This needs to be slapped down hard!
We do not have a stop-and-identify statute at the state level. We do not need one.
And even if some politician who wanted police support for political reasons at the expense of what is left of Rights couldwrongly persuade others that it was justified,we damned sure don't need a statutethat is a freaking Class One misdemeanor.
I hope Mike and the Fairfax Co Privacy Council are on this.
The effect of this heavily onerous because no citizen will be able to know for sure whether the LEO has genuine RAS for detention. Deciding whether RAS exists is in the court's realm, which means it cannot be decided until after
the detention. If the citizen, during the detention, guesses wrong about whether the cop has genuine RAS and refuses to identify, the citizen is in trouble. And, even if the citizen is right, it isn't going to get sorted out until he goes to trial on the Class One misdemeanor charge for failing to identify. You know the police are going to charge it, thinking they have RAS, or willing to push the envelope, or just using the old "arrest him, let the judge sort it out" approach.
The upshot is that everybody will have to identify themselves to the cops just to play it safe.The only recourse will be "charges dropped"or a 5A (right against self-incrimination) lawsuit for a rights violation if the cops don't charge the failure to identify. And we know how many people can afford to follow up witha lawsuit just to win next to nothing.
This is tantamount, literally, to saying everyone--every single person--has to identify themselves to an LEO upon request.
Bad, bad, bad, bad idea, fellas. We need to get this one batted down hard.