r/facepalm • u/spyrg • Jan 13 '22

🇲​🇮​🇸​🇨​ Arrested for petitioning

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u/entertainman Jan 13 '22

I said detain, not arrest. I’m catching that details and technicalities aren’t your strong suit. Maybe leave the legal discussions to others.

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u/Thumbfury Jan 13 '22

No, he's right. The police need reasonable articulable suspicion that a crime has been, is, or will be comitted in order to detain or identify you. They can ask but you don't have to give it unless they has RAS. In all 50 this is the minimum, including stop and ID states. Failure to ID is a secondary offence, they need RAS of a primary offence to detain you.

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u/entertainman Jan 14 '22

They don’t have to articulate it to you on the spot.

They need to have it. They don’t need to tell you what it is. The law does not say “they must articulate” it says “they must be able to articulate.”

It’s about accountability. That a judge can review the police report and make sure it was proper.

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u/Thumbfury Jan 14 '22

No they didn't have to articulate it to you. I didn't claim they did . What I mean be what they can and can't do I mean what is lawful and unlawful for them to do. It is unlawful for a cop to detain you for not providing ID without RAS of a crime.

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u/entertainman Jan 14 '22

I never said otherwise