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can I deny to show ID or tell my name?

newbie

Regular Member
Joined
Apr 26, 2012
Messages
148
Location
west bend
as the tittle says, can I deny showing/telling them? reason im asking is because today I was with a friend who was pulled over. the cop told me if I didnt tell him my name I would be charged with obstruction. he said id be paying 300$ fine and they would learn my name by taking me to the station for prints. now to avoid that I showed them. now would I have really been charged?


also to add I was in the back seat, just in case you missed I was a passanger


also same goes for when im carrying my gun, do I have to show them?
 
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Fallschirjmäger

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Cumming, Georgia, USA
"Officer, I wouldn't dream of obstructing your investigation in any way. Tell ya what, I'm just going to go waaaaayyyy over there and keep my mouth shut so I don't get in the way."
In other words... non-cooperation isn't obstruction.
A tree in the middle of the road is an obstruction. A road that goes around the tree instead of straight when you want it to isn't an obstruction; the road just isn't cooperating.

I wonder, if the officer stopped a bus for speeding or for running a red light, is he going to detain every passenger on the bus and demand of them their identity??
 
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Fallschirjmäger

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946.41 Resisting or obstructing officer.

946.41(1)
(1) Except as provided in subs. (2m) and (2r), whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority is guilty of a Class A misdemeanor.
...
946.41(2)(a)
(a) "Obstructs" includes without limitation knowingly giving false information to the officer or knowingly placing physical evidence with intent to mislead the officer in the performance of his or her duty including the service of any summons or civil process.

946.41(2)(b)
(b) "Officer" means a peace officer or other public officer or public employee having the authority by virtue of the officer's or employee's office or employment to take another into custody.
...

946.41(2m)(a)
(a) The violator gives false information or places physical evidence with intent to mislead an officer.
...
...
946.41(3)
(3) Whoever by violating this section hinders, delays or prevents an officer from properly serving or executing any summons or civil process, is civilly liable to the person injured for any actual loss caused thereby and to the officer or the officer's superior for any damages adjudged against either of them by reason thereof.

946.41 - ANNOT.
No law allows officers to arrest for obstruction on a person's refusal to give his or her name. Mere silence is insufficient to constitute obstruction. Henes v. Morrissey, 194 Wis. 2d 339, 533 N.W.2d 802 (1995).



EDIT: One might note that "obstruction" requires one to do something i.e. to give a false name, to hinder, to stop, to delay, to prevent, to place. One must take an action in order to "obstruct".
 
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newbie

Regular Member
Joined
Apr 26, 2012
Messages
148
Location
west bend
yea I wasnt sure about it, I had nothing to hide but I didnt want to waste my day going to get finger printed. the cop was a dick to us. I was in the back of the car and he was pressing all of us for id. I was the only one who denyed thats when another cop showed up. then I was fealing the heat so I just told him. but if I dont have to next time I wont, but to be on the safe side id rather know then guess
 

newbie

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Apr 26, 2012
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Location
west bend
just wondering, where do you guys get all this info from? is there a place I can also go to?
 

AaronS

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May 2, 2009
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Location
Milwaukee, Wisconsin, USA

newbie

Regular Member
Joined
Apr 26, 2012
Messages
148
Location
west bend
http://docs.legis.wisconsin.gov/statutes/prefaces/toc
or
http://legis.wisconsin.gov/rsb/ for a fast search.

Some of the forum members have put in a lot of time to read all if the "gun control" laws we have in Wisconsin.
Guess thats why I keep reading and asking questions. Lots of "gun control" stuff to learn.



thanks for the sight, ill be reading threw the gun control laws the next few days.



also i just read threw the case. how big of a PITA factor was it for the law suit?
 

newbie

Regular Member
Joined
Apr 26, 2012
Messages
148
Location
west bend

thats a good one, iv never seen anything like that


also i could have googled it myself, witch i did but im not going to believe google. id rather ask wisconsin people. because some smart people live in this state and could fill me in. like the law web page. my eyes were burning from looking at the screen for so long. now that i know the link i wont have to ask questions about the law, unless i cant find it in there. or have questions about a law that im not understanding.

witch im sure there will be some. but not today.
 

oliverclotheshoff

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Aug 17, 2010
Messages
845
Location
mauston wi

protias

Regular Member
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Dec 18, 2008
Messages
7,308
Location
SE, WI
LOL!

Yep, got a new 'wire' that is even better. A Samsung Galaxy S with www.qik.com installed. When I have an 'issue', I just start the Qik recorder and it records to the web just in case the phone gets 'damaged'.

I have Qik as well, but for the life of me can't figure out how to stream to Dropbox or Box or my domain. And before you ask, no, I did NOT read the directions! :lol:
 

rcawdor57

Campaign Veteran
Joined
May 18, 2009
Messages
1,643
Location
Wisconsin, USA
I just stream it to Qik's website.

Nice! I'm not tech savvy so I have a few questions: Does the phone work with T-Mobile (SIM cards?) and does it stream video and audio?



On topic: No P.C., No R.A.S. therefore no I.D. required to be shown. This may have been linked earlier in this thread but if not, here it is again. The Attorney General's memo on 20 April, 2009 about open carry and your right to privacy.

LINK: http://www.doj.state.wi.us/news/files/FinalOpenCarryMemo.pdf

Snip about I.D.: ¶9. And “even when officers have no basis for suspecting a particular individual, they may generally ask questions of that individual, [and] ask to examine the individual's identification,” as long as the police do not convey a message that compliance is mandatory. Florida v. Bostick, 501 U.S. 429, 434-35 (1991). The Fourth Amendment does not prevent police from making voluntary or consensual contact with persons engaged in constitutionally protected conduct. See United States v. Mendenhall, 446 U.S. 544, 553-54 (1980). Accordingly, a law enforcement officer does not violate the Fourth Amendment by approaching an individual in public and asking questions. Florida v. Royer, 460 U.S. 491, 497 (1983). An officer may approach and question someone as long as the questions, the circumstances and the officer's behavior do not convey to the subject that he must comply with the requests. Bostick, 501 U.S. at 435-36. The person approached need not answer any questions. As long as he or she remains free to walk away, there has been no intrusion on liberty requiring a particularized and objective Fourth Amendment justification. See Mendenhall, 446 U.S. at 554.
5
 

Motofixxer

Regular Member
Joined
May 14, 2010
Messages
965
Location
Somewhere over the Rainbow
My New to OC in Wi thread was compiled just for reasons like this. There are links on there to all the statutes, discussions in ID'ing, the different types of detentions and a ton of other info. It's a great starting point when you have a question.
 
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