posted on Sep, 30 2007 @ 01:28 PM
Here is the deal: If a cop has REASONABLE GROUNDS to believe that you are worthy of investigation, then he may ask for your IDENTITY, and even if it
is a situation where he has no real legal right to do so, it is ALWAYS best to tell your name and address, date of birth, if you do not have paper
You will have a hard time convincing a judge that it was reasonable to refuse to identify yourself to a cop. Better to tell him the bare details,
you do NOT have to give a social security number to anyone, but name and address and date of birth are all that is required and needed for him to run
a check if he wishes to do so. But there is NO LAW that requires anyone to produce paper ID UNLESS you are driving. Otherwise merely relating the info
orally is sufficient in all states; it is a Federal decision.
So to avoid unnecessary hassles, give your identity and if driving, all required documents. But you are NEVER required to answer ANY questions, such
as where you are going, or have been, or who you know, etc. You may legally refuse to remain silent and you CANNOT be legally hassled about it. Sure,
the cops will bluster and nadger and hassle, but if you stand firm, they will back off. If they do not, they will be embarrassed in court when your
attorney points out that you were following legal advise never to answer any questions without counsel, and wonder why the cop was hassling you for
exercising your Constitutional rights.
Also, cops CANNOT use your use of your rights against you: it is NOT suspicious, and it does NOT give them ' probable cause ' for ANYTHING
whatsoever. Cops cannot go to court and say: " Well, this guy refused to answer my personal questions and so I hauloed him in for refusing to obey".
No way. The ONLY LAWFUL orders that a cop can give pertain to custody or safety, such as ' put your hands up ' or ' move back '. They cannot tell
us to give up our rights to remain silent just because they are ' conducting an investigation ' or any other excuse. They may get mad, but so
Why should we citizens pay the paychecks of these cops and allow them to insult us and demean us and order us around? What other class of servants
have such temerity and gaul? None. So we should expect cops to never ask us any personal questions, never bother us needlessly, be polite and modest
when dealing with us, and civil. If they did that, they would find a lot more people willing to give them the benefit of the doubt. As for now, they
are bullies and uncouth brutes that Tazer for fun and laugh at the misery they produce.
People who give in to them and allow searches without consent do none of us any favors: It makes the cops think that they should EXPECT us to give
up our rights, and most cops will get offended and angry when you call their bluff; they are spoiled and corrupt because we have tolerated them
abusing us for so long. It is high time that we took a stand, individually, to use our rights and expect cops to stop insulting us by performing
fishing expeditions while we pay them, fishing for an arrest, with no evidence, asking for consent hoping that a weak and eneducated citizen will
assume that they have a right to do so, and they do not.
So never give up and never give in. Tell any cops that are bothering you that you will give ID, and then remain silent. you cannot be charged with a
crime for doing so, and you set an example for others.