General Discussion
In reply to the discussion: Teenager Alerts Police That They Left Their Brights on -- 5 Minutes Later They Shoot Him Dead [View all]WinkyDink
(51,311 posts)When Can a Law Enforcement Officer Stop Someone?
Before a police officer can properly stop a person and ask for identification, the officer must have a reasonable, articulable suspicion that a crime has occurred or is about to occur.
This means the officer must be able to state facts and circumstances that would lead a reasonable person to believe that a crime occurred or will soon.
For example, if an officer observes a car driving lawfully in the early morning hours, those facts alone are not sufficient to indicate that a crime occurred, and the officer could not properly stop the vehicle.
On the other hand, if the officer had information that a car of the same color, make and model, and with the same number of occupants, just left the scene of a near-by crime, the officer would have specific facts suggesting that a crime occurred involving the occupants of the car and could lawfully stop the vehicle.
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A number of defenses are commonly raised by those charged with failure to identify to a police officer.
(First) The law enforcement officer improperly stopped the defendant
As previously discussed, a law enforcement officer must have reasonable, articulable suspicion that a crime has occurred or is about to occur. If the law enforcement officer stops the defendant without a reasonable belief that a crime has occurred, the prosecutor cannot use the defendants refusal to answer as evidence of failure to identify to a police officer.
http://www.criminaldefenselawyer.com/crime-penalties/federal/Failure-identify-police-officer.htm
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I UNDERSTAND that being legally in the right didn't help this young man. I UNDERSTAND that some would argue that "common sense" would mean obeying the cop to keep safe. I UNDERSTAND that some would shrug and say "What's the big deal? Just give your ID, license, and registration, man!"
BUT ALL WE HAVE IS THE LAW. And if we continue to allow cops to make up laws on the spot and then lethally enforce them if we do not "obey," we INVITE OUR OPPRESSION.
And will thoroughly deserve it.