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Thread: Law requiring law enforcement to identify to civilian...

  1. #1
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    I'm pretty sure there is an actualNevadaStatute that requires anyone of law enforcement to identify themselves by full name and badge number (or a business card) upon request of a civilian. I just cannot seem to find it for the life of me... Can anyone please help me out?

  2. #2
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    hmmmmmm....... None that I'm aware of. I was always under the impression that was more of a police policy thing, since obviously an undercover officer can't be required to provide said information.



    If it's related to an incident, you can petition the police department for the full write up and record of said incident under the FOIA (Freedom of Information Act).

  3. #3
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    Ahh well that makes complete sense considering I searched for a statute that requires LE identification for about 2 hours and couldn't find it.

    I see your point about undercover LE, but if you are requesting his/her police identification then you already know he/she is LE, and therefore it doesn't do him/her much good to be undercover now does it?

    It makes me uneasy that it is not a law because it's easier for a department to changetheir policythan it is for them to change a law. I think that LE being required by law (or in this case, policy) to identify themselves is a very good thing. It helps remind the few bad cops out there that they are a public servant and they need not overstep their bounds...


    Thanks for clearing that up for me


    Edit: It's not at all related to an incident. I, thankfully, have not had a negative encounter with LE... yet. I just like to be prepared and know my statutes for when it does happen.

  4. #4
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    jrwalker:

    There's nothing within the NV Constitution, NV Revised Statutes (NRS) or NV Administrative Code (NAC) that requires NV "peace officers" to identify themselves by name, badge number, etc. when requested by citizens. However, depending on the officer involved, he or she might comply with the request.

    Typically, the state's only concern (by express statute or policy) is that peace officers communicate their authority as such to citizens, particularly when effectuating an arrest or a search (especially without a warrant) (i.e., they verbally state that they are law enforcement officers or wear uniforms/clothing that say "police," etc. in order to give due notice that they are peace officers).

    For example, here's a statute from Arizona's Revised Statutes (ARS) concerning arrest without a warrant:

    Title 13 - Criminal Code; Chapter 38. Miscellaneous; Article 7. Arrest;
    13-3888. Method of arrest by officer without warrant
    When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest.

    Here's another example from North Carolina's Code (NCC):

    Chapter 15A - Criminal Procedure Act; Article 20. Arrest
    15A-401. Arrest by law-enforcement officer

    . . .
    (c) How Arrest Made.
    . . .
    (2) Upon making an arrest, a law-enforcement officer must:
    a. Identify himself as a law-enforcement officer unless his identity is otherwise apparent,
    b. Inform the arrested person that he is under arrest, and
    c. As promptly as is reasonable under the circumstances, inform the arrested person of the cause of the arrest, unless the cause appears to be evident.
    . . .

    It does not appear that NV has a similar type of provision.

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