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Dealing with police ....
Suppose you're at home one day minding your own business and not making a whole bunch of noise. A police officer rings your doorbell. When you answer the door, they ask "are you _____________ (whatever your name is)?" You say yes, I am. They ask "can I see some ID?" Do you A) say yes and hand it to them, B) say no, C) say no but have a good day (while closing the door), D) ask why they want to see your ID, or E) something else that I haven't thought about as yet? Inquiring minds want to know. Dec 29 14 09:23 am Link Lovely Day Media wrote: All nine justices agreed that a person who is not behaving in a way that gives rise to an articulable suspicion of criminality may not be required to state his name or show identification. All nine justices also agreed that under the Court's prior precedents, the police could ask a person who has been subject to a Terry stop for his name. Dec 29 14 09:33 am Link You're right ... there is a ton of information on this subject. None of it, though, tells me how an individual will or thinks they will handle this kind of situation. Dec 29 14 09:36 am Link I'm not doing anything? I would hand them my ID to confirm who I am. What could be the downside of this simple act of identifying myself. I might instinctively ask why they are at my door and asking for my ID, but likely as I'm handing it to them. They came to MY door. They already know or assume that I live at this address. If I refuse to identify myself, that give law enforcement more reason to be suspicious of who I am or why I am at this house. I have dealt with the police about 10 times in my entire life. One time, I was arrested for DUI. One time, I called them for a domestic situation between my roommates. A few other times, I was stopped for traffic violations. And one time, I was involved in an accident at a night club. There were zero times that the cops were dicks to me, or that I thought they were over stepping their authority. Yes, I'm aware that it is my right to not have to "show my papers" to law enforcement. But it's also my responsibility to cooperate when possible with the police. So, if I'm not doing anything wrong, and I KNOW I'm not doing anything wrong, then I'll gladly identify myself to police if they come knocking. And if things go to another level, and I'm arrested for a crime I know I didn't commit, I will be saying not one word until I have a lawyer present. I know that right as well. Dec 29 14 09:41 am Link Lovely Day Media wrote: In that case: I have asked them why I have been pulled over before handing over my id. I have been stopped while walking and had no id on me. But they claimed they had a report and I met the description. Afterward, I went to the store where I was "accused" of shop lifting and talked to the manager. Then I talked to the cop's superior since the description the cop gave me was substantially different than the one the store gave the cops. So a whole bunch of cops had to waste a whole bunch of time with me that day. All of which would have been avoided had the cop just been polite and courteous to begin with. My general philosophy for the next time, is to be prepared to show ID and inform him that once I show it to him, against my will, I will sue him. But, ultimately, it would depend on how much I wanted to argue with a cop on that particular day. Dec 29 14 09:53 am Link I would show my ID...but I would ask why he is at my door asking for my ID. So what if he runs my driver license number, it is going to come back clean...same if he ran the plate number on my car. No big deal. A few years ago, when Union Pacific painted a six locomotives in "Heritage" colors, I was doing some run by photography and videos of those locomotives on trains in my local area. There were several locations within one small town that were excellent for light in the afternoons, so I would take along a book and wait for the train. Almost every time, although I was parked in public parking and minding my own business, a police officer would stop to see what I was doing. One of the very first things each would ask is to see my ID. I would show them my ID...and then honestly tell each officer what I was doing there...even show some photos or video from a previous time. Never had a problem with any of them, they were simply responding to a call from someone who reported a person sitting in a car near the railroad tracks. Once they knew who I was and that I posed no threat to anyone, they were cool with me being there. There was one occasion, while the officer was talking to me, we heard the train horn in the distance. I looked at my watch and told him based on the information I had been given from a friend, this was the train with the Heritage locomotives...and I asked if he would excuse me so I get the camera ready. He asked if it would bother me if he stayed to watch, he didn't know what Heritage locomotives were. No problem, so he stayed and watched the colorful locomotives pass by as I shot a video. Police are people, just like anyone else, who have a job to do. Most of the time, the people that have to deal with are upset and not polite, so just being calm and friendly goes a long way. It is to no advantage to screw with them or do anything