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Search and Seizure at the Supreme Court
Pemdas writes "On March 22nd, the U.S. Supreme Court is slated to hear a case involving an arrest for lack of producing ID on the demand of a police officer. Dudley Hiibel was parked off the road, and was asked 11 times to show ID to the police officer, who gave the justification of 'investigating an investigation.' Finally, he was arrested, and eventually convicted of delaying a police officer,' and fined $250. The incident occurred in Humboldt County, Nevada; Mr. Hiibel's side of the story includes a good section on Terry stops, and has a video of the incident for download. The parallels to the previously covered Gilmore v. Ashcroft case are striking, and the ruling will be an interesting precedent on the issue of requiring ID's. The ACLU, EPIC, and EFF, among others, have filed Amicus briefs in the case."
I was coming home from a party in LA thrown by CRAPTV (the folks who brought us 'Orgasmo') and I made the mistake of getting a ride from a fellow party goer who was slightly tipsy. The cops stopped her after she made a right turn from the left lane. At the time, all I had was a Hawaii state ID. The cops couldn't find me in the computer system, so they said, "Well, legally, we can hold you for up to three days while we try to find out who you are." I was in a cell for eight hours. Finally they came in and said, "We found you. You're free to go." No apology, of course. Welcome to Kalifornia, may we see your papers?
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
Some of the comments on K5 were very good, especially the ones by people who RTFA and watched the friendly video. Despite my own right-sided tendencies, I don't side with this guy. He'd been drinking, he'd been arguing, he was rude to the cop (which shouldn't be illegal, but is certainly stupid), and generally isn't a good guy. There are insinuations that the subtitles in the video don't actually agree with what people are actually saying, which makes his position appear weaker.
I hope not carrying ID, or not giving it out w/out good reason, stays legal, but I also hope that drunk, obnoxious jerks get regulated on.
Long story short: Last year a newbie Sheriff's deputy arrested me for "failure to I.D." I was walking back from the store early in the morning, and a cop who I'd already had an incident with demanded my I.D. I'm fairly well-versed in Texas law on the matter, and I knew I was right.
Anyway, I plead not guilty and the deputy didn't show up at trial. I'm currently in the process of having the arrest record expunged.
The bottom line on this is: Constitutionally, every search or siezure must be reasonable, which the courts have decided means that reasonable suspicion must exist. If you're just walking down the street (like I was), and you don't match the description of a person wanted for a crime, and you're not committing a crime, there's no reason you should be compelled to identify yourself. Period.
The American government is using the 911 pretext to bring in a national ID card with your fingerprint and eyecan embedded in it. They are trying to make this happen by forcing all passport holders who come to America to either have fingerprints and eyescans in their passports or face being fingerprinted and eyescanned at an American Airport.
Since all of the the people in the world are having to have fingerprints and eyescans to enter the USA, other countries will use the same biometric technology to control who comes into their countries. If you do not have a biometric passport, you will eventually be scanned say, when you enter Canada or the United Kingdom or any other country.
This means that Americans will either have to have biometric passports issued by their own government (meaning that the government routinely fingerprints and eyescans innocent citizens) or, Americans will be fingerprinted and eyescanned when they travel to other peoples countries.
Paper based passports are going to become a thing of the past; all passports will be reduced to a machine readable card. Once this happens, your drivers licence can be your passport AND your drivers licence at the same time. This means that your fingerprints, taken by the governemt so that you can travel, will be available to the police when they ask you for your drivers licence.
This case is crucially important to the rights of American citizens. If Mr. Hiibel loses this case in the Supreme Court, it means that any policeman can ask for your ID, which will eventually mean that he can demand that you put your thumb into a portable fingerprint reader - on a whim. If he wins the case, the police will not be able to ask to see your ID, and the deployment of the national biometric ID system will be at the very least, delayed at best it will be destroyed completely before it starts.
If you want to read the reasons why ID cards are a non starter, try this.
And read this about the man who single handedly brought down the British ID Card system.
I hope he wins, because this will be a win for the entire Amercan public, and it will also be a clear sign to all other countries in the world that claim they are free democracies; ID cards violate your rights. They are bad for democracy, and should be shunned.
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First off to everyone here asking "why didn't he just show is ID?" I have lived in Urban areas and I have lived in small country towns. Being a caucasian male in his mid-twenties I have never had a problem with law enforcement in the urban areas that I have lived. However in the small towns with the small police departments where there is little more to do than harass the local teen and early twenties population I have had nothing but problems. I have never been officially arrested. Nor do I have or deserve any criminal record. But I have been pulled over, searched, taken in and otherwise annoyed by these small town constables more than I can remember. One day in my late teens early twenties I finally had enough. I had been routinely pulled over and had both my vehicle and person searched at least once a week for several months. I decided I wasn't going to do it anymore as none of the stops ever resulted in more than a ticket for a burnt out taillight. I decided to start refusing the search request. I began to tell the officers that since they have no probable cause to enter my vehicle that the most they could do was a plain sight search. And if they wanted anymore than that to get a dog or a warrant (keep in mind that if they do opt for the dog, which they have in my case a few times, that you should ask them to declare how the dog alerts prior to them letting the dog loose on the car.) This will piss a cop off so be ready for the backlash. I had to do this a few times and sit and wait for them to get a k-9 unit to respond but eventually they began to leave me alone as it took to much time for them. Having gave that background I can complete understand why this man refused the police officers request. The officer had little of no resonable and probable cause to make this request.
