Disir
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- Sep 30, 2011
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yep, they do NOT have to show an ID, but they do need to give them their name....Stop and identify statutes - Wikipedia the free encyclopediaI didn't watch the video, but to answer your question, the Supreme court has ruled that NO ONE IS REQUIRED to provide ID to the police if on foot, or if in someone's car that they are not driving, or if on your own property or if in the Public Square.... in some States, they are required to verbally give their name, but even that has exceptions....if you believe your name can incriminate you, for some strange reason, then you are not required to give that on just a questioning by cop....His rights???!!! bowing down to authority without question is a very bad thing.He had every opportunity to defuse the situation and chose not to. Instead he chose to escalate the situation to prove.........what?
Again. Does California have a law on the books about proving his identity?The question whether it is constitutionally permissible for the police to demand that a detainee provide his or her name was considered by the U.S. Supreme Court in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), which held that the name disclosure did not violate the Fourth Amendment prohibition on unreasonable searches and seizures. The Hiibel Court also held that, because Hiibel had no reasonable belief that his name would be used to incriminate him, the name disclosure did not violate the Fifth Amendment right against self-incrimination; however, the Court left open the possibility that Fifth Amendment right might apply in situations where there was a reasonable belief that giving a name could be incriminating.[2] The Court accepted the Nevada supreme court's interpretation of the Nevada statute that a detained person could satisfy the Nevada law by simply stating his name.
yep, they do NOT have to show an ID, but they do need to give them their name....Stop and identify statutes - Wikipedia the free encyclopediaI didn't watch the video, but to answer your question, the Supreme court has ruled that NO ONE IS REQUIRED to provide ID to the police if on foot, or if in someone's car that they are not driving, or if on your own property or if in the Public Square.... in some States, they are required to verbally give their name, but even that has exceptions....if you believe your name can incriminate you, for some strange reason, then you are not required to give that on just a questioning by cop....His rights???!!! bowing down to authority without question is a very bad thing.He had every opportunity to defuse the situation and chose not to. Instead he chose to escalate the situation to prove.........what?
Again. Does California have a law on the books about proving his identity?The question whether it is constitutionally permissible for the police to demand that a detainee provide his or her name was considered by the U.S. Supreme Court in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), which held that the name disclosure did not violate the Fourth Amendment prohibition on unreasonable searches and seizures. The Hiibel Court also held that, because Hiibel had no reasonable belief that his name would be used to incriminate him, the name disclosure did not violate the Fifth Amendment right against self-incrimination; however, the Court left open the possibility that Fifth Amendment right might apply in situations where there was a reasonable belief that giving a name could be incriminating.[2] The Court accepted the Nevada supreme court's interpretation of the Nevada statute that a detained person could satisfy the Nevada law by simply stating his name.
Until that point where it becomes obstruction of justice. Or that is how it was being interpreted in Almeda County.