that causes them to have to go to the next step. If a police officer ever does anything out of line with me, that's what lawyers and courts are for. Dec 29 14 10:00 am Link I'd probably say something to the effect, "I don't mind, but may I ask what this is about?" Dec 29 14 10:04 am Link I would ask the reason but I would be cooperative. I find that the police are always much easier to deal with if you are cooperative. At the same time, I wouldn't be concerned about them running my ID. Dec 29 14 10:11 am Link I listen to the local 911 emergency center on a scanner. Police are dispatched in a medical emergency and always run a background check for wants and warrants of the person requiring medical assistance. It's a little out of hand...... IMO Dec 29 14 10:53 am Link I can't think of any reason to not show my ID in that situation. They might be there to notify me of a family member having just been in an accident, or someone having broken into my place of business or any number of things. It they have reason to be at my door, I would like to know that they're checking that the person in my house has reason to be there... what if a burglar had just locked me in a closet and was sitting in my living room drinking my beer? Dec 29 14 10:58 am Link This is a good discussion. Can we avoid it turning soapboxy and getting locked? Dec 29 14 10:59 am Link Kev Lawson wrote: Probably not, unless we hold the discussion in a superficial, iintellectually dishonest way. Dec 29 14 11:01 am Link Lovely Day Media wrote: I would politely say: Dec 29 14 11:09 am Link The stereotypical Nazi command, by the officials, was, "show me your papers". The police in the U.S. have become WAY too much like our version of the gestapo. -Don Dec 29 14 11:17 am Link I'm not gonna give that up carte blanche, without asking a few rather pointed questions first. I had an episode here a few months back. Someone was banging at my door at 1:30am, turned out to be a cop. I was polite, and thanked him for his concern, but made it abundantly clear that his actions could've resulted in a very sticky situation, and unless he was 99% positive I was getting murdered or my house was on fire, to not ever do that again. Dec 29 14 11:20 am Link Don Garrett wrote: The little difference being that if your ID showed that you were the "wrong" ethnicity then the Gestapo would haul you off to be exterminated. Showing your ID here results in absolutely nothing (unless you're a criminal on the run). Dec 29 14 11:36 am Link I see no reason not to show them my DL, but I would also ask "Can I help you with something?" . Dec 29 14 11:38 am Link
Post hidden on Dec 30, 2014 10:53 am
Reason: violates rules Comments: No soapbox please Dec 29 14 11:51 am Link D. I'd want to know why first, but assuming they have a reasonable reason, I'd happily comply. I disagree with the idea that everyone should have to carry and I.D. at all times and show it to any official on request without a valid reason. Dec 29 14 11:56 am Link Don Garrett wrote: I agree, nothing more than an armed branch of the local and state judicial systems that need revenues derived from fines to operate. Dec 29 14 12:01 pm Link Not sure why I'd want it to be a secret who I am, so yes I would cooperate fully with them so they can move on and continue doing their job. If I've done nothing wrong I am in no more danger cooperating than I would be not cooperating, and in fact my guess is I am in much less danger. Dec 29 14 12:11 pm Link Kev Lawson wrote: ...well, so much for that wish... Don Garrett wrote: Dec 29 14 12:12 pm Link K E E L I N G wrote: http://researchnews.osu.edu/archive/ronhuff.htm Dec 29 14 12:19 pm Link K E E L I N G wrote: Your logic is airtight. Lets eliminate protections for self incrimination from the 5th Amendment. Dec 29 14 12:22 pm Link NothingIsRealButTheGirl wrote: There's no incrimination involved in revealing your identity, unless you're you're a fugitive... in which case all bets are off. Dec 29 14 12:29 pm Link Lovely Day Media wrote: Seems to me that a request to show ID is not unreasonable. I'd show it, right away. Dec 29 14 12:38 pm Link Lightcraft Studio wrote: If you have nothing to hide, why do you need the 5th amendment? Dec 29 14 12:42 pm Link Directly from a law attorneys mouth who is specialized in this field: "never talk to police" there are a zillion Criminal law and Citizen websites and videos with concerns of EXACTLY what happened to you in this situation. (because it happened far too often, and becomes a real nightmare for some) On the street in public is one thing, but in your OWN HOME special circumstances apply. = IE the constitution of the United states. What that officer did was violate your 4th amendment rights under the color of law. what that means: Understand, this is not Nazi Germany, they are not the gestapo, it does not say KGB on their badge. There are officers who abuse their position and personal information and lie on reports that cause all sorts of grief to unaware law abiding citizens. Individual officers can abuse or manipulate the law to use their badge/uniform to make/compel citizens to comply with their wishes or whims. (IE: under 'color' of law - when there was no truly justifiable cause to do so) IF IT HAPPENS AGAIN: (directly from the attorneys mouth) 1. Do not open the door, ask through the door who it is and what they want. 2. if they ask if someone else is there (who is not = it may even be a fictitious name to get you to open the door where they can detain you) tell them "there is nobody here by that name". If they ask for YOU: then state "Do you have a warrant?" have them give it to you through a mail slot or show it through a window = see that it is signed and dated by a judge BEFORE you open your door. If you do, then step outside and immediately lock your door, DO NOT let them into your home - Period ! they can use it as an excuse for search & seizure of your personal property. State: "you do not wish to answer any questions." If they do not have a warrant, they will leave. 