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Held in jail because he refuses to ID himself..

eye95

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Quite correct, given that Martha and Scooter were already known by LE. Any request by LE to those two would have been a mere formality. Therefor no deception would have been necessary.

Not so in this case. His statement, if he gives one, that he is John Doe, and homless could not reasonably be refuted by the authorities absent any fact(s) to prove his statement false. Nice try on the Martha and Scooter angle though, your point on the law is obvious, to me anyway.

My point was not the identification of these two individuals, just that providing false information (which includes fake names and addresses) is grounds for being tried and convicted, even if there turns out to be no prosecutable underlying crime.
 

Gunslinger

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Weird. Trespassing in a parking garage. Wonder what drew the LEOs' attention to him.

I was getting a warrant in Hampton, VA once and the Magistrate disclosed to me that they had a man in jail going on six months for refusal to ID himself. You've got to wonder what they are hiding from when they can stay in jail that long for no reason. And I don't think it's an arbitrary rule, most likely being held officially in contempt of court.

So at what point do you administer justice to a nameless man and cut him loose?

That's a violation of the Speedy Trial Act in VA. John Doe is used if the accused refuses to give his name, but John Doe still has rights.
 

Gunslinger

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When folks are released on bail, it is with the belief that they will return for future proceedings, either because they stand to lose a substantial amount of money or because there is reason to believe that they are upstanding enough to be counted upon--or both. If this man does not identify himself, he has zero chance of coming up with bail money (unless he had it in his pockets at the time of arrest) and does not instill any faith in his willingness to show up for trial.

It is reasonable that he stay in jail until trial.

I only wonder whether he was arrested because of a failure to "cooperate" with police. That would be troubling.

On ninja edit (with the expressed intent of making some posts down there look pretty foolish): Please note that nowhere am I saying that the law causes one to be held for refusing to identify himself. Instead, I am pointing out that releasing someone on bail who remains unidentified is a practical impossibility, not a legal one. RIF, folks. No citation of law is necessary, or even possible, as I am not making a comment on the effect of law. Duh.

State v Hittle comes to mind for UT re speedy trial, although I'm not aware of a statutory tolling. None the less, the Appellate Court in UT doesn't take kindly to violating 6th Amendment rights. I, as posted, know that VA has a 5 month tolling.
 

Gunslinger

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Authorities have identified an inmate held for three weeks in a Utah jail as a missing New Mexico man.

Phillip T. Beavers was arrested July 1 in the Provo Police Department parking garage, about 45 miles south of Salt Lake City. He was ordered held on $1,200 cash bond for three misdemeanor charges of interfering with an investigation, failure to provide information to a police officer and criminal trespass.




The man refused to provide his name to authorities, baffling investigators who have been reaching out to the public and media for help.

On Tuesday afternoon, authorities said the man's brother identified him. Additional details weren't immediately available.
 

OC4me

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Jan 14, 2009
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Northwest Kent County, Michigan
Authorities have identified an inmate held for three weeks in a Utah jail as a missing New Mexico man.

Phillip T. Beavers was arrested July 1 in the Provo Police Department parking garage, about 45 miles south of Salt Lake City. He was ordered held on $1,200 cash bond for three misdemeanor charges of interfering with an investigation, failure to provide information to a police officer and criminal trespass.

The man refused to provide his name to authorities, baffling investigators who have been reaching out to the public and media for help.

On Tuesday afternoon, authorities said the man's brother identified him. Additional details weren't immediately available.

Rats! I was hoping he was some liberal law-professor setting up a civil rights suit.
 

thebigsd

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Quarryville, PA
Authorities have identified an inmate held for three weeks in a Utah jail as a missing New Mexico man.

Phillip T. Beavers was arrested July 1 in the Provo Police Department parking garage, about 45 miles south of Salt Lake City. He was ordered held on $1,200 cash bond for three misdemeanor charges of interfering with an investigation, failure to provide information to a police officer and criminal trespass.




The man refused to provide his name to authorities, baffling investigators who have been reaching out to the public and media for help.

On Tuesday afternoon, authorities said the man's brother identified him. Additional details weren't immediately available.

Well that wasn't very exciting.....still curious to hear why he didn't identify himself.
 

jeeper1

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[/Well that wasn't very exciting.....still curious to hear why he didn't identify himself. QUOTE]
Maybe he was hiding from his wife, ex-wife, alimony or child support payments.
 

skidmark

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Jan 15, 2007
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Valhalla
Might just be he has had some sort of physical or emotional incident that effected his ability to communicate appropriately, or altered his desire to communicate about his identity or his background. Or any of a number of other possibilities.

I'm giving odds that the press will NOT bother to report much more about him now that the identity of John Doe has been solved.

At least we had fun learning about bail and RAS and stop and identify.

stay safe.
 

since9

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Jan 14, 2010
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Location
Colorado Springs, Colorado, USA
LE: Take your best swing, and if you come up empty-handed (no fingerprint or facial mug match), then you've struck out. It's time to leave the batters' box and head for the dugout. Holding someone indefinitely on the possibility of them having done a crime is a GROSS violation of our U.S. Constitution, the individual's civil rights, and the principles upon which our country was founded.

Put simply, "We don't need no stinkin' papers."

I wouldn't be surprised if he's a clean-as-a-whistle retired lawyer working as a plant for the ACLU or some pro-Constitution organization to flush out anti-Constitutional corruption in law enforcement, or at the very least, to be a test case up to the Supreme Court level against which similar future cases can be measured.

ETA: I see he's now been identified.

And:

Rats! I was hoping he was some liberal law-professor setting up a civil rights suit.

Lol, glad to see I wasn't the only one thinking along these lines. :)
 
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