Arrest and Identification
Tim May
timcmay at got.net
Mon Jan 12 12:53:20 PST 2004
Reminder about talking to cops, being stopped and held by cops, being
told to produce ID, etc.
As there's much of the old chatter here about these issues, I dug up
the ACLU card that is recommended to be carried by all persons. Or read
and understood.
Here's a Web version. A PDF version for efficient printing is also
available:
<http://archive.aclu.org/issues/criminal/bustcardtext.html>
A couple of paragraphs relevant to the current discussion about whether
being stopped for question is "arrest," whether ID is required to be
carried, etc.:
--begin excerpt
2. You don't have to answer a police officer's questions, but you must
show your driver's license and registration when stopped in a car. In
other situations, you can't legally be arrested for refusing to
identify yourself to a police officer.
3. You don't have to consent to any search of yourself, your car or
your house. If you DO consent to a search, it can affect your rights
later in court. If the police say they have a search warrant, ASK TO
SEE IT.
4. Do not interfere with, or obstruct the police -- you can be arrested
for it.
IF YOU ARE STOPPED FOR QUESTIONING
1. It's not a crime to refuse to answer questions, but refusing to
answer can make the police suspicious about you. You can't be arrested
merely for refusing to identify yourself on the street.
2. Police may "pat-down" your clothing if they suspect a concealed
weapon. Don't physically resist, but make it clear that you don't
consent to any further search.
3. Ask if you are under arrest. If you are, you have a right to know
why.
--end excerpt--
--Tim May
"'I'm sorry that Tim is being a bother again. He has a long history of
being obnoxious and threatening. So far, he has not broken any laws. We
have talked to the authorities about him on numerous occasions.
They have chosen to watch but not act. Please feel free to notify me
f he does anything that is beyond rude and actually violates any
laws and I will immediately inform the authorities.
Thank You
Don Fredrickson
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