3. If an officer comes to your door out of the blue (ask them) "Do you have probable cause for being here?" if they make up some excuse and evade the question, demand "What is the probable cause, demand the call or case or incident number associated to their presence? then ask for their full name and badge number / and Department. THEY MUST PROVIDE THIS INFORMATION. 3.(a) In fact, you do not even have to answer or open your door, just ignore the Officers. If they truly had a warrant for some unknown reason, they would break down the door. 4. ON YOUR OWN PROPERTY: If they cannot provide probable cause, then it is a case of Police Harassment, at a residential home, it is the officers that are committing the crime of Criminal Trespassing, request that they immediately leave the property. 5. If they do not = or abuse your personal information, or continue acts of harassment then you can file a complaint with the FBI-Civil Rights Division / your State Dept of Justice-Professional Standards Unit / Their own Police/Sheriffs Dept Internal Affairs. (Record all incidents & contacts) Also contact your local ACLU office who takes complaints and act on them. 6. If you are arrested unjustly, cooperate (you do have the constitutional right to resist false arrest = but this usually results in deaths "yours" or further charges against you) However, DO NOT TALK TO POLICE ! tell them you will not speak to anyone without the presence of an attorney, if they continue to question you after your stated this right, (Miranda) then it is considered further police harassment. === Unfortunately, after the Federal Patriot Act was enacted, many law agencies have twisted it into a free ticket to harass or bully common citizens. Look up your individual state laws and how they apply. MORE IMPORTANTLY: I have met several Photographers on Model Mayhem that have had EXACTLY THIS SITUATION happen to them at their homes and businesses, officers show up out the blue to question them and demand personal info. Officers come to a Photographers place of Business and/or Residence and demand ID in attempts to profile them. (Note: that such activity by Law enforcement it highly illegal = but also remember that Officers are ALLOWED TO LIE in the line of duty ( but you as a citizen are NOT ) sound fair ? its not, its called entrapment ) WHY THIS IS IMPORANT TO MODEL MAYHEM MEMBERS You have probably heard of Police putting up fake ads on Craigslist to entrap "Johns" on supposed sex ads, however, they also do this with modeling gigs on Craigslist and with fake profiles here on Model Mayhem and other modeling sites. In any case, ANYONE should be concerned when officers come to their door and are harassed for no apparent reason or justifiable cause. = it is profiling, data mining & garnishing your personal information. Remember that an officer can/and do abuse their posts and on reports = but the weeding out of their wrongdoing in court is a long and costly process for the common citizen, but not for the officer(s) involved. So the next time an officer stops and questions you for no apparent just cause (DUI stop - in public - sidewalk - your home or business) imagine if they were just a average person and don't look at the uniform, would you give some Joe your personal info and put up with their attitude ? This is how law enforcement has turned into law harassment by using their badge/uniforms to instill fear instead of common respect ~ and why you may have been noticing a growing resistance to police abuse in the media over past many years. Police are public servants, they must be made accountable for their misconduct. I and the common person have a great deal of respect for law enforcement, however ...once your witness this type of police abuse, it forever changes your perspective. Dec 29 14 12:44 pm Link NothingIsRealButTheGirl wrote: To protect us when we DO have something to hide. Dec 29 14 12:45 pm Link Lightcraft Studio wrote: This is great news, because it means anyone who invokes it must have something to hide. So invoking the 5th amendment to avoid self incrimination actually causes self incrimination. That makes everything much more simple! Dec 29 14 12:48 pm Link NothingIsRealButTheGirl wrote: Actually, the protection to you in the case I mentioned would be that unless they had read you your rights, they would not be able to use your admission of robbing the bank in a trial against you. Sure it would help them find other evidence, but the constitution would protect you from what you said to them during that stop. Dec 29 14 01:05 pm Link instead of grasping