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MANDATORY self-identification; refusal is class 1 misdemeanor!

Jonesy

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Nah that's standard wording. If a guy is standing in front of a store window with a brick in his raised hand... that's "about to commit a crime," IMHO at least. :)

TFred

I must respectfully disagree. Holding a brick near a window in a raised hand is not a crime, nor can you necessarily say the one holding it will or intends to throw it. Is about to commit is overly broad language, it gives the cop way too much discretion. But the US Supremes have allowed such in Terry, and unfortunately we are stuck with it.
 
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NovaCop

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I must respectfully disagree. Holding a brick near a window in a raised hand is not a crime, nor can you necessarily say the one holding it will or intends to throw it. Is about to commit is overly broad language, it gives the cop way too much discretion. But the US Supremes have allowed such in Terry, and unfortunately we are stuck with it.

I will agree with TFred and Citizen. Having a brick in a raised hand towards a business window might not be a crime, nor could you be charged with such, but I think it would be REASONABLE enough for an officer to believe you intend on throwing the brick and conduct an investigatory seizure (Terry). How about this... you switch "business window" with your own head. Would you wait until he threw the brick to draw your gun? I surely hope not.

This is the first time I got wind about this new law proposal. I would not describe this proposed law as being a "stop and identify" law. I would describe it more as being a "identify after a legal detention" law, which is a huge difference. I think we all know that legally a LEO can't Terry Stop (seizure, arrest, whatever you wanna call it) based on just the mere fact that he or she is open carrying. Therefore, this law (if passed) won't have much of an effect on open carrying. The only time it will come into play is if a complaining witness calls in a MWAG call and exaggerates the facts enough for the officers to "Terry stop" the open carrier and they want to know his identification. It won't affect the outcome of any charges being placed if identification is provided.

XDM, I will disagree that many LEOs will not understand the law and that they will then abuse the law. It's not a very complex law, it merely adds the "identify yourself during Terry" part. The law clearly states that a legal Terry detention must occur first, so I don't see how an officer could not understand and then use it to abuse their power. There are already laws in place to determine what is a legal detention and lawsuits have filled pockets.

I think we need to really look into why this law was created. IMO it is a measure to stop actual guilty persons from remaining silent during a Terry stop then leaving the scene, only to have the officers learn later, that person is perceived as being guilty. Now the LEO has no information on who was stopped and difficult to catch them. This actually occurs a lot, especially with the new age of surveillance cameras. Now the question is, do citizens believe it is important enough to give up the freedom of remaining silent if they are lawfully detained in an effort to hold more criminals accountable?
 
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nuc65

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... The only time it will come into play is if a complaining witness calls in a MWAG call and exaggerates the facts enough for the officers to "Terry stop" the open carrier and they want to know his identification....

I think I must disagree with this, a complaining witness absent the witnessing officer does not a RAS or PC make without the elements of a crime.
 

KBCraig

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Most states have similar statutes that allow police to demand someone's name, maybe date of birth, and possibly their address, during a valid "investigatory detention" (AKA, "Terry stop", generally speaking). Authority to "demand identification" doesn't necessarily impose any duty to reply or respond, though.

On the other hand, "failure to identify" is usually only applicable in the case of a full custodial arrest, where the police have cause to seize the person and take him to jail. In that case, court rulings support their authority to both demand and verify actual identity. Even then, there is no authority to demand an identification card, because there is no requirement that any American citizen carry such a card within the country. Laws may require the suspect to provide "identifying information", such as name, address, and date of birth, but that's about it.
 

All American Nightmare

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I will agree with TFred and Citizen. Having a brick in a raised hand towards a business window might not be a crime, nor could you be charged with such, but I think it would be REASONABLE enough for an officer to believe you intend on throwing the brick and conduct an investigatory seizure (Terry). How about this... you switch "business window" with your own head. Would you wait until he threw the brick to draw your gun? I surely hope not.

This is the first time I got wind about this new law proposal. I would not describe this proposed law as being a "stop and identify" law. I would describe it more as being a "identify after a legal detention" law, which is a huge difference. I think we all know that legally a LEO can't Terry Stop (seizure, arrest, whatever you wanna call it) based on just the mere fact that he or she is open carrying. Therefore, this law (if passed) won't have much of an effect on open carrying. The only time it will come into play is if a complaining witness calls in a MWAG call and exaggerates the facts enough for the officers to "Terry stop" the open carrier and they want to know his identification. It won't affect the outcome of any charges being placed if identification is provided.

XDM, I will disagree that many LEOs will not understand the law and that they will then abuse the law. It's not a very complex law, it merely adds the "identify yourself during Terry" part. The law clearly states that a legal Terry detention must occur first, so I don't see how an officer could not understand and then use it to abuse their power. There are already laws in place to determine what is a legal detention and lawsuits have filled pockets.

