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photographing (while open carrying) is not a crime

mzbk2l

Regular Member
Joined
Mar 13, 2007
Messages
425
Location
Superstition Mountain, Arizona, USA
I had to refresh myself on the law... when I first watched the video, I thought he was in violation of the law for not providing his name (I knew you didn't have to provide a physical ID, but I thought name was required). After reading up on Arizona's "stop and identify" statute, however (ARS 13-2412), I found that I was incorrect and he was well within the law by refusing to ID himself.

The text of the statute:
13-2412. Refusing to provide truthful name when lawfully detained; classification

A. It is unlawful for a person, after being advised that the person's refusal to answer is unlawful, to fail or refuse to state the person's true full name on request of a peace officer who has lawfully detained the person based on reasonable suspicion that the person has committed, is committing or is about to commit a crime. A person detained under this section shall state the person's true full name, but shall not be compelled to answer any other inquiry of a peace officer.

B. A person who violates this section is guilty of a class 2 misdemeanor.

Good for him - I hope I do as well if the situation ever arises, although as he noted... it's quite a rarity in AZ. :)
 

FreeInAZ

Regular Member
Joined
Oct 15, 2012
Messages
2,508
Location
Secret Bunker
Even in AZ there are those who get "confused" by people NOT violating the law. I found it funny, LE says "what would you think if people were taking pictures of your house in the middle of the night?" Wish the OCer could have pointed out that he was taking pictures of HIS house. We the people are the owners of all Fed./State/ Local municipal buildings in the end.

Wonder if they roll 15 cops & a helo for a citizen wearing red sneakers too? Yet another legal activity...
 
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Rusty Young Man

Regular Member
Joined
Jun 19, 2013
Messages
1,548
Location
Árida Zona
Because knowledge is power

I had to refresh myself on the law... when I first watched the video, I thought he was in violation of the law for not providing his name (I knew you didn't have to provide a physical ID, but I thought name was required). After reading up on Arizona's "stop and identify" statute, however (ARS 13-2412), I found that I was incorrect and he was well within the law by refusing to ID himself.

mzbk2l, that's what LEOs want.The ignorant citizen will cave to what sounds like law when it comes from someone we've been brainwashed into accepting as an authority figure. Ignorant sheep are obedient sheep...
I remember being detained (unlawfully, mind you) on the highway heading to Phoenix from Tucson. Long story short, I was a passenger, but the patrolman and his backup told us (myself and the other passenger) we had to produce our licenses as well. I asked if I was required to, seeing as I had a vague recollection of needing only to provide my name (if that), and he said that once he had asked, I was required to. We produced them, then they got the consent of the driver to search the vehicle (I knew they couldn't search without consent, but in retrospect, I remember they never did say we were detained) despite me trying to explain to the driver that we had no obligation to.:banghead:
Search conducted, nothing found (obviously, since we're LACs), but left me with a bit of doubt as to the law (which prompted me to read other sections of ARS, since I hadn't yet done that).:(

Before I get chewed out, I want to say that this happened just under a year and a half ago, and I was still quite ignorant about stop and ID, stops, and dealing with police in general. I think I can now handle myself a lot better. As a matter of fact, I believe I did, when I was stopped in the University of Arizona library because UA PD thought I might be carrying a concealed weapon in a belt pocket (those "tactical" pouches that are little more than miniature fanny packs). But that my friends, is another story...:p
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
, LE says "what would you think if people were taking pictures of your house in the middle of the night?"
.

I would have said "hey, good point .. can you the DEA to stop doing that at my house? Thanks super cop, I knew you would agree to help me out der"
 
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