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ID Statute WA State

Difdi

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Mar 2, 2010
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987
Location
Seattle, Washington, USA
they said in the last paragraph that a situation could arise where such did violate the 5th Amendment.

I can think of a couple situations where identifying could be incriminating. Suppose you escaped from prison or violated parole/probation by being found where you are standing? Then identifying yourself would be self-incrimination.

The same would be true if Osama bin Laden had been Terry stopped somewhere in the U.S. after the 9/11 attacks. Giving his name would produce an immediate response. For that matter, someone with the same name arguably would be risking their life if they identified themselves as such.
 

sudden valley gunner

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Whatcom County
I can think of a couple situations where identifying could be incriminating. Suppose you escaped from prison or violated parole/probation by being found where you are standing? Then identifying yourself would be self-incrimination.

The same would be true if Osama bin Laden had been Terry stopped somewhere in the U.S. after the 9/11 attacks. Giving his name would produce an immediate response. For that matter, someone with the same name arguably would be risking their life if they identified themselves as such.

That is the problem when they start watering down things like the 4th and creating standards like RAS, they end up conflicting the very reasons the bill of rights were put there to begin with.
 

911Boss

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Gone... Nutty as squirrel **** around here
quote_icon.png
Originally Posted by amlevin
In Washington this applies to only someone to whom a Civil Infraction is being issued. Not a "Stop and ID" situation but more of a "cite for violation".

I've personally witnessed this when I used to ride a lot with a couple of State Troopers. The person they were attempting to cite was either a total butt-hole refusing to provide any ID or had numerous pieces of conflicting ID on his person.



Why would a person be a total butt-hole for refusing to provide ID?

In WA if you are driving and receiving a citation, you are required by law to provide ID. Preferably, a driver's license but in absence of that by providing name, etc.

"Attempting to cite" is the key here.
 

Citizen

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Fairfax Co., VA
I can think of a couple situations where identifying could be incriminating. Suppose you escaped from prison or violated parole/probation by being found where you are standing? Then identifying yourself would be self-incrimination.

The same would be true if Osama bin Laden had been Terry stopped somewhere in the U.S. after the 9/11 attacks. Giving his name would produce an immediate response. For that matter, someone with the same name arguably would be risking their life if they identified themselves as such.

In Hiibel, the court referred to a chain of evidence. As in supplying one's name might create a link in a chain that leads to evidence that can be used against him. Its in the very last paragraph of Hiibel.

It should be noted that we've had an OCer fall into this problem. A California OCer had his ID seized involuntarily from his wallet. The cops let him go at the end of the encounter. A little later, the prosecutor decided to twist the law and went after him. The prosecutor even got a judge to redefine the word "public" so as to convict the OCer. Of course, if the cops hadn't gotten his name from his wallet without his consent, they wouldn't have known who to try to go after when the prosecutor entered the picture. So, there is some risk in supplying your name. It may not be much in any given situation, but its not zero.
 

Freedom1Man

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Jan 14, 2012
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Greater Eastside Washington
quote_icon.png
Originally Posted by amlevin
In Washington this applies to only someone to whom a Civil Infraction is being issued. Not a "Stop and ID" situation but more of a "cite for violation".

I've personally witnessed this when I used to ride a lot with a couple of State Troopers. The person they were attempting to cite was either a total butt-hole refusing to provide any ID or had numerous pieces of conflicting ID on his person.





In WA if you are driving and receiving a citation, you are required by law to provide ID. Preferably, a driver's license but in absence of that by providing name, etc.

"Attempting to cite" is the key here.

You did not mention the whole motor vehicle thing in the first place. That changes the story a little bit.

He may have not been engaged in commercial traffic and so saw no need to proved any state issued permission card.
 

sudden valley gunner

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Whatcom County
In Hiibel, the court referred to a chain of evidence. As in supplying one's name might create a link in a chain that leads to evidence that can be used against him. Its in the very last paragraph of Hiibel.

It should be noted that we've had an OCer fall into this problem. A California OCer had his ID seized involuntarily from his wallet. The cops let him go at the end of the encounter. A little later, the prosecutor decided to twist the law and went after him. The prosecutor even got a judge to redefine the word "public" so as to convict the OCer. Of course, if the cops hadn't gotten his name from his wallet without his consent, they wouldn't have known who to try to go after when the prosecutor entered the picture. So, there is some risk in supplying your name. It may not be much in any given situation, but its not zero.


