Failure to ID (Read 26373 times)

Funtimes

Re: Failure to ID
« Reply #40 on: February 24, 2014, 10:39:03 AM »
That's the biggest problem, as I see it. People aren't aware what protections they're entitled to under the Constitution, and state or federal law.
This is something we used to learn in civics class, but that's something the schools have deemed a "waste of time".
Hence, our children are told "just do what the nice policeman says, and you won't get into trouble".
Nothing could be further from the truth.

When we were setting up for a traffic checkpoint case, I thought it was really interesting to learn about why Hawaii doesn't authorize individuals to be brought out of the car for every offense.  In most other states, it seems that "officer safety" was the only requirement and you could have a person step out of the car.  In Hawaii, they need RAS to get you out of a vehicle, so it has to be something way more concrete!
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Posts are not legal advice & are my own, unless said so.

Darmok and Jalad @Tanagra

Re: Failure to ID
« Reply #41 on: February 24, 2014, 10:43:20 AM »
Many people may not be aware, but Hawaii has some of the strongest fourth amendment protections in the entire country.

Unfortunately, I've had more than one friend or coworker tell stories about Hawaii COPs with egos and attitudes.  When you state what your rights are, the COPs often lie straight to your face and try to tell you the exact opposite.  Then they get very angry because you insist that you have a right that keeps them from forcing you to comply.

Case in point:  COPs were called because my buddy followed the lady that opened her car door on his BMW to her house and asked for her insurance info and driver's license.  After he left, a neighbor of hers told her to call the police and report him for threatening her.  Of course, the threatening report was a lie, otherwise the COPs would have just arrested him when they came to his house.  The COPs talked to him in the front yard outside his house.  At some point, after he denied the allegations, the COPs said they were going to arrest him if he bothers her again.  He told them if they come back, they need to bring a warrant, or he'd have them arrested for trespassing.  One COP got really irate, saying he could come on his property any time he wants and there's nothing my friend could do to stop him, warrant or no warrant.

That's just one story of many.  COPs are being trained to use force to make us comply with their orders, regardless of how benign our noncompliance is.  Plenty of video evidence out there on how people are being forced to comply, even killed, when the situation could have been resolved more peacefully without any bloodshed. 

I'm seeing too much evidence of a police state, where compliance is mandatory regardless of your rights, and the consequences are "shoot first, ask questions later."  I'm sure that isn't the majority of LE, but how do you really know if you've met such a COP until it's too late?  I've invested in a dash cam that can record audio & video of the road ahead and the inside of the car.  If I get pulled over, you can bet that lens will be pointed at my driver side window!
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

edster48

Re: Failure to ID
« Reply #42 on: February 24, 2014, 10:51:40 AM »
When we were setting up for a traffic checkpoint case, I thought it was really interesting to learn about why Hawaii doesn't authorize individuals to be brought out of the car for every offense.  In most other states, it seems that "officer safety" was the only requirement and you could have a person step out of the car.  In Hawaii, they need RAS to get you out of a vehicle, so it has to be something way more concrete!

OK, here's my opportunity to learn something! I've never been asked to step out of my vehicle before, so I don't know this.
What do you mean by RAS?
What do you mean by more concrete? Please give an example! I'm not a lawyer, and I try to be well informed, the myriad laws we have tend to make this difficult.
Thanks!
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

Funtimes

Re: Failure to ID
« Reply #43 on: February 24, 2014, 11:05:09 AM »
OK, here's my opportunity to learn something! I've never been asked to step out of my vehicle before, so I don't know this.
What do you mean by RAS?
What do you mean by more concrete? Please give an example! I'm not a lawyer, and I try to be well informed, the myriad laws we have tend to make this difficult.
Thanks!

You can go to most youtube videos, and you may see the officer pull the individual over and then ask them to "step out to the side,"  "Come hang out around the back,"  or "sit on the hood" etc.   The thought here is that with the officer being able to completely see the individual they can't grab for anything that isn't on them.  They also can't hide evidence while they are sitting in the car.  In Hawaii, this practice was ruled on after an individual moved to suppress a traffic stop where he turned his vehicle around prior to a sobriety checkpoint  and was followed where a traffic stop was initiated.

RAS is "Reasonable Articulable Suspicion";  it is essentially the Officer's ability to articulate (state, like verbally) why he is asking you do something or why that they suspect you of something.  They may not have to tell you, but they generally do tell the individual if for no other reason to quell the "OMG! WHY ARE YOU ARRESTING ME" stuff.    For example, Officer pulls you over, he may say "Good Afternoon Sir/Mam, I'm not sure if you are aware, but I clocked you going 67 in a 55."  What the officer has done here is articulated why he stopped you (speeding, 67 in a 55).  This is his/her reasonable suspicion that you were committing an offense.   This would also be what the officer puts in his reports and stuff to kind of lead into proving that whatever he did or saw suggested you were doing something bad.

