what to tell or not to tell police

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I was also threatened with arrest for obstruction for failing to provide my ID.

The law (NRS 171.123) states:

The officer may detain the person pursuant to this section only to ascertain his identity and the suspicious circumstances surrounding his presence abroad. Any person so detained shall identify himself, but may not be compelled to answer any other inquiry of any peace officer.

That of course left open the question of what identifying yourself means. Do I show ID? Do I provide my DOB, SSN, address? What is necessary to identify me?

The Nevada Supreme Court decided this in 2002 during the Hiibel case. The Hiibel case was later sent to the US Supreme Court, which cited the NV Supreme Court decision. That NV Supreme Court decision states the following in regard to NRS 171.123.

The suspect is not required to provide private details about his background, but merely to state his name to an officer when reasonable suspicion exists.

NRS
http://www.leg.state.nv.us/Nrs/NRS-171.html#NRS171Sec123

NV Supreme Court decision
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=nv&vol=118NevAdvOpNo88&invol=2

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These what to say and not to say are great. Thats one reason why I wanted to show up with tim at Boulevard Mall... I need a pro to show me the ropes.

GoDSpeeD

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thats my main reason for popping up at the strip with yall. wanted to see how tim handled things if we did get approached....

but people have to nap i guess

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doninvegas wrote:

Yard Sale wrote:

Lostlittlerobot wrote:

However if you simply don't talk at all, you can't get accused of that =)

Click to expand...

I wish. After remaining silent during a suspicionless detention by Sparks police, the supervisor told me, "I should arrest you for obstruction."

Click to expand...

So did he arrest you or let you go???????
I would just calmly ask him if he was going to detain me,if so may i then call my attorney....

Click to expand...

Not arrested. Eventually told to leave and never come back. (I lived in the neighborhood.) I'm pretty sure he said, "I should arrest you for obstruction" after he told me to "Get the hell out of here" and never come back, but I'll have to check my notes. No need to ask because I already knew I was being detained.

Must be nice to have an attorney. I wish I could afford one to take this goon and his henchmento the cleaners.

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Yard Sale wrote:

doninvegas wrote:

Yard Sale wrote:

Lostlittlerobot wrote:

However if you simply don't talk at all, you can't get accused of that =)

Click to expand...

I wish. After remaining silent during a suspicionless detention by Sparks police, the supervisor told me, "I should arrest you for obstruction."

Click to expand...

So did he arrest you or let you go???????
I would just calmly ask him if he was going to detain me,if so may i then call my attorney....

Click to expand...

Not arrested. Eventually told to leave and never come back. (I lived in the neighborhood.) I'm pretty sure he said, "I should arrest you for obstruction" after he told me to "Get the hell out of here" and never come back, but I'll have to check my notes. No need to ask because I already knew I was being detained.

Must be nice to have an attorney. I wish I could afford one to take this goon and his henchmento the cleaners.

Click to expand...

"But, Officer, I'm not obstructing you. As a matter of fact I'll step over here out of your way. Heck, I'll even go home, right now, so you can do your job without obstruction. The law requires that I do not obstruct, it does Not require that I cooperate; there's a difference. "

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Fallsc.. Fallschr... er, German Paratrooper: Arguing is obstructing!

Actually, I overheard the first officer explain to the supervisor why he detained me and was was handing me off to the supervisor: "being uncooperative" was specifically mentioned.

I have since rigged my truck and my motorcycle with recording systems but I still need to get a voice recorder for when I am away from those microphones.

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.....Yard Sale wrote:

Fallsc.. Fallschr... er, German Paratrooper: Arguing is obstructing!

Actually, I overheard the first officer explain to the supervisor why he detained me and was was handing me off to the supervisor: "being uncooperative" was specifically mentioned.

I have since rigged my truck and my motorcycle with recording systems but I still need to get a voice recorder for when I am away from those microphones.

Click to expand...

Have you seen the new "FLIP cameras.....cool little suckers...and they run about 2.5 hrs... about the size of a cell phone:lol: