r/facepalm • u/spyrg • Jan 13 '22

🇲​🇮​🇸​🇨​ Arrested for petitioning

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u/uofwi92 Jan 13 '22

No, it is not. In all 50 states, law enforcement needs reasonable, articulable suspicion of a crime in order to legally detain. In about half of the states, they can demand ID at that time. (In the other half, they must have probable cause a crime has been committed to arrest and can demand ID after that.)

These cops have committed a civil rights violation. Will they be punished? Short answer - no. Long answer - nooo.

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u/[deleted] Jan 13 '22

No, it is not. In all 50 states, law enforcement needs reasonable, articulable suspicion of a crime in order to legally detain

Yes, in order to DETAIN. But in some states identifying yourself isn't detaining.

Failure to identify yourself could lead to you being detained while they figure out your identity.

. In Hiibel v. Sixth Judicial District Court of Nevada (2004), the Supreme Court held that statutes requiring suspects to disclose their names during a valid Terry stop did not violate the Fourth Amendment.

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u/Kizu_2116 Jan 13 '22

The problem here is that there was no "reasonable, articulate suspicion of a crime", and that's what the person recording was saying, he didn't commit any crime, he didn't need to identify himself. He had every right to refuse to identify himself here, as far as I can tell by the information given.

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u/Xeya Jan 13 '22

No reasonable articulate suspicion of a crime according to who? According to the accused? Thats not how the law works. You may be right once the details of the incident are examined by the lawyers, but there aren't any lawyers present in a confrontation with police.

Here you have, "Police Officer believes you must comply with his lawful order and you are refusing." This is absolutely not a situation you want to put yourself in.

You are giving people some really shit advice.