Posted on 12/08/2023 8:38:45 PM PST by Angelino97
Many police have no regard for rights, which is a problem.
In an ideal world, the officer would not ask for ID if he doesn’t have cause and, if he did have cause then he’d ask for ID and send you on your way if he realizes that you haven’t done anything.
I’ve never had that misfortune, fortunately of being targeted.
See how these false perspectives come about? Detainment and arrest are two totally different things. In many states you can only be “detained” for 15 minutes while they investigate ID or not. They have to make a decision to either arrest you, or let you go on your way in that 15 minutes.
Now if you are officially “arrested” then they can hold you for 72 hours waiting arraignment in a court of law, which is now normally live video court. But constitutionally, they have to let you see a judge and make a plea as part of your “speedy trial” within 72 hours.
You can be detained for up to 72 hours in all states. It’s not an arrest, because the officer isn’t intending to bring charges against you unless there becomes a reason to do so. Then, you’ll be arrested. This allows the officer to look for reasons to see if there is a reason that you can be arrested.
Arrested is with the intention of bringing charges.
https://keydifferences.com/difference-between-detention-and-arrest.html
“In an ideal world, the officer would not ask for ID if he doesn’t have cause and, if he did have cause then he’d ask for ID and send you on your way if he realizes that you haven’t done anything.”
That is actually how it is legally supposed to work right now. Anything other is unconstitutional.
Yes, but unfortunately it gets abused.
If an officer doesn’t like and detains you, he might go through the records to see if there is any case that he can say that gave him cause to detain you.
Yes, the legality of what is supposed to happen is the ideal balane.
So..keep your comments in canada.
let cops be cops. And dont give ke that strawman argument " what if the copsshot your wife" because my wife doest exercise her rights when dealing with cops. Thats for the courts, not the streets.
So..keep your comments in canada.
let cops be cops. And dont give me that strawman argument " what if the cops shot your wife" shes not very likely to be shot by a cop, because my wife doest exercise her rights when dealing with cops. Thats for the courts, not the streets.
law enforcement HAS the right to ask for your ID during an investigation including a traffic stop.
You need to get educated to realize how uneducated you really are.
no doubt.
You're both misinformed about the cops authority to ask for ID from anyone they are detaining. THEY HAVE THAT AUTHORITY.
you both deserve a caning and a week in the stocks for excessive use of deadly misinformation.
STUPIDITY should hurt and if it did, y'all would be on a fentenayl drip 24/7 because of it.
No they have to legally and formally arrest you and marandize you before they can imprison you. Then they have three days to decide whether to charge you for a crime or not.
Detained is just being delayed and held at the scene while still retaining constitutional rights. Arrest is a formal temporary loss of rights and imprisonment. I don’t care how they word it, being taken to jail and held is not just “detainment”.
This is why keeping arrest records without any convictions is BS. You can be arrested and released yet now you have a life sentence. That record of arrest haunts you for the rest of your life even though you were innocent and never even arraigned. Background checks for employment, credit score, by your new girlfriend, Etc.
When you are hauled to jail it is not a “detainment” record, it is an ARREST record. And convicted or not, for live you are automatically guilty of whatever you were arrested for. And law enforcement could care less if they destroy your life forever over nothing. Constitutional rights are designed to protect us from this very unnecessary hardship.
“harmless youre a dunning kruger patient. IOW you are too stupid to realize how stupid you are. .
law enforcement HAS the right to ask for your ID during an investigation including a traffic stop.
You need to get educated to realize how uneducated you really are.”
No they do not... You are absolutely wrong. This has been decided over and over with case law. They have to be able to prove probable cause before they can ask for it.
Acting ng guilty isnt a crime. but being an ass draws a whole lot more attention to yourself. attention you say you dont deserve. But still insist on needing.
No. The first time you are Constitutionally required to be informed of why you are being arrested is when you are arraigned for the first time.
Yes, detainment is a delay to help eliminate you as a suspect or to bring you back to your senses if you were acting out of control, like you’re drunk or just out of your mind.
https://openstax.org/books/american-government-3e/pages/4-3-the-rights-of-suspects
The stop being legal, so also would the requirement by the officer to provide an ID be lawful under the stop and frisk principle that officers can require ID in order to determine who they are dealing with and in case there are any wants and warrants. That leaves the issue of whether the officer used reasonable force.
In favor of the officer is Washington's failure to comply with a lawful command to provide ID, her disparity in size compared to Washington, his possession of a gun, and his outstanding fentanyl charge. In favor of Washington is the officer's abusive language, which suggests an intention to inflict harm on him.
My guess is that the case will never go to trial. Washington will get a settlement offer of about $25,000, while the officer will get a minor ding in her record as to professional standards for abusive language and being too quick to use the taser.
Few will make the point that a large, strong male officer of Washington's size -- a traditional but no longer permitted requirement for police work -- would likely have been able to get him to comply and would never have felt a need or desire to use a taser.
in a country of 400,000,000. Surrendering your ID and getting murdered by a leo in the same interaction, is not a stat id chose to be frightened about.
otoh, fighting with a group of LEO's over your rights to not identify yourself at a traffic stop or while being detained, thats an exponentially worse situation. that could have been avoided with a simple compliance with a lawful order. and no, the leap from can I see your ID to believing it leads to " marching into cattle cars" is literally the definition of paranoia. You are having a mental breakdown if you cant show your id while being detained.
are you a sovereign citizen? because you sound that stupid and confrontational over nothing.
No... Arraignment is your first court appearance in front of a judge where charges against you are formally pronounced. It can be proceeded by a bond hearing in some states, but most have the bond hearing in the same arraignment hearing.
Until then you are “arrested and being held on suspicion of” a crime pending formal charges brought by the DA which has to happen within 72 hours or they have to release you before the bond/arraignment hearing.
https://www.findlaw.com/criminal/criminal-procedure/arraignment.html
Yes, and your arraignment is when they have to inform you of your charges.
“Still, there is no general requirement that, at the time of arrest, an officer has to share this probable cause assessment with the arrestee.”
https://www.findlaw.com/legalblogs/criminal-defense/do-police-have-to-inform-you-of-your-charges/
The police can arrest you and try to question you, all without you knowing why. Of course, you can enact the Fifth Amendment, but this is what the police are allowed to do.
“are you a sovereign citizen? because you sound that stupid and confrontational over nothing.”
You are not? Every individual U.S. Citizen is a sovereign citizen like it or not. Accusing someone with that false narrative is like telling an American he should feel guilty for being an American. Every citizen is a collective of one. And it is explained very well.
Are you a communist who believes government has unrestricted and unfettered power over it’s citizens? Owned dogs have no rights?
This has nothing to do with just ID, it has to do with the constitutional 4th amendment. And it has already been settled thoroughly with case law. Just like they cannot make a traffic stop without probable cause.
“>The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause<, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Ironic that a 4th grader can understand this and so few adults can.
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