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Old 05-30-2015, 11:12 AM
 
79,907 posts, read 44,199,011 times
Reputation: 17209

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Quote:
Originally Posted by Roaddog View Post
She was "involved" in a incident, yes she has to give her name, her stupidity got her arrested.
She doesn't. She is not legally required to give her name.

"Stop and identify" statutes are statute laws in the United States that authorize police[1] to legally obtain the identification of someone whom they reasonably suspect has committed a crime. If the person is not reasonably suspected of committing a crime, they are not required to provide identification, even in states with stop and identify statutes.

Stop and identify statutes - Wikipedia, the free encyclopedia

Quote:
She wasn't an innocent bystander she was directly involved. Stupid as all get out. She is not a victim of anything except herself.
Involved in what? Looks to me like name calling perhaps which is hardly illegal.
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Old 05-30-2015, 11:32 AM
 
Location: Iowa, USA
6,542 posts, read 4,094,955 times
Reputation: 3806
Quote:
Originally Posted by O.C. Ogilvy View Post
Maybe the guy shouldn't steal a car.
He didn't. Maybe you should be informed?

Quote:
Originally Posted by GHOSTRIDER AZ View Post
The Black Americans in depressed urban cities have discover civil unrest is going to be the answer. While instead should be joining in with Conservatives on Immigration enforcement and accountability of Gov. to protect American Industry.
What? What does one have to do with the other?

Quote:
Originally Posted by GHOSTRIDER AZ View Post
This women should of handle this like a adult and work with the police over this use. may issue with hard working police can be resolved very easily. If you are wrong, you will go to jail. Everyone has their court day.
The Flip side the police does try to work with local citizens, in every they can. They do not want to arrest everyone. But want tp protect and service for the best interest of the community.
...

Some black kids were pulled over in a Toyota Camery on suspicion of stealing a Honda Civic. Those cops shouldn't be given a badge or a gun. They're too stupid to know how to use them properly.
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Old 05-30-2015, 11:40 AM
 
Location: California
11,466 posts, read 19,351,670 times
Reputation: 12713
Quote:
Originally Posted by pknopp View Post
She doesn't. She is not legally required to give her name.




Involved in what? Looks to me like name calling perhaps which is hardly illegal.
She was involved in a dispute at a school, the police were called and she was accused of throwing something on a persons car, she does have to give her name. she is a victim of her own stupidity and that's it. Watch the video and pay attention, learn what was going on. common sense is your friend.
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Old 05-30-2015, 11:45 AM
 
79,907 posts, read 44,199,011 times
Reputation: 17209
Quote:
Originally Posted by Roaddog View Post
She was involved in a dispute at a school, the police were called and she was accused of throwing something on a persons car, she does have to give her name. she is a victim of her own stupidity and that's it. Watch the video and pay attention, learn what was going on. common sense is your friend.
I posted a link to the laws which trumps your opinion.
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Old 05-30-2015, 12:00 PM
 
17,183 posts, read 22,916,488 times
Reputation: 17478
How about this one?


https://www.youtube.com/watch?v=4oh0...yer_detailpage

Quote:
Barbour was told to exit the vehicle with her hands above her head. Police then shackled them in cuffs right in front of her children. Barbour: "What is wrong? My kids!" Officer: "How old are they?" Barbour: "They're six and eight and ten, nine. What are we doing?" Officer: "Hold on a second, okay?" Barbour: "What is going on? Oh my God, you will terrify my children." Officer: "We got a complaint of a vehicle matching your description and your license plate, waving a gun out the window."
Quote:
The traffic stop was in response to a 911 caller who had told dispatch four black men were waiving a gun out the window of a beige- or tan-colored Toyota.

The problem: Barbour's car is a burgundy red Nissan Maxima.

It wasn't until Barbour's 6-year-old son, Ryan, came out of the car with his hands up too that police realized they had made a mistake. Officer 1: "Do they look young to you?" Officer 2: "They do to me." Officer 1: "Huh?" Officer 2: "They do to me." Officer 1: "Yep, they're young." Officer 1: "Gun down, gun down, gun down!"
They can't tell the difference between tan and burgundy? They can't tell the difference between a Toyota and a Nissan? They can't tell the difference between 4 black men and a woman with children?
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Old 05-30-2015, 01:32 PM
 
9,694 posts, read 7,392,751 times
Reputation: 9931
Quote:
Originally Posted by pknopp View Post
She does not have to give them her name
i think you do have to give them your name or show some id, they can hold you till you do.