I think we need to really look into why this law was created. IMO it is a measure to stop actual guilty persons from remaining silent during a Terry stop then leaving the scene, only to have the officers learn later, that person is perceived as being guilty. Now the LEO has no information on who was stopped and difficult to catch them. This actually occurs a lot, especially with the new age of surveillance cameras. Now the question is, do citizens believe it is important enough to give up the freedom of remaining silent if they are lawfully detained in an effort to hold more criminals accountable?


1. Where does it say the word Terry in the bill or even Terry stop?
2. When did it become unlawful to remain silent during a stop of any kind unless charged with a crime?
3. It does not state how you must ID yourself.
4. So if you took a picture of youself and said yep thats me you have just ID yourself.
5. Does it even matter that the LEOS have saw nothing for RAS?
6. Why is it that LEOS will threaten 18.2-460 if you refuse to show ID during a OC terry stop encounter?
7. Why would LEOS want to see ID if they saw nothing that gives them RAS? (Walking down the street while OCing is not RAS?)
8. Tell that to Skidmark
While LEOS may understand this possibe bill they will lie or not tell the whole truth about what it says to try and force you to show ID. The abuse of power comes from were LEOS would not state the whole bill (not a law yet). LEOS can lie about anything in the course of there duties (SCOTUS) I am not willing to give up any more freedoms than have already been taken from me. This bill is trying to chip away the bill of rights. If this bill is forcing us to give up the right to remain silent how is this bill constitutional?
 
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NovaCop

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I think I must disagree with this, a complaining witness absent the witnessing officer does not a RAS or PC make without the elements of a crime.

A complaining witness's words alone do not give RAS? Am I understanding what you said correctly? The majority of investigations start because of a complaining witness. LEOs can't observe everything.
 

vt357

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Now the question is, do citizens believe it is important enough to give up the freedom of remaining silent if they are lawfully detained in an effort to hold more criminals accountable?

It's one thing to ask people to voluntarily give up their right to remain silent (they can always decline). It is something entirely different to demand under penalty of law that they give it up. The answer to the question is - it's a personal choice, not one to be made by the collective.
 

NovaCop

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1. Where does it say the word Terry in the bill or even Terry stop?
2. When did it become unlawful to remain silent during a stop of any kind unless charged with a crime?
3. It does not state how you must ID yourself.
4. So if you took a picture of youself and said yep thats me you have just ID yourself.
5. Does it even matter that the LEOS have saw nothing for RAS?
6. Why is it that LEOS will threaten 18.2-460 if you refuse to show ID during a OC terry stop encounter?
7. Why would LEOS want to see ID if they saw nothing that gives them RAS? (Walking down the street while OCing is not RAS?)
8. Tell that to Skidmark
While LEOS may understand this possibe bill they will lie or not tell the whole truth about what it says to try and force you to show ID. The abuse of power comes from were LEOS would not state the whole bill (not a law yet). LEOS can lie about anything in the course of there duties (SCOTUS) I am not willing to give up any more freedoms than have already been taken from me. This bill is trying to chip away the bill of rights. If this bill is forcing us to give up the right to remain silent how is this bill constitutional?

1. RAS that someone being lawfully detained because they are about to, are, are have committed a crime? The bill pretty much gave the definition of Terry. I didn't even think that was debated.
2. The 5th Amendment covers self incrimination. However, identifying yourself would not be considered incriminating statements. If that was the case, Miranda warnings would have to be used prior to asking someone for their basic information, which it obviously isn't the case. You must provide your name/information to be released on a summons, right? You must provide your identifying information to the other party during an accident? Right? You must testify in court if you get a subpeona as a witness. You must provide license if driving..you must provide CHP if CCing..etc etc. I think clearly identifying yourself is not covered under the 5th Amendment because it's not self incriminating statements.
3. Agreed. I stated that the bill needs to include the "how" part.
4. Identifying a picture of yourself? Kinda childish statement, but then again see #3.
5. LEOs saw nothing for RAS? The bill doesn't say anything about if the LEO has to witness the act. What if an officer heard gunshots, smelled gun powder, saw a man shot, then saw another man get into a car? Since the LEO didn't see the man actual shoot, that means he can't be stopped? Silly again. RAS is RAS. It has been around for a long time and I think we all pretty much understand the concept.
6. LEOs will threaten to use 18.2-460 to someone merely OCing? That is your opinion. Can you provide examples? I have never seen it. That would be illegal and the LEO would be held accountable. That isn't even close to 18.2-460 let alone a RAS detention. Anti-LEO bias.
7. What are you talking about? Did you clearly read the bill. It states after RAS was established and after a LEGAL DETENTION OCCURRED. Your number 7 response doesn't make sense.
8. Skidmark? I wasn't there, I have no idea what happened. I didn't make a judgement either way. Skidmark was never detained anyway, was he? Was he forced to provide his information? Was he charged with obstruction for not doing so? I don't understand how you can bring that situation into this thread.

You state LEOs will lie and/or not tell the whole truth. You show that your ignorant with your posts and anti-government bias prevails. I don't group all OCers as a group and label them as such.
 
