Mike wrote:
And I am speaking of the general principle of good faith, not what is spelled out in one particular decision.
In general, if I think what I am doing is lawful, and can reasonably articulate it as so, I am covered. I might make myself seem like a totally ignorant twit in spelling out my reasoning, but I am still covered.
Ok, explain this: if it is not required by law to have identification on you in the state of sky, and you, as a LEO, know this, before I go any further, how long have you been on the force? I ask that because a couple of friends of mine were stopped tonight, just as a casual conversation, and the cop requested ID from them. My male friend didn't have his ID, and the cop sat there and said "in the state of KY, it is required to have some form of identity on you." I happen to overhear that and said, "excuse me, but no it isn't. I have the laws on my phone to prove it." He looked at me in a condescending tone and said, "son, I've been on the force for 35 years, and it has ALWAYS been a law. Now, can I see your ID?" "I looked back at him, asked him, "Am I being detained, or am I free to go?" "You are free to go." I looked back at him and said, "well, in that case, by law, I'm not required to show you ID, you have a nice night." And walked off.