at straws and providing such outrageously false misinformation here, perhaps you should take and effort to actually educate yourselves and look up what your 5th amendments rights ARE Actually FOR - instead of relying on such one-liner Television drivel... = I'm serious. Dec 29 14 01:13 pm Link Wait. OP, in your scenario, what color am I? It might affect my answer. Although I can't say why, anymore. Dec 29 14 01:15 pm Link Dec 29 14 01:15 pm Link The Grey Forest wrote: I was once doing up a contract with someone else. We decided we better have a couple lawyers look at it. By the time we were all done, we were pretty much where we had started, but with a lot of steamed discussion, table-pounding, and a few thousand dollars down the tubes. I and the common person have a great deal of respect for law enforcement, however ...once your witness this type of police abuse, it forever changes your perspective. Maybe. I've been treated inappropriately by ersatz artists/models, lawyers (see above), law enforcement officers, drive-through cashiers, delivery services, merchants, food service types, clients, and so on.... but I still continue to work with all of these types as the occasion demands. You adjust your outlook and expectations for the issue at hand. Dec 29 14 01:16 pm Link Wow, well I for one are truly amazed that you are a "Forum Guide" Justin. because for one, your statement is clearly out of context with the post. your analogy on drawing up a contract is regarding a civil - not a Criminal matter. ie; Police enforcement are not involved in Civil Matters. The inclusion reference of a Lawyer is secondary to that discussion. If police are knocking at your door demanding your personal ID it would be regarding a Criminal matter, period. They wouldn't demand to see such about returning a pet. 2nd, the list of other samples of inappropriate behavior by 'others' are not all applicable: nor do they come knocking at your residence and demand ID under the color of law or have the power to arrest/detain you. It in fact does change a persons initial glossed perspective until they educate themselves further at the sheer type of power over another by the wearing of a uniform/badge. The power of incarceration and violation of personal rights and personal property is a very serious one trumps all other frivolous samples you provided. Dec 29 14 01:39 pm Link The Grey Forest wrote: Well, I always wanted to be amazing. your analogy on the contract is regarding a civil - not a Criminal matter. The analogy just had to do with excess officiousness muddying up waters that otherwise just might be fairly clear. 2nd, the list of other samples of inappropriate behavior by 'others' are not all applicable: nor do they come knocking at your residence and demand ID under the color of law or have the power to arrest/detain you. It in fact does change a persons initial glossed perspective until they educate themselves further at the sheer type of power over another by the wearing of a uniform/badge. The power of incarceration and violation of personal rights and personal property is a very serious one trumps all other frivolous samples you provided. That's fine. Dec 29 14 01:47 pm Link In this case, it doesn't matter what color you are because it doesn't matter what the police do. This is all about your action or reaction to the problem. They've asked if you're ________ and now they want proof (they don't believe you). It is my understanding that the 4th amendment (I think) protects a person from unnecessary search and seizure. If they ask for my ID and I hand it to them, it's not illegal as it's voluntary. If I say no and they search me for it without a warrant, it's unnecessary. Dec 29 14 02:12 pm Link your point of view is one that every 'good Samaritan' should have, (in a perfect world) cooperate with law enforcement to catch the bad guys, or to correct a wrong. (unfortunately I must add) However - the purpose above was not a rant of fear mongering, but of when to be of wits and recognize when an Officer or persons acting of authority are abusing/overstepping their granted powers. The stated notations are almost word for word what you will find by the legal advisors for the ACLU / Criminal defense attorneys who post such advice for public knowledge. Humans make mistakes But sometimes those that wear badges never face the accountability of their mistakes by either the manipulation of laws, or exploitation of citizens lack of knowledge of their rights (protections) and coercion behind the blue curtain. Corruption is a word that is well used not only toward thugs and criminals, but increasingly towards our own protectors. Too much power and not enough oversight has become a notable and common concern. Dec 29 14 02:14 pm Link Lovely Day Media wrote: But not necessarily. If they're telling you about the unfortunate incident with Uncle Bob, and you were an emergency contact, they may need to establish your identity. If, as described above, they're returning Fido, but Fido is a rare shih tzu/great dane hybrid, they may want to make sure Fido's going to the right person. If they have heard you were a witness to a malicious act of graffiti, they may want to be sure they can say in their report, "I established the identity of the witness." Dec 29 14 02:20 pm Link |