On Mon, Sep 1, 2014 at 11:42 PM, coderman <coderman@gmail.com> wrote:
On 9/1/14, grarpamp <grarpamp@gmail.com> wrote:
... Not necessarily... he doesn't indicate being detained (per RS) and subsequently asked, so he has no obligation (in US) to respond in confirmation.
you don't have to be detained per Reasonable Suspicion for RS to apply. so if there was RS refusing to identify could get you arrested by itself. [0][1] i imagine you'd only discover you were detained if you tried to leave the premises?
Detainer is only permissible via specific and articulable facts and rational inference therefrom leading to RS [Terry]. Only when detained are you required to name yourself if asked/ordered [Hiibel]. If you're 'being detained', you may leave when you're 'free to go'. Otherwise you may keep on walking [past your 'casual' encounter]. Detainer is different from arrest (per PC).
state specific
Federal minimum is in Hiibel. States may be more intrusive, at risk of unconstitutionality. There may still be an untested claim to the Fifth at 542:177:190,191. http://www.papersplease.org/ http://www.papersplease.org/hiibel/ https://en.wikipedia.org/wiki/Reasonable_suspicion https://en.wikipedia.org/wiki/Probable_cause
0. "Hiibel v. Sixth Judicial District Court of Nevada" - http://supreme.justia.com/us/542/177/case.html
If you read this stuff you'd change that 404 to http://www.supremecourt.gov/opinions/slipopinions.aspx?Term=03 http://www.supremecourt.gov/opinions/03pdf/03-5554.pdf http://www.supremecourt.gov/opinions/boundvolumes/542bv.pdf