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Man Arrested for Refusing to Show Drivers License

Posted by ScuttleMonkey on from the living-your-life-with-principles dept.

NMerriam writes "Michael Righi was arrested in Ohio over the weekend after refusing to show his receipt when leaving Circuit City. When the manger and 'loss prevention' employee physically prevented the vehicle he was a passenger in from leaving the parking lot, he called the police, who arrived, searched his bag and found he hadn't stolen anything. The officer then asked for Michael's driver's license, which he declined to provide since he wasn't operating a motor vehicle. The officer then arrested him, and upon finding out Michael was legally right about not having to provide a license, went ahead and charged him with 'obstructing official business' anyways."

3 of 1,972 comments (clear)

  1. Guess he learned by sauge · · Score: 1, Flamebait

    I guess he learned the difference between what they say the United States of America is about and what it really is about. Fortunately, more and more people are beginning to understand the reality of things instead of the flag waving we see in John Wayne movies.

  2. Re:I smell something... by Lane.exe · · Score: 0, Flamebait
    (1) That's the thing. It's a private establishment. They don't have to have any sort of cause to search your bag in their store. The 4th Amendment only applies to governmental industries. Now, when they directed the police to search there, I'm going to say that the police, relying on the sworn statements of store employees, had probable cause to conduct a search, even though they found nothing.

    (2) Now this sounds a lot more like a tort. I am unaware of the Ohio false imprisonment law, but generally it involves being held in a place against your will where a person, exercising reasonable care, could not escape or leave. I think both the police and the store owners might be liable on a false imprisonment charge... but damages would be comparatively low, because our plaintiff hasn't really suffered anything other than the indignity of having people falsely accuse him of stealing.

    --
    IAALS.
  3. Battle Won, War Lost by spurdy · · Score: 1, Flamebait

    The gentleman may have a point about having a right not to submit to store searches and a right not to have to produce his drivers license, but was there, oh I don't know, ANY OTHER WAY HE MIGHT HAVE MADE IT?! Does he really think that making these points in this way is worth the time and money that he will have to spend defending himself in court and the pain and humiliation he has caused and will cause to his family? For me the answer would be a resounding, "No." He will have made a point, all right, but at what cost?

    I'll be interested to hear if he feels the same way after the hearing.