imported post
A cop is investigating a non-violent crime. Investigating officer know's the BG's name,clues lead him to an address which happens to be a retail store. Cop walks into store, see's an employee and ask, "Are you Joe Smith" BG: yes, Cop: Show me some ID.
My answer would vary by context and totality, but it would depend greatly on whether or notI wasthe party the cop was asking about.
Y: "Why do you ask?"
C: "I'm asking the questions"
Y: "No, I am. Let me see your photoID please, and a business card if you have one"
C: "I don't need to show you identification, now are you Joe Smith?"
Y: "I'm not answering any questions, have a nice day."
At this point, the LEO will forcibly detain me with almost certainty.
If the LEO knows your name and is asking youto verify your identity, they're not asking because you might be a winner, and the LEO most certainly isn't Ed McMahon on the prize patrol. Likely you've been fingeredin a complaint, property of yours has been used or recovered, perhaps in the commission of a crime, there's a warrant for your arrest or a next of kin injured or killed and you're being notified. If it's for a warrant, or investigation and you are a person of interest (translated to citizen language - one and only suspect) they're going to answer "Why?" evasively. Their next statement will probably be a "non" answer.
Watch the cop's eyes, facial expression and listen to their tone of voice, inflection and body language. If they avert your gaze, get quieter while they talk, actfidgety inany way, these are tell tale signs of lying. Some LEOs are very good at this and don't offer tells. Excessive bravado (bravada, as appropriate) is also an indicator along with conversational deflection. They'll attempt to redirect the conversation to another track or train of thought. That wouldn't be lying, just deception.
Confessions and admissions make the Commonwealth's burden of proving guilt beyond a reasonable doubt much easier. As the chief investigators of crime for the Commonwealth LEOs are exposed to methods to make you "feel like talking", engaging you in conversation, small talk, to get you to reveal as much information as they can reasonably get. This is passive intelligence gathering. They're not holding you, but they are investigating you. Small talk about your gun, or attempting to get you to perhaps reveal some information about possible misdeeds? Are being played by good cop / bad cop? "there was one cop who was really cool, and we were talking about guns" - what was the other cop doing? Running your ID for background? looking under your car for secret compartments, spotlighting your interior for 'plain, obvious view contraband'?
Generally speaking, any conversation beyond "hello" is not in the citizen's interest to continue. That is, unless you are truly skilled in the art of interrogation, non answering, evading direct questions and the like.
Remember, it's perfectly legal for cops to lie to you, but a crime for you to lie to them.
"Are you Joe Smith" is a consensual encounter that the citizen need not participate in and they need not even acknowledge the existence of the LEO, much less speak with them. However, if they suspect that you are, in fact, Joe Smith I believe they can initiate an investigative detention under 4A. They may seek out customers and other employees to ask them if they know you are Joe Smith. The problem here is that once you're being detained, your flightis an arrestable offense. Once you're in the chain of custody, your chance to flee is significantly curtailed. "JoeSmith was just by the dressing room... 1, maybe 2 minutes ago, they're about 50 feet toward the rear of the store and to the left"... :uhoh:
