Why is it obviously enough to detain you?
What you're pointing out is the stupidity of the laws set forth by Supreme Court rulings. If a cop walks up to you on the street he can't ask for you ID. Same law applies for driving.
A cop who abuses that power should be punished. Someone at a DUI checkpoint who doesn't provide ID or registration (honestly can we all agree that stupid piece of paper should be abolished, what a waste of money) shouldn't be considered suspicious. Though again as I stated earlier the letter of the law indicates it's up to the cops discretion and there's no recourse for him so why wouldn't he just be a dick?
Stockholm, more densely populated than NYC - sturg
A police officer has every legal right to ask for your license, whether on the street on in your car. Legally you are not required to show it to him, but if you are driving, a license is REQUIRED. And if you do not comply u, that makes you look suspicious. And all a cop needs to detain you is suspicion.
And if you are a cop, why shouldn't someone who refuses to comply with a simple request be considered suspicious.
Last edited by Carp; 07-24-2013 at 09:46 PM.
Most lawyers are jackasses. I'm not saying the kid was wrong, but he was obviously looking for trouble. Now, he had a decent reason to go looking for trouble. I thought his video pointed out some important things (The search dog at the window), but he was being a jackass.
thank you weso1!
No they don't have the legal right to ask for your license.
I was bored and wanted to search for the site I used for my friend a while ago when he was getting harrassed by a cop but found this well put post from yahoo answers.
"The police need probable cause or a reasonable suspicion to stop and ID you.
There is no law requiring you to carry any ID, other than driving.
It is illegal to lie about your ID to police.
In short, if they have to ASK, they have no authority."
Now I know you'll say that you have to have a license to drive but then there's this from a former defense attorney
"Police do not have the right, per se, to check driver's licenses or registrations when the stop is not initiated by a violation. However, where the police have a reasonable suspicion of illegal conduct, even though there is not actual violation of the law they may examine drivers' licenses or registration."
So basically cops can make **** up. They don't have the right ot just check id. Nor do they have the right ot just check if you're insured. Anyone telling you that is a liar. Cops though can easily abuse their powers and make a situation where they can legally do it.
Stockholm, more densely populated than NYC - sturg
That is not true at all. There is no law at all that says police do not have the right to ask for ID. ANYONE can ask for your I.D. There is nothing illegal whatsover about an officer asking for your ID. However, there no one legally required to present an ID either unless you are being detained.
However, if you are driving and they do ask your your ID and you refuse, you are going to come off as suspicious, and at that point they can and most likely will detain you. of you don't like it, take it up with your Congressman.
No, but deliberately being a tool to get a bunch of likes on youtube is what makes you a jackass. He was purposely trying to be uncooperative so he could get get a rise out of the cops to see how they would react so that he could run and upload his video to youtube and say "ZOMG!!! THE POLICE IZZ ABUUZZZING MY RIGHTZZZ!!!
LMAO!
You do realize all DUI checkpoints are advertised in the paper and on the news like at least week before don't you? And they news tells you specifically they will be checking ID's as well as checking to see if you have been drinking Yet this moron makes a clear decision to go there and stir the pot.
That's the thing....right now we have a molehill but if we keep letting them twist the constitution, we're going to have a mountain on our hands before we know it.
If you are driving along legally and minding your own business, there should be no reason why you should have to stop at a DUI checkpoint. The 4th amendment guards you against unreasonable searches and seizures unless there is probable cause. There is no way to tell a cop no at a DUI checkpoint without looking like you're being a jackass. Like Zito said, the cop can just make up whatever he wants. So you denying to give him your ID means you're suspicious, now he has probable cause and can do damn near whatever he pleases. It's an ass backwards rule that basically leaves you without any rights. You have absolutely zero power to protect yourself from a bad cop. You're at the mercy of however big of an A-hole the officer is that you're dealing with.
I don't agree with drunk driving at all but I don't agree with being able to pull everyone over at a DUI checkpoint either. An officer shouldn't be able to just walk up to you on the street an ask you for your ID for no reason. You either give him your ID because you don't want trouble or you tell him no and then he makes up his own probable cause to get it. I mean whats next after this? Are they going to start having sidewalk intoxication checkpoints outside of bars? Are they going to start going door to door and asking people to take a drug test to make sure they aren't on drugs? Because if you tell them you don't want to take a drug test, they will think you're trying to avoid getting caught and now they have probable cause to test you.