I was and what I was doing about 5 times in my life for mistaken identity.



One of the worst was when I was pulled over cause me and my truck matched the description of a mini-mart robbery that just occured. A little communication on the spot saved me a free trip to jail till it got cleared up on the spot. When he realized who I was and the fact I was almost out of gas, had two dollars, and was on my way to the Dairy Queen for an ice cream cone I was free again.



Then again was the rancher on foot or was he operating a motor vehicle. Can't you be taken to jail anyway for operating a vehicle without a licence? Of course he could have been standing next to a truck that he claimed he didn't drive. Then he'd be lying. What a mess.

 

[NVR FNSH]

Originally posted by RustyJC

Brian,



Why would I not want to cooperate? Common sense tells me that things are not going to go well in the short term if I don't.



Rusty

Rusty,

Say I'm a cop walking a beat in the downtown pedestrian area and you're standing on the corner talking to your wife minding your own business - I ask how your day is going, what are you doing or any other mundane kind of question; you do not have to answer me. Now if I've been dispatched to a public disturbance and you happen to fit the description of the suspect then yes, you do have obey my commands until I can figure out what has happened. It's a fine line that both the officer and the citizen end up walking.



Brian

 

[NVR FNSH]

Originally posted by fest3er

Ah, in the USA, we are not required to carry identification if we are on foot. Period. As such, we are not obligated to provide any identification to anyone if we are moving about lawfully and minding our own business.



If police officers *think* you may be a suspect, they may ask you for ID. If you choose to be polite, you may respond with the information. But you need not say *anything* at any time to anyone in law enforcement.



Granted, police have the power to make your life miserable, and there are those who will abuse that power just to make you miserable, but you have the right to keep your mouth shut.



Giving up the right to remain silent is just one more step on the road to a totalitarian government.



N

Providing ID is not self-incrimination - telling the officer that you did something illegal is. Fingerprints, blood, voice and handwriting are not protected under the 5th Amendment so why should your name? It's not. Providing ID, either verbally or via a DL, expedites the process. If I think you've committed a crime then I'm going to find out who you are one way or another (provided I'm a cop).



Brian

 

[loncray]

Fest is correct that you don't HAVE to have ID on foot - but why court trouble on principle? If the police officer has a reason to ask me who I am, I tell him. We had a lot of paranoia 'round about a year ago October here with the DC snipers - lots of folks driving white box vans got stopped after a report that one had been seen at one of the scenes. Some poor Mexican guy got arrested after using a payphone that was staked out waiting for the snipers - never did hear what happened to that guy. In this world today, there's just no good thing that can happen with not telling the cop who you are.

 

[dpuckett]

Dial up was too slow to watch the video..

But I read the transcript. Sounds to me like another case of LEO abuse of power. Most officers I've ever encountered could take tact lessons from a chimpanzee and be ahead. Hiibel wasnt doing anything wrong that could be seen (or read). If you give your name, you just open yourself to wrongful arrest, harrassment of your family, being pulled over for no reason (though that happens often enough). The officer gave no real reason for him asking Hiibel his name, hence Hiibel shouldnt have been required to give it. He wasnt driving, thus was under no motor vehicle requirements. Hiibel just exhibited some cajones, and asked why he was being asked for his name- a big no-no in the eyes of the omnipotent law. With my past experience in our "justice" system, I dont blame Hiibel one bit. I didnt see the video, so I wont go into the impropriety of the officer being on top of the girl.



I was RAISED to respect the law; most of my family still are naieve enough to believe the goodness of Andy Taylor and Barney Fife extend to the rest of the LEO community. But personal experiences and those of people I know have led me to hold nothing more than despisal for the indivuals wearing the badge of Abuse of Power at best. I try to avoid LEOs at almost any cost, just because you never know what is going to set them off, and God knows they are always right- heck 3 or 4 to one is just fine, even if you ARENT high on drugs. Why the heck should we have to bow down and give in to their every whim, for no other reason than "I said so?" Most cops dont need to be in society, much less "enforcing" the law.



I havent donned kevlar pants this time, as I feel I can fire back at whatever you throw my way with the truth of experience, and I am wise enough to know mine is not an exceptional situation. It all somes down to who has the most money and who gives it to the judge first, or at least that's how it is here in the Good Ol South.



Daniel

 

[dan brooks]

Daniel - Trust me, the video and the written transcript are two different things. Click on the link and take a break from the computer for a few minutes.



After reading the transcript I was questioning the officer... and I have worked in law enforcement/criminal justice for almost 20 years. Then I watched the video... .



As far as I'm concerned, the officer exercised tremendous restraint and handled the situation pretty well. Could it have been handled better? Sure, but it certainly isn't what the website makes things out to be.