KansasKraut wrote:
Hey guys, quick question:
Does one's right not to identify oneself to law enforcement apply across state lines, or do certain states absolutely require that you identify yourself when asked/commanded? I know about the OCer in Racine who just got $10,000 from the city, but was that a precedent-setting decision? What's the deal here in WI?
My understanding (and I'm not a lawyer either) is that civil law does not set legal "precedent" in the context of
stare decisis the same way that criminal/common law does.
In addition there was no "decision" in this case, meaning the judge didn't write out a legal decision, rather there was a judgement in favor of WCI and our co-plaintiff.
My understanding is the "precedent" set by this case is more persuasive in nature. More of an awareness and something noteworthy where other municipalities will see "what happens" when your police officers operate outside their authority.
But you won't see "Wisconsin Carry v Racine" cited in other actual legal cases.