And asking a cop for his badge number is a GOOD way to find yourself with the stainless bracelets on. Even obviously LOOKING at his badge number if he's in a bad mood.
About the ONLY time you get them to give it willingly is when they have just HELPED you, and you've said thank you, and tell them you'd like to write a thank you letter for their files
BTW - if you local PD has citizens councel, show up, be polite, listen, and say hello. Aka, become known to the cops as "a good guy". Like it or not, once your local beat cops get to know you, you have less hassles - you don't get the evil eye. You get a nod. Just human nature - it's not supposed to play a role, but it DOES
Other things, if you don't feel like doing that? Join you local community board, or SOME social organization. The guys who run the charity parade, etc. The cops get to know these people - so do the local business men, and the local pols. THEN when you call you local Pol with a position on some bill, your not just "Joe Schmoe", your "Jim on the Parade committee"
-- 73 de KG2V For the Children - RKBA! "You are what you do when it counts" - the Masso
I have personally been assaulted by a gang of criminals while an armed, on duty cop watched and did nothing. Then, after I had been held down and kicked by the group, more cops arrived and accused ME of causing trouble.
I have been walking down the street in NYC with a friend and, since he is black, had 3 cops throw him against a wall and stick a billy club in his kidneys, call him 'nigger' repeatedly, and toss him to the sidewalk, all on his way home from work, at his taxpaying, law abiding job.
I have been riding in a car in Beverly Hills and pulled over and asked to show ID because the driver was black.
I don't hate all cops, my brother-in-law is a State Trooper, but I don't trust cops. I obey the law. I hate people who break the law, and I hate punk-ass chumps who get jobs as cops because they have been weak, pussies their whole lives and being a cop makes them feel like a big bad ass.
So why don't you check that 'virtually all people' crap and read up a bit yourself, dillweed.
He had no right to ask for ID. What he could have done is asked the guy what his name was, first! Then if the answer was suspicious, ask for his ID. That's what is meant by being secure in one's person and PAPERS.
Gamingmuseum.com: Give your 3D accelerator a rest.
Police officer has to be one of the most thankless jobs around. These people take their lives in to their own hands with every traffic stop, every domestic abuse call, every bar fight, etc.
I agree. However, to become a cop you accept a higher level of responsibility. If you're a citizen, and you kill someone in self defense, there aren't any problems. If you're an officer, people immediately question whether deadly force was required, and whether the officer followed every procedure properly from the start, and whether the officer had neglected trainning that may have ended the situation peacefully.
Is it a double standard? Yes, of course, as it should be. We are empowering these armed individuals, with our own tax dollars, to enforce the law against ourselves. They better follow procedure. They better be well trained and alert. We hold surgeons to a different standard because we need to trust them. When they violate that trust, that's a serious problem. Citizens can go about their lives normally and all we ask in a self defense case is "did they THINK their life was in danger and did they THINK that the only way to avoid it was to use deadly force?". That doesn't cut it with cops, sorry. People can make mistakes, surgeons and lawyers and cops CAN'T.
These high law enforcement standards we hold are more valuable than the supposed reduced crime you might get from unaccountable officers.
Oh, and nobody can waste an officer's time. They can only waste taxpayer money. The officer is being paid, so as far as he's concerened, he's working no matter how many delays he's faced with.
Asking for ID should be perfectly legal and fine, just like it's legal to ask if you can search someone's house. But when they refuse, take a hike unless you've got probable cause. There better be some real CHARGES.
Social scientists are inspired by theories; scientists are humbled by facts.
I am a police officer in the State of Georgia, in DeKalb County. You said "The police officer did NOT have the right to ask his name," and also "The whole point is that you do not have to identify yourself to the police simply because they want to know who you are."
/do/ have the right to ask the name and information of any person in any public place (the roadway is considered a public place) at any time, for any reason. We don't need probable cause. We don't even need reasonable suspicion. You can like this or not, but the law has been upheld.
I don't know about the particulars of this case, however, I will tell you that in the State of Georgia, we
The definition of public place, according to Georgia State Law is:
(15) 'Public place' means any place where the conduct involved may reasonably be expected to be viewed by people other than members of the actors family or household.
Furthermore, specifically in regards to a driver's license, the law says this:
(b) Every licensee shall display his license upon the demand of a law enforcement officer. A refusal to comply with such demand not only shall constitute a violation of this subsection but shall also give rise to a presumption of a violation of subsection (a) of this Code section and of Code Section 40-5-20.
This applies to not only drivers, but also passengers of motor vehicles. That has been upheld by the Supreme Court. I know this because it was on our recent legal update. It also applies to pedestrians.
Asking for ID is not a violation of the fourth amendment, or any search and seizure laws. You do not have the right to refuse to show a police officer your ID. You have the right to refuse to allow them to search you, your vehicle, your home, etc. without probably cause, that is certain.
Again, I don't know the specifics of this case, or what state this person was traveling in, though I'm reasonably certain most states have similar laws.
However, I would make very sure that in your state (or country, etc.) that you know the specifics of the law, because in my county, if you refuse to show me your ID, I will take you to jail. I have done it twice so far in my career, and both times the conviction was upheld.