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Actually, no. You are required to identify yourself if lawfully arrested or detained. Try reading the link you provided. Nowhere does it require you to produce an ID card of any type. That means you must verbally identify yourself to law enforcement. That's a far cry from having to PROVE who you are with a government issued identification document, which is NOT THE LAW.
I am not going to sit here and rant and argue. Lawfully arrested or detained correct. You need some type of Probable Cause. If the laws up there state no trespassing after a certain time, then there is the PC for the stop / contact. Detained for further investigation. Seems like the Officers were investigating it. Quote the original article : "Early in the morning on Oct. 22, a Saturday, Ms. Zucker, 21, and her friend Alex Fischer, also 21, were stopped by the police in Riverside Park and given tickets for trespassing."
They were ticketed right? Well, I believe you would want a positive ID of the person to put that info in the paper.
Note also that each state and possibly each city/ town/ county can make certain laws regarding identification such as someone mentioned their vagrancy law. I am not saying its right or wrong.. it just is.
You guys arguing this are not very smart. They don't detain you for not having ID, they detain you for not TELLING the police WHO YOU ARE! I will bet any amount of money she refused to tell them who she was because she thought she was a special kind of loud mouthed brat.
thats what the poster said, thusly I told him he'd better contact the powers that be to get that stopped! As for refusing to "tell" someone who they are...and dicey things are happening where you happen to be....then you are getting into other issues that could have you at least taken to the pokey until they find out who you are....but to actually arrest someone and hold them for 36 hours for simply not carrying ID isn't legal in this country YET....plus creating a mark on my perfect legal record of an arrest .....I'd have my lawyers on their butts before the end of the day! I'd be enjoying a nice Parisian vacation on what I easily earned from that lawsuit as well.
Actually, no. You are required to identify yourself if lawfully arrested or detained. Try reading the link you provided. Nowhere does it require you to produce an ID card of any type. That means you must verbally identify yourself to law enforcement. That's a far cry from having to PROVE who you are with a government issued identification document, which is NOT THE LAW.
That's why the judge dismissed the case instantly. Too bad these cops who pull these stunts aren't charged with criminal conduct themselves ... unlawful arrest, to include sanctions and or termination. That would put a stop to this nonsense.
How was it an unlawful arrest? Trespass is an arrestable offense. Officers have the option of detaining and bringing the person before a magistrate, or issuing a citation (promise to appear) and releasing the person. In either case that person has been "arrested". Generally if somebody is trespassing they would receive a citation and be released, but if an officer cannot positively ID the person then it's perfectly lawful and acceptable to detain the person to ensure that they appear in court. If you cannot ID somebody their promise to appear would be predicated on your faith that they are giving you factual information about themselves. If they happen to be lying and don't show up to court, a warrant for their arrest would do no good because the warrant would be for a fictional person.
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She should get herself a good lawyer, and go after these thugs ... clearly, her rights were violated, and she was unlawfully kidnapped and taken hostage without lawful authority to do so.
Clearly you don't know anything about the law or her rights. Your opinion is based on emotion rather than reality. Calling them "thugs" and saying they "unlawfully kidnapped and [took her] hostage without lawful authority" is completely irrational and false.
The 26th Precinct is in Harlem - its physical location is on 126th Street (which is Northern, or Uptown Manhattan). Central booking is in Southern, or Downtown Manhattan. I just Googled the two locations - they're about 8 miles apart.
After being arrested in Uptown Manhattan, she was taken to the local precinct in Harlem, then transferred 8 miles to the Downtown central booking, then taken 8 miles back to Harlem, then taken 8 miles back to Downtown central booking, and then finally released Downtown some 36 hours after she was arrested (with all charges being dropped).
Unbelievable. I would fire these guys for wasting time and gasoline running this woman all over NYC.
That's why the judge dismissed the case instantly. Too bad these cops who pull these stunts aren't charged with criminal conduct themselves ... unlawful arrest, to include sanctions and or termination. That would put a stop to this nonsense.
She should get herself a good lawyer, and go after these thugs ... clearly, her rights were violated, and she was unlawfully kidnapped and taken hostage without lawful authority to do so.
Yes, and if I'm on the jury I would award her damages.
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