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Due to the recent Akins case, police are now precluded from arresting non-drivers of motor vehicles for failing to produce identification pursuant to A.R.S. §28-1595(C). The subsection states:
A person other than the driver of a motor vehicle who fails or refuses to provide evidence of the person’s identity to a peace officer or a duly authorized agent of a traffic enforcement agency on request, when such officer or agent has reasonable cause to believe the person has committed a violation of this title is guilty of a class 2 misdemeanor. Id.
The Arizona Court of Appeals in Akins held that the term “evidence of identity” in the statute is unconstitutionally vague because it fails to give persons notice of what type of identification is required to avoid arrest under the statute. State v. Akins, 206 Ariz. 113, 75 P.3d 718 (Ariz.App 2003).
This is good news for our passenger or pedestrian clients who are wrongly arrested for failing to produce identification.
Right......how am I to know before hand that an officer is going to demand from me something I am not required to have?
To certain people like this professor, cops are beneath her. In their thinking he probably just has a HS diploma maybe some college. While she has a PhD in some useless field maybe communications or something along those lines. Therefore she is due respect no matter what. Heaven forbid you ever call them by their first name without using "doctor", they'll let you know your error quickly and loudly.
In my personal experience a certain demographic likes to play this card but I'm not one to stereotype.
Criminal Defense Attorney - San Diego, CA
Contributor Level 13
If you are simply going about your business, you generally don't have an obligation to provide identification to a police officer. However, if the officer suspects that you might be involved in some sort of crime he can detain you and ask you to produce ID.
If you are simply going about your business, you generally don't have an obligation to provide identification to a police officer. However, if the officer suspects that you might be involved in some sort of crime he can detain you and ask you to produce ID.
Yeah . . . .
He can ask, then what?
Guess you have to put another quarter in the slot.
Criminal Defense Attorney - San Diego, CA
Contributor Level 13
If you are simply going about your business, you generally don't have an obligation to provide identification to a police officer. However, if the officer suspects that you might be involved in some sort of crime he can detain you and ask you to produce ID.
He can ask you to stand on your head.
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