Similar situation here in Washington with Josh's case, but I don't think the cops weren't going to leave without ID.

They harassed Brewster for quite a long time about it too.

I have had several instances in my county where they insisted on ID, and then was told a few times I was "obstructing" their investigation.
 

sudden valley gunner

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Dec 13, 2008
Messages
16,674
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Whatcom County
quote_icon.png
Originally Posted by amlevin
In Washington this applies to only someone to whom a Civil Infraction is being issued. Not a "Stop and ID" situation but more of a "cite for violation".

I've personally witnessed this when I used to ride a lot with a couple of State Troopers. The person they were attempting to cite was either a total butt-hole refusing to provide any ID or had numerous pieces of conflicting ID on his person.





In WA if you are driving and receiving a citation, you are required by law to provide ID. Preferably, a driver's license but in absence of that by providing name, etc.

"Attempting to cite" is the key here.

You did not mention the whole motor vehicle thing in the first place. That changes the story a little bit.

He may have not been engaged in commercial traffic and so saw no need to proved any state issued permission card.

Amlevin chose his words specifically, little reminiscent of Hank-T, something I noticed lately about several of his posts. Instead of letting him be amused by us arguing and debating about it, let him answer his provocative post.
 

fire suppressor

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Jul 13, 2008
Messages
870
Location
Kitsap County
Personally I always ask if I am being detained. If the answer is no the conversation is over and my ID stays in my wallet. As for being pulled over in a car I never read any RCW stating you had to inform the officer if you are carrying or not, same is true for when you are just out walking around. People love to debate weather you should inform the officer or not if pulled over. I don't want to get into that as it is your choice. But as far as the laws go I have never read anything saying to are required to
 

hermannr

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Mar 24, 2011
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Okanogan Highland
Personally I always ask if I am being detained. If the answer is no the conversation is over and my ID stays in my wallet. As for being pulled over in a car I never read any RCW stating you had to inform the officer if you are carrying or not, same is true for when you are just out walking around. People love to debate weather you should inform the officer or not if pulled over. I don't want to get into that as it is your choice. But as far as the laws go I have never read anything saying to are required to

You are not required to tell LE that you are armed, because, unless you have committed a crime, it is none of their business. WA state constitution Article 1 section 7...you are to be secure in your private affairs/
 

MSG Laigaie

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Location
Philipsburg, Montana
You are not required to tell LE that you are armed, because, unless you have committed a crime, it is none of their business. WA state constitution Article 1 section 7...you are to be secure in your private affairs/
This is Truth, caveat is that when you are pulled over (assuming you are in some sort of vehicle) and the LEO runs the plates. HUGE history comes back on the registered operator. I hear the CPL reports on the scanner. I keep one running in the background and things like that seem to pop out.
 

hermannr

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Okanogan Highland
This is Truth, caveat is that when you are pulled over (assuming you are in some sort of vehicle) and the LEO runs the plates. HUGE history comes back on the registered operator. I hear the CPL reports on the scanner. I keep one running in the background and things like that seem to pop out.

I had a friend that worked for the WSP, yep, they get your CPL status when they stop you and check your DL.

However, even though I do not get stopped very often, I have been stopped a few times over the last 40 some years, and I have never been asked if I was armed, or had them request my CPL. One time the officer approached from the pasengers side (2 lane with traffic) and he could not possibly have missed visually seeing my carry.
 

911Boss

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Gone... Nutty as squirrel **** around here
CPL return is not automatic when stopped on traffic. It is three separate queries to DOL. One for the vehicle, one for the person, and one for the person's CPL status. Some agencies may have programmed their systems to automatically run for CPL when a person is run, but there is still two separate queries going to the state ACCESS system though and those agencies that automatically check are in the minority in my experience.

While there is registered owner information linked to the vehicle return, there is no CPL info linked to the vehicle as is some states.
 
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hermannr

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Mar 24, 2011
Messages
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Location
Okanogan Highland
CPL return is not automatic when stopped on traffic. It is three separate queries to DOL. One for the vehicle, one for the person, and one for the person's CPL status. Some agencies may have programmed their systems to automatically run for CPL when a person is run, but there is still two separate queries going to the state ACCESS system though and those agencies that automatically check are in the minority in my experience.

While there is registered owner information linked to the vehicle return, there is no CPL info linked to the vehicle as is some states.

That your CPL status would not come back on a vehicle inquiry would make sense, there is a good chance the registered owner is not the driver..could be the resigistered owners relative or friend as easily as it would be the RO.
 
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