Neighbor called the Law on me for shooting

[TripleR]

Nice idea, however the real story is that the LEO checks any ID he gets in his hands for warrants. If he gets a hit, he makes an arrest. Another feather in his hat. The thing is LEOs scare people into providing them with their IDs, even in situations that do not warrant this "search".

Wow, imagine, someone doing their job.

No disagreement there and in that case, refuse to do so if it is not required ie. drivers license etc. I don't normally carry ID if I am not driving.

 

[Ctgcwiqc]

Wow, imagine, someone doing their job.

No disagreement there and in that case, refuse to do so if it is not required ie. drivers license etc. I don't normally carry ID if I am not driving.

I think you miss the point. LEOs operate on a thin line between legal and illegal activity. There job is not to run every persons ID they come into contact with. It is to enforce local and federal laws. They however use any opportunity to intimidate you into volunteering information that may help build any case against you they can. You have right to not answer any questions, and you have 4th amendment right to protect against illegal search and seizures. The officers has no grounds if he has no reason to believe you have committed a crime, or are about to commit a crime. Simple. State that you have done nothing illegal, and do not plan to, inform him of your 4th amendment rights, and the evoke the right to remain silent. This is only if you are not breaking the law of course. I am completely against criminal activity.

 

[two_bit_score]

The constitution does not set your rights, it only limits the rights the federal government can take from us

There sure are a lot of people who don't get that concept.

 

[two_bit_score]

The constitution does not set your rights, it only limits the rights the federal government can take from us

There sure are a lot of people who don't get that concept.

 

[J F]

Worth saying twice.

 

[two_bit_score]

I think you miss the point. LEOs operate on a thin line between legal and illegal activity. ... ... ... ... Simple. State that you have done nothing illegal, and do not plan to, inform him of your 4th amendment rights, and the evoke the right to remain silent. This is only if you are not breaking the law of course. I am completely against criminal activity.

You're right. It's a thin line. Just be ready to go to jail when you decide to refuse to identify yourself to a police officer.

"No. In a 5-to-4 opinion written by Justice Anthony Kennedy, the Court ruled that the search did not violate the Fourth Amendment because it was based on reasonable suspicion (the police officer was investigating the assault, and Hiibel was nearby) and involved only a minimally intrusive question (his name). It also did not violate the Fifth Amendment because Hiibel never argued that telling the officer his name would actually incriminate him of any crime. Justice Kennedy wrote, "While we recognize petitioner's strong belief that he should not have to disclose his identity, the Fifth Amendment does not override the Nevada Legislature's judgment to the contrary absent a reasonable belief that the disclosure would tend to incriminate him."

http://www.oyez.org/cases/2000-2009/2003/2003_03_5554

He fought it all the way to the USC and was turned down. Remember sometimes bad facts make bad law so be sure it's REALLY important to you to make that point before you do.

Like the Texas Rangers used to say "Be sure you're right. Then go ahead."

 

[TripleR]

I think you miss the point. LEOs operate on a thin line between legal and illegal activity. There job is not to run every persons ID they come into contact with. It is to enforce local and federal laws. They however use any opportunity to intimidate you into volunteering information that may help build any case against you they can. You have right to not answer any questions, and you have 4th amendment right to protect against illegal search and seizures. The officers has no grounds if he has no reason to believe you have committed a crime, or are about to commit a crime. Simple. State that you have done nothing illegal, and do not plan to, inform him of your 4th amendment rights, and the evoke the right to remain silent. This is only if you are not breaking the law of course. I am completely against criminal activity.

No, you missed the point, if an Officer finds there is a warrant, it is their job to make the arrest.

I agreed with your second point and will only go along with a search/response consistent with Terry v Ohio etc.

 

[two_bit_score]

I think you miss the point. LEOs operate on a thin line between legal and illegal activity. ... ... ... ... Simple. State that you have done nothing illegal, and do not plan to, inform him of your 4th amendment rights, and the evoke the right to remain silent. This is only if you are not breaking the law of course. I am completely against criminal activity.

So, I'm trying to understand you here...You advocate refusing to identify if you've done nothing wrong but if you're breaking the law just go ahead and identify? Should you also just sign a confession on the spot?
:laughing:

 

[J F]

So...you HAVE TO identify yourself, ON YOUR OWN PROPERTY? If asked, of course.

 

[TripleR]

Just something for thought, you are attacked and dial 911, before Police arrive you are subdued and tied up in the basement. Your attacker meets the Officer and assures him/her all is OK, you are the one who called. Officer Friendly goes about his way leaving you to your fate.