Surry Saga (Skidmark) amended to 4/19/11 !!!!

[Jamie]

More like Texas Hold'em.

In some of these locales, I'm thinking it's more like "Go fish."

 

[ixtow]

I've previewed it but I ain't tellin'. :lol:

You suck. I hate you. Die now.

 

[ixtow]

In some of these locales, I'm thinking it's more like "Go fish."

The evidence handling is more like 52 Pick Up....

 

[speed41ae]

The evidence handling is more like 52 Pick Up....

During a wind storm.

 

[Smith45acp]

^ Ha!

I'm dealing with a similar charge in NC. I refused to show ID to some officers while OC'ing in a business that was not posted but apparently has a no weapons policy. I offered to leave upon hearing this news, but that wasn't good enough. I was charged with Resist, Delay, or Obstruct a public officer, since NC doesn't have any "stop and identify" statute.

It's pretty unpleasant even dealing with a minor charge like this. I'd never been arrested or charged with anything outside of traffic court before, so this was an eye opener to how bad it all tastes.

I should know something after my second appearance next month, and will share all the details as soon as the criminal part of this is resolved.

I have a good attorney, but I kinda wish I had someone like 'User' to back me up in case this takes an unexpected turn.

BTW it's all on video camera, including my polite and calm demeanor throughout the encounter

 

[peter nap]

^ Ha!

I'm dealing with a similar charge in NC. I refused to show ID to some officers while OC'ing in a business that was not posted but apparently has a no weapons policy. I offered to leave upon hearing this news, but that wasn't good enough. I was charged with Resist, Delay, or Obstruct a public officer, since NC doesn't have any "stop and identify" statute.

It's pretty unpleasant even dealing with a minor charge like this. I'd never been arrested or charged with anything outside of traffic court before, so this was an eye opener to how bad it all tastes.

I should know something after my second appearance next month, and will share all the details as soon as the criminal part of this is resolved.

I have a good attorney, but I kinda wish I had someone like 'User' to back me up in case this takes an unexpected turn.

BTW it's all on video camera, including my polite and calm demeanor throughout the encounter

I'm sorry to hear that Smith. It's good that you have a decent Lawyer though.
User is one of a kind. Too bad we can't clone him.
Keep us informed of your progress.

 

[wrightme]

^ Ha!

I'm dealing with a similar charge in NC. I refused to show ID to some officers while OC'ing in a business that was not posted but apparently has a no weapons policy. I offered to leave upon hearing this news, but that wasn't good enough. I was charged with Resist, Delay, or Obstruct a public officer, since NC doesn't have any "stop and identify" statute.
It's pretty unpleasant even dealing with a minor charge like this. I'd never been arrested or charged with anything outside of traffic court before, so this was an eye opener to how bad it all tastes.

I should know something after my second appearance next month, and will share all the details as soon as the criminal part of this is resolved.

I have a good attorney, but I kinda wish I had someone like 'User' to back me up in case this takes an unexpected turn.

BTW it's all on video camera, including my polite and calm demeanor throughout the encounter

It is astounding that it even made it past a preliminary hearing. Absent a Stop and ID statute, even providing name isn't required, right?

 

[t33j]

It is astounding that it even made it past a preliminary hearing. Absent a Stop and ID statute, even providing name isn't required, right?

Depends on state and locality.

 

[Grapeshot]

^ Ha!

I'm dealing with a similar charge in NC. I refused to show ID to some officers while OC'ing in a business that was not posted but apparently has a no weapons policy. I offered to leave upon hearing this news, but that wasn't good enough. I was charged with Resist, Delay, or Obstruct a public officer, since NC doesn't have any "stop and identify" statute.

It's pretty unpleasant even dealing with a minor charge like this. I'd never been arrested or charged with anything outside of traffic court before, so this was an eye opener to how bad it all tastes.

I should know something after my second appearance next month, and will share all the details as soon as the criminal part of this is resolved.

I have a good attorney, but I kinda wish I had someone like 'User' to back me up in case this takes an unexpected turn.

