imported post
Master Doug Huffman wrote:
And, regardless of what it says in the statute. it must comply with the 4th Amendment. It seems readily apparent, at this point, that demanding someone's name when that someone is standing on his front porch, and having that someone refuse to give his name, is not grounds for a ride to the graybar hotel. Such a ride is actually kind of expensive -- for the cabbie.
Master Doug Huffman wrote:
What gets interesting is what is the "penalty" for refusing to accede to the "demand?" This is in the "commencement of criminal proceedings" chapter of the statutes, so it is not a criminal provision per se.Satisfied by an oral statement without a seizure of papers.
968.24 ...and may demand the name and address of the person
...
And, regardless of what it says in the statute. it must comply with the 4th Amendment. It seems readily apparent, at this point, that demanding someone's name when that someone is standing on his front porch, and having that someone refuse to give his name, is not grounds for a ride to the graybar hotel. Such a ride is actually kind of expensive -- for the cabbie.