[lbo-talk] Black scholar arrest angers Obama

shag carpet bomb shag at cleandraws.com
Wed Aug 5 15:29:58 PDT 2009


At 11:44 PM 8/4/2009, Jordan Hayes wrote:
>Left-Wing Wacko writes:
>
>>it is stupid to refuse to provide ID to an officer
>
>It is not STUPID. It is UNLAWFUL!

people don't always know exactly what the law is, of course, since there are millions of them. meanwhile, the ACLU advises that you have no obligation to tell officers your name unless you are being properly detained OR unless you are in a vehicle.

If failing to provide ID was basis for arrest, he would have been arrested for *that*. Instead, the officer led Gates outside of his home, and then arrested him on disorderly.

It was a "proper" arrest for disorderly order in so far as disorderly conduct is so broadly defined as to be meaningless.

Gates was not properly detained while inside his home. he had no obligation at that time to show his ID. The officer, on the other hand, did.

from the ACLU:

2. You must show your driver's license and registration when stopped in a car. Otherwise, you don't have to answer any questions if you are detained or arrested, with one important exception. The police may ask for your name if you have been properly detained, and you can be arrested in some states for refusing to give it. If you reasonably fear that your name is incriminating, you can claim the right to remain silent, which may be a defense in case you are arrested anyway.

IN YOUR HOME

1. If the police knock and ask to enter your home, you don't have to admit them unless they have a warrant signed by a judge.

2. However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant.

3. If you are arrested, the police can search you and the area close by. If you are in a building, "close by" usually means just the room you are in.

We all recognize the need for effective law enforcement, but we should also understand our own rights and responsibilities -- especially in our relationships with the police. Everyone, including minors, has the right to courteous and respectful police treatment.

If your rights are violated, don't try to deal with the situation at the scene. You can discuss the matter with an attorney afterwards, or file a complaint with the Internal Affairs or Civilian Complaint Board.



More information about the lbo-talk mailing list