I dont know who came up with that idea you dont have to give your name, what you hiding something. like past warrant
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Old 05-30-2015, 01:54 PM
 
79,907 posts, read 44,199,011 times
Reputation: 17209
Quote:
Originally Posted by brownbagg View Post
i think you do have to give them your name or show some id, they can hold you till you do.

I dont know who came up with that idea you dont have to give your name, what you hiding something. like past warrant
"Stop and identify" statutes are statute laws in the United States that authorize police[1] to legally obtain the identification of someone whom they reasonably suspect has committed a crime. If the person is not reasonably suspected of committing a crime, they are not required to provide identification, even in states with stop and identify statutes.

From my above link.

From another.

In Hiibel, the police were investigating a report of a possible crime. They approached Hiibel, who was parked in a car. Hiibel repeatedly refused to give his name, and was subsequently arrested. Nevada had a stop and identify law, which was used to convict him. The Supreme Court determined that these laws are constitutional, so long as they require officers to have reasonable and articulable suspicion of criminal involvement. However, if the person believes that providing their name would be incriminating, it’s possible that fifth amendment protections might still apply. But if police are not investigating and have no reasonable suspicion, then you do not have to give your name.

Do You Have to Tell Police Your Name? | CrimeDime

Now, she asked why they were demanding it. If they had said that after investigating the complaint they believe she damaged another persons car it's possible they could require it, unless as I said and the above link says, it would incriminate her.

That doesn't mean they can't arrest her. If they have reasonable suspicion she was involved in a crime, they can arrest her, finger print her and throw her in jail. She then has a right to a lawyer that will best advise her.

Without an explanation of what crime she is accused of committing and she was asking for that explanation she is under no obligation to give her name.

Another, from a lawyer.

I was at the bar the other night with some friends and we noticed that a couple had gotten into a verbal argument and the staff had asked them to leave. On their way out of the bar, a police officer stopped the male and asked him his name. At first, the guy absolutely refused to talk to the officer at all and wouldn't give his name. At this point, the guy was not being disruptive. Finally, out of the blue, the guy comically said, "I wish to remain silent." I was really surprised by this so I really started paying attention. The officer conducted a brief investigation (i.e. talked to the female and made sure everything was alright), told the couple they were free to go, and they walked out of the bar. The guy never gave his name.

So I said to my group, "I think that situation was handled extremely well." This of course prompted a full blown conversation about civil liberties and officer safety. The main question was: do you have to tell a police officer your name in Texas?

The short answer: NO, as long as you are not under arrest.


Criminal Defense Lawyer in Fort Worth | Do I have to give a police officer my name?

Now, did she handle this poorly? She did. She should have simply asked if she was being detained and if not, if she is free to leave and then left.
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Old 05-30-2015, 03:18 PM
 
Location: Florida
33,571 posts, read 18,161,091 times
Reputation: 15546
She had an attitude and was very militant.. all she had to do was give her last name... she wanted to create a scene. When an officer asks for your name give it to them and show respect. She has a problem with the authority of a police officer. She went off .

I don't have to give you my name.. not a good way to answer an officer.

The other woman in the incident told the officer she threw something at her car. She didn't want to give her name shows guilt.
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Old 05-30-2015, 04:29 PM
 
8,061 posts, read 4,885,782 times
Reputation: 2460
Quote:
Originally Posted by TheDusty View Post
He didn't. Maybe you should be informed?



What? What does one have to do with the other?


This has everything to do with the issue. If we had real jobs in the urban city center people in general would not be so Militant toward Law enforcement. Plus this women was wrong and should of embraced the opportunity to provide law enforcement basic information. she brought it upon herself.
...

Some black kids were pulled over in a Toyota Camery on suspicion of stealing a Honda Civic. Those cops shouldn't be given a badge or a gun. They're too stupid to know how to use them properly.
If there was a report there was a stolen Civic that fit that Description they has problem cause. All of the youths had to do is had to do is show and DL and Insurance. Plus if they were driving impaired may be anther issue.
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Old 05-30-2015, 04:41 PM
 
79,907 posts, read 44,199,011 times
Reputation: 17209
Quote:
Originally Posted by GHOSTRIDER AZ View Post
If there was a report there was a stolen Civic that fit that Description they has problem cause. All of the youths had to do is had to do is show and DL and Insurance. Plus if they were driving impaired may be anther issue.
I think this is many times done on purpose. They know this group of people had absolutely nothing to do with the car theft but they use it as an excuse to stop others in the hope that they get lucky and find something else.
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