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Arrested for failure to identify

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  • Arrested for failure to identify

    /thread/

    After some research, it would seem that there are apparently places where just failing to ID yourself, even when not detained or arrested you can be arrested.
    Last edited by JustAJ; 05-10-2013, 11:56 AM.

  • #2
    Don't know enough about the specific situation to give you a concise reply. I don't intend to speculate, and I'm certainly not going to MMQB the involved officers.

    Comment


    • #3
      Don't know why they were there. We've arrested people out of their house/off their porch for failing to identify.

      Comment


      • #4
        Back in the day, NJ had a charge "failure to give good account." which is basically if asked your name and you said go pound sand, you were hooked. It'd be nice in some situations, but most will give you a fake name if they have warrants and thats good enough for a hindering charge.
        Being a good street cop is like coming to work in a wet suit and peeing in your pants. It's a nice warm feeling, but you're the only one who knows anything has happened.

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        • #5
          Originally posted by just joe View Post
          Don't know why they were there. We've arrested people out of their house/off their porch for failing to identify.
          So you're saying that if I'm walking down the street and you just decide ou want to know my info I have to give it to you?
          For the cops out there: You are an adult. If you want to write someone, write them. If you don't want to write someone, then don't write them.

          "Jeff, you are the best cop on this board"-Anonymous Post

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          • #6
            Originally posted by jeffIL View Post
            So you're saying that if I'm walking down the street and you just decide ou want to know my info I have to give it to you?
            No, I didn't say that at all and I have no idea how you could come to that conclusion based on the post or my response.

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            • #7
              Originally posted by JustAJ View Post
              /thread/

              After some research, it would seem that there are apparently places where just failing to ID yourself, even when not detained or arrested you can be arrested.
              Are you making a statement or asking a question?

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              • #8
                Pretty chicken schit editing your post. If it was important enough to ask to start with, it should be important enough to leave up as is.

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                • #9
                  Originally posted by sanitizer View Post
                  Are you making a statement or asking a question?
                  Just closing the thread.

                  Originally posted by Chopshopcop View Post
                  Pretty chicken schit editing your post. If it was important enough to ask to start with, it should be important enough to leave up as is.
                  No, the question came up based on a specific situation. In order to answer the question in specific terms, one would have had to MMQB several other officers as PhillipCal pointed out. Not only do I not expect anyone here to do that, I realized after I posted that that was pretty much what I did, hence the edit. But thanks for your constructive criticism.

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                  • #10
                    Your papers please sir.
                    "Watch your thoughts, for they become words.
                    Watch your words, for they become actions.
                    Watch your actions, for they become habits.
                    Watch your habits, for they become character.
                    Watch your character, for it becomes your destiny.”

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                    • #11
                      As usual, TheTick was right on. We call it obstruction of justice in my state.

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                      • #12
                        Originally posted by just joe View Post
                        No, I didn't say that at all and I have no idea how you could come to that conclusion based on the post or my response.
                        At first I read this response and thought it was dickish but went and re-read your post. Guess it isn't. I guess your original post implied that to me since you just said youve arrested people off their porch for failing to identify, without qualifying it with why you were there.
                        For the cops out there: You are an adult. If you want to write someone, write them. If you don't want to write someone, then don't write them.

                        "Jeff, you are the best cop on this board"-Anonymous Post

                        Comment


                        • #13
                          Texas is pretty simple


                          Sec. 38.02. Failure to Identify.
                          (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
                          (b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
                          (1) lawfully arrested the person;
                          (2) lawfully detained the person;

                          Technically by statute, someone who is detained doesn't have to give you a thing.

                          Comment


                          • #14
                            California Penal Code:

                            148.9.
                            (a) Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor.
                            (b) Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any other peace officer defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, upon lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the arresting officer is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer.
                            My comments are my personal opinion and are based on my life experiences and training. They are not to be construed as legal advice in any form as I am not an attorney. Should you act on any of the information I provide in my comments, you do so at your own risk!!

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                            • #15
                              I work in a large, high crime, city and am far too busy to 'just decide I want your info.' If I stop you it is due to reasonable suspicion. You may resemble someone that just committed a robbery, or you may look like a missing person.

                              If you are stopped and refuse to provide ID, at the minimum you will be detained until I can establish that you are not wanted.

                              (common ploy by those that have outstanding warrants='I don't have ID', or 'I don't have to show you ID') There is also a law called 'Obstruction of Law Enforcement.' It would probably apply to the situation discussed.
                              Last edited by Zeitgeist; 05-11-2013, 08:04 PM.
                              Judge me by the enemies I have made----Unknown

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