BTW it's all on video camera, including my polite and calm demeanor throughout the encounter

Preserve the video documentation at all cost!

That will likely be your salvation.

 

[wrightme]

Depends on state and locality.

The content of the statute does. Without a Stop and ID statute, even name cannot be compelled. WITH a Stop and ID statute, name can be compelled if defined in the statute.

 

[user]

The content of the statute does. Without a Stop and ID statute, even name cannot be compelled. WITH a Stop and ID statute, name can be compelled if defined in the statute.

And even at that, no documentary evidence is required unless there is a specific requirement for it (e.g., while driving, while hunting, etc.) - "Identify yourself" means to give them your true and correct name and address orally.

 

[t33j]

The content of the statute does. Without a Stop and ID statute, even name cannot be compelled. WITH a Stop and ID statute, name can be compelled if defined in the statute.

How is this different from what I said?

Virginia has no stop and ID. Norfolk (et al.) has stop and ID on the books, but VA is a Dillon Rule state. I'm not going to try to analyze whether or not that's legal.

If there's no law compelling someone to stop and provide ID why would you think it's required?

 

[wrightme]

How is this different from what I said?

Virginia has no stop and ID. Norfolk (et al.) has stop and ID on the books, but VA is a Dillon Rule state. I'm not going to try to analyze whether or not that's legal.

If there's no law compelling someone to stop and provide ID why would you think it's required?

Huh? I don't think it IS required. (more to the point, I KNOW it is not required, unless statute defines it).

You stated that "it depends on the state and locality." No, that does not matter. I stated "Absent a Stop and ID statute, LE cannot compel anyone to give their name."

It doesn't matter what state or locality they are in. It that state does not have a Stop and ID statute defining the requirement, NO LE CAN STOP AND COMPEL IDENTIFICATION, verbal or otherwise.

I put that statement in the form of a question.


Conversely, when a state DOES have a Stop and ID statute on the books, LE can stop and require identification as defined in statute. In many cases, failure to identify as specified by statute can result in "Obstruction" charges being pressed. That is what happened in Hiibel.

 

[t33j]

You stated that "it depends on the state and locality." No, that does not matter. I stated "Absent a Stop and ID statute, LE cannot compel anyone to give their name."

It depends on state and locality in as much as some states have stop and ID and some don't. Like I was saying before, Virginia does not have any such law but some localities in Virginia do.

 

[wrightme]

It depends on state and locality in as much as some states have stop and ID and some don't. Like I was saying before, Virginia does not have any such law but some localities in Virginia do.

That was what I had said prior to you stating "state and locality." Like I was saying before you were saying that, "absent Stop and ID statute, LE cannot compel even verbal identification." It doesn't matter where, simply without that statute in the state, it isn't required to identify.

It is astounding that it even made it past a preliminary hearing. Absent a Stop and ID statute, even providing name isn't required, right?

My statement/question "doesn't depend upon state or locality." It depends solely upon whether the state didn't enact a Stop and ID statute.

 

[Grapeshot]

That was what I had said prior to you stating "state and locality." Like I was saying before you were saying that, "absent Stop and ID statute, LE cannot compel even verbal identification." It doesn't matter where, simply without that statute in the state, it isn't required to identify.


My statement/question "doesn't depend upon state or locality." It depends solely upon whether the state didn't enact a Stop and ID statute.

In user's opinion, yes they can after dark in Virginia, but a verbal satisfies the requirement.

I need to save the reference, because I can never find it when I want it.

******************

We are getting way OT and need to restrict this thread to its original intent - Skidmark, Surry, June court date

 

[ixtow]

We are getting way OT and need to restrict this thread to its original intent - Skidmark, Surry, June court date

Until June, it doesn't seem like there is a whole lot to say about that....

 

[Grapeshot]

Have some interesting talking points coming up with Peter Naps anticipated new video.

 

[peter nap]

Until June, it doesn't seem like there is a whole lot to say about that....

Wanna Bet?:lol:

 

[roscoe13]

Until June, it doesn't seem like there is a whole lot to say about that....

That certainly doesn't justify taking the thread off-topic...

Roscoe