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skidmark

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NovaCop

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skidmark

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With respect, I wasn't there and I don't know you. I don't make any assumptions about what occurred. I have not read a police report or saw your case go before a judge. I have only heard your side of what occurred. I have not commented on your incident because I withhold judgement on things I know nothing about. I did not bring you up, he did.

Not asking you to make any judgements. And I appreciate your stand. Just answering the three questions you posed:

1) Skidmark was never detained anyway, was he?

2) Was he forced to provide his information?

3) Was he charged with obstruction for not doing so?

In short, Yes, Yes, and Yes.

stay safe.
 

NovaCop

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Not asking you to make any judgements. And I appreciate your stand. Just answering the three questions you posed:

1) Skidmark was never detained anyway, was he?

2) Was he forced to provide his information?

3) Was he charged with obstruction for not doing so?

In short, Yes, Yes, and Yes.

stay safe.

I must have misunderstood what was stated about your incident, to which I apologize. I wish you the best, especially if you were wronged and I hope everyone is held accountable.
 

riverrat10k

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Novacop

I also was not present at the "incidents" but I was at the so-called trial. The plaintiffs willfully or negligently destroyed possibly exculpatory evidence, plaintiffs willfully or negligently failed to provide documentation requested by the court and the defense, and were generally unprepared to try the case. Despite calls for immediate dismissal due to these facts, the Commonwealth's Attorney was rewarded with a continuance thereby throwing additional costs on the accused.

The charge reads "obstruction of justice without force" sworn out by one of the responding deputies.

Correct me, anybody, if I am wrong, but I believe one thing the defense requested and did not get, or received very close to trial date, was the original sworn complaint. I was having trouble hearing in court (no microphones) so, if I am mistaken, please advise and I will remove this paragraph.
 

NovaCop

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I also was not present at the "incidents" but I was at the so-called trial. The plaintiffs willfully or negligently destroyed possibly exculpatory evidence, plaintiffs willfully or negligently failed to provide documentation requested by the court and the defense, and were generally unprepared to try the case. Despite calls for immediate dismissal due to these facts, the Commonwealth's Attorney was rewarded with a continuance thereby throwing additional costs on the accused.

The charge reads "obstruction of justice without force" sworn out by one of the responding deputies.

Correct me, anybody, if I am wrong, but I believe one thing the defense requested and did not get, or received very close to trial date, was the original sworn complaint. I was having trouble hearing in court (no microphones) so, if I am mistaken, please advise and I will remove this paragraph.

So you did not hear any testimony yet? You did not see any evidence yet? You merely heard opening arguments regarding a few motions and the date was continued? Correct me if I am wrong. You might be someone who formulates a quick opinion, but I do not. I would like to learn more about a situation before making my own decision on the topic.

This thread really has nothing to do with Skidmark and his predicament. I wish we could stay on topic for once.
 
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peter nap

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I also was not present at the "incidents" but I was at the so-called trial. The plaintiffs willfully or negligently destroyed possibly exculpatory evidence, plaintiffs willfully or negligently failed to provide documentation requested by the court and the defense, and were generally unprepared to try the case. Despite calls for immediate dismissal due to these facts, the Commonwealth's Attorney was rewarded with a continuance thereby throwing additional costs on the accused.

The charge reads "obstruction of justice without force" sworn out by one of the responding deputies.

Correct me, anybody, if I am wrong, but I believe one thing the defense requested and did not get, or received very close to trial date, was the original sworn complaint. I was having trouble hearing in court (no microphones) so, if I am mistaken, please advise and I will remove this paragraph.

Now you know why I have him on IGNORE Riverrat. He's like a scratched record. He just keeps repeating the same tune.
 

Grapeshot

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So you did not hear any testimony yet? You did not see any evidence yet? You merely heard opening arguments regarding a few motions and the date was continued? Correct me if I am wrong. You might be someone who formulates a quick opinion, but I do not. I would like to learn more about a situation before making my own decision on the topic.

This thread really has nothing to do with Skidmark and his predicament. I wish we could stay on topic for once.

This thread has much to do with Skidmark and the abuses that can and do occur as in this case. One of the charges is directly tied to illegal demand to produce ID beyond what is required. We are very much OT and not for the 1st time either.
 

riverrat10k

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This fish will not rise to the bait. Back OT

A citizen should not have to identify himself in any way as long as he is not breaking any law or if there is no RAS of some other sort. I think this proposal is too vague and would give LEA's another "law" that is easily abused to the detriment of our 4th and 5th amendment rights.
 

riverrat10k

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In the audio clip from Maine I posted on page one of this thread....

...in the comments area the guy posted that in a previous OC incident he provided all his info. He was charged, went to court, and had it dismissed. Cost him $1500 in attorney fees and $3000 in lost wages, so he says.

In this second incident (audio), he was apparently never identified, never charged, and was free to go.

I know how I would rather have it.
 
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