
edit on 12-7-2012 by GoldenRuled because: (no reason given)
A Florida man was repeatedly tased by police officers and arrested for refusing to identify himself, but instead of apologizing, the Casselberry Police Department insisted it would use footage of the incident for training purposes.
The video begins with police accusing Zikomo Peurifoy of jaywalking before they demand to see his identification.
The officer is asked by Peurifoy what statute requires that he show his ID, to which he responds, “Give me your ID or you’re going to go to jail.”
When Peurifoy refuses, two officers grab him while the man warns he will press charges for assault because he has committed no crime. Requests for a supervisor to be called are ignored.
After cops attempt to handcuff Peurifoy, he resists before a taser is used repeatedly while Peurifoy yells, “You are assaulting me.”
Peurifoy still manages to escape the clutches of police before he is repeatedly tased again before he finally falls to the ground and is arrested.
Far from apologizing for the incident, which appears to clearly show cops over-reacting, the Casselberry Police Department defended the actions of police and told WFTV, “That their officers followed policy so well that they’re going to use the video for training.”
Peurifoy faces charges of “resisting with violence and battery on a law enforcement officer,” despite the fact that the video shows Peurifoy did not attack any of the officers at any point during the confrontation.
The guy said "if there is no victim to the crime then.." so he admits he committed a crime and will not identify himself ?
When do I have to show police my ID? This is a tricky issue.
As a general principle, citizens who are minding their own business are not obligated to "show their papers" to police. In fact, there is no law requiring citizens to carry identification of any kind. Nonetheless, carrying an ID is generally required if you’re driving a vehicle or a passenger on a commercial airline. These requirements have been upheld on the premise that individuals who prefer not to carry ID can choose not to drive or fly.
Clip from the DVD, 10 Rules for Dealing with Police From here, ID laws only get more complicated. In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to disclose their identity to police when officers have reasonable suspicion to believe criminal activity may be taking place.
Commonly known as "stop-and-identify" statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves. As of 2008, 24 states had stop-and-identify laws. Regardless of your state's law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you're involved in criminal activity.
But how can you tell if an officer asking you to identify yourself has reasonable suspicion? Remember, police need reasonable suspicion to detain you. One way to tell if they have reasonable suspicion is to determine if you're free to go. You could do this by saying "Excuse me officer. Are you detaining me, or am I free to go?" If the officer says you’re free to go, leave immediately and refrain from answering any additional questions. If you're detained, you'll have to decide whether withholding your identity is worth the possibility of arrest or a prolonged detention. In cases of mistaken identity, revealing who you are might help to resolve the situation quickly. On the other hand, if you're on parole in California, for example, revealing your identity could lead to a legal search. Knowing your state's laws can help you make the best choice.
Keep in mind that the officer's decision to detain you will not always hold up in court. Reasonable suspicion is a vague evidentiary standard, which lends itself to mistakes on the officer's part. If you're searched or arrested following an officer's ID request, always contact an attorney to discuss the incident and explore your legal options.