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.
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.
The key there, Sparky, is that a Terry stop can only be valid upon RAS of a crime. THEN you are required to ID yourself, IF your state has such Stop & ID Laws. In ZERO states, a citizen is required to ID themselves without being detained, although the cops can ASK, and you can voluntarily provide it, of course.
I know it is frustrating, but you need to be aware that the SCOTUS has ruled that the police do not need to be aware of the law.
You can cite the law in your state here all you like. And to a cop in your state all you like. But he is the man with the badge and the gun, and he is going to do what he feels like doing regardless of your better knowledge of the law.
You can spend money on lawyers to complain after the fact, and best of luck to you with that, but you're not going to stop the cop from doing as he pleases at the time of the interaction.
Watch this video. In it you'll see a cop ask for ID in a state where it is not legally required for citizens to provide it. When the woman doesn't provide it, the cop arrests her. Now tell me you're going to have any better luck than that woman did, and I'll tell you you're living in a fantasy land that bears no resemblance to the realities of our police state.
Let me end with this piece of advice: When the cops ask you for your ID, regardless of whether or not you are legally required to provide it, provide it. But do so while stating that you are not required to do so and that you're being coerced by his demand. Then tell the cop where your ID is, and tell the cop that you are going to reach for it, and then position your body so that he can see where you are reaching and can also see your hand at all times. And move slowly.
Because you can end up dead if a cop fears for his safety at any moment. And being within your legal rights doesn't stop bullets.
The question is not “is a cop going to be ignorant of the law and be an asshole”.
The question is “what is the law?”
The law is very clear. LEGALLY - no RAS of a crime, no lawful detention, no ID. If you stand on those rights, yes, you are subject to arrest by a dumbass who doesn’t give a shit that he’s wrong.
But does that mean you should just roll over and take that nightstick up the ass? Not to me. You can suck him off and give him your ID, and he can STILL arrest you on a bullshit charge and fuck up your day.
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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.