When we say concrete, we are generally thinking of things that may not change often or easily.  For example,  I'm looking for a male with a 6" scar on his face, who has been reported to be in the vicinity of a robbery.   In a sense, just "male" is not very concrete.  I can't just go stop every male on the block and search them.  But, if I had a male with a scar on his face then that might be different.   Concrete can also refer to the 'strength' of something (We have concrete evidence that he committed this offense!). 
Check out the Hawaii Defense Foundation.
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Posts are not legal advice & are my own, unless said so.

edster48

Re: Failure to ID
« Reply #44 on: February 24, 2014, 11:28:25 AM »
Thanks Funtimes. I do understand Reasonable Articulable Suspicion, just didn't get the abbreviation as I'm not LE.  :crazy:
 I remember the case you're talking about, as I remember, the guy got off because they had no reason to follow him other than he turned around to avoid a checkpoint.
Thanks for the clarity!
                                                         :shaka:
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

Darmok and Jalad @Tanagra

Re: Failure to ID
« Reply #45 on: February 24, 2014, 01:32:52 PM »
Here's a sample of why more and more people are filming their encounters with police.  Had the video not surfaced, this man would have been going to prison for years.

http://abclocal.go.com/wabc/video?id=9440993
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

HiCarry

Re: Failure to ID
« Reply #46 on: February 24, 2014, 02:28:15 PM »
Here's a sample of why more and more people are filming their encounters with police.  Had the video not surfaced, this man would have been going to prison for years.

http://abclocal.go.com/wabc/video?id=9440993

I hope the officers are being charged under USC 1983, as if so, they loose their qualified immunity and the individual officer is responsible for any judgments, not the the police department and hence, the tax payers.....

Funtimes

Re: Failure to ID
« Reply #47 on: February 24, 2014, 02:50:21 PM »
I hope the officers are being charged under USC 1983, as if so, they loose their qualified immunity and the individual officer is responsible for any judgments, not the the police department and hence, the tax payers.....

I'm sure a plaintiffs attorney will be in contact with the individual lol.  I know I would.
Check out the Hawaii Defense Foundation.
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Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

kong

Re: Failure to ID
« Reply #48 on: February 24, 2014, 03:30:26 PM »
You can go to most youtube videos, and you may see the officer pull the individual over and then ask them to "step out to the side,"  "Come hang out around the back,"  or "sit on the hood" etc.   The thought here is that with the officer being able to completely see the individual they can't grab for anything that isn't on them.  They also can't hide evidence while they are sitting in the car.  In Hawaii, this practice was ruled on after an individual moved to suppress a traffic stop where he turned his vehicle around prior to a sobriety checkpoint  and was followed where a traffic stop was initiated.

RAS is "Reasonable Articulable Suspicion";  it is essentially the Officer's ability to articulate (state, like verbally) why he is asking you do something or why that they suspect you of something.  They may not have to tell you, but they generally do tell the individual if for no other reason to quell the "OMG! WHY ARE YOU ARRESTING ME" stuff.    For example, Officer pulls you over, he may say "Good Afternoon Sir/Mam, I'm not sure if you are aware, but I clocked you going 67 in a 55."  What the officer has done here is articulated why he stopped you (speeding, 67 in a 55).  This is his/her reasonable suspicion that you were committing an offense.   This would also be what the officer puts in his reports and stuff to kind of lead into proving that whatever he did or saw suggested you were doing something bad.

When we say concrete, we are generally thinking of things that may not change often or easily.  For example,  I'm looking for a male with a 6" scar on his face, who has been reported to be in the vicinity of a robbery.   In a sense, just "male" is not very concrete.  I can't just go stop every male on the block and search them.  But, if I had a male with a scar on his face then that might be different.   Concrete can also refer to the 'strength' of something (We have concrete evidence that he committed this offense!).

Actually, you need RS for a terry stop/frisk though there are certain exceptions like mobile conveyance, due to licensing requirements, exigent circumstances, etc.  Example, you can get stopped for a regular traffic infraction and with the plain view doctrine (if you left your weed pipe on the seat next to you, scent of mj, etc) have PC to expand the scope of their search to finding the smallest amount of drugs.  Also, BOLO is reason for a terry stop since it is articulable facts that an officer is on the look out for.  We are all sea lawyers so just be careful fighting it.  Biggest question I would ask if this is a Terry stop or voluntary contact. 

Also, comply and if the search or seizure (including yourself) was done illegaly it will get thrown out along with everything that follows due to the fruit of the poisonous tree doctrine.

Funtimes

Re: Failure to ID
« Reply #49 on: February 24, 2014, 05:03:37 PM »
Actually, you need RS for a terry stop/frisk though there are certain exceptions like mobile conveyance, due to licensing requirements, exigent circumstances, etc.  Example, you can get stopped for a regular traffic infraction and with the plain view doctrine (if you left your weed pipe on the seat next to you, scent of mj, etc) have PC to expand the scope of their search to finding the smallest amount of drugs. Terry stop and production of identification are two different things.  Terry stop also requires that criminal activity be afoot; the frisk requires RAS that you may armed and/or presently dangerous.Also, BOLO is reason for a terry stop since it is articulable facts that an officer is on the look out for. I kind of covered this above dealing with the male and the scar.  We are all sea lawyers so just be careful fighting it. Sure. I'm not a lawyer.  But, I did do legal investigations, read briefs, and study the 4th amendment to help attorneys find loop holes or problems.  It's also covered significantly in my previous academics to include courses on  criminal investigations, Criminal law, criminal procedure, and public law and policy. Biggest question I would ask if this is a Terry stop or voluntary contact.  Just ask if you are being detained or if you are free to go.  If free to go, don't hang around talking - just leave.   Even if they don't say anything, attempting to leave can be beneficial anyways.  If they touch you, order you to stop, and so forth it just increases the amount of evidence in favor of an involuntary seizure.

Also, comply and if the search or seizure (including yourself) was done illegaly it will get thrown out along with everything that follows due to the fruit of the poisonous tree doctrine. I would say never comply, but do not resist.  Hopefully that is understood.  If you want to smash my window, break into my car and search go for it.  I'm not going to give you the keys. I won't unlock the vehicle.  I won't consent to the search.  I'm just not going to forcefully resist the individual doing it.  Most importantly, let it be known that you do not consent.

Check out the Hawaii Defense Foundation.
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Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

bubba808

Re: Failure to ID
« Reply #50 on: February 24, 2014, 05:03:53 PM »
I imagined this was what you were talking about with the first post.  The girl was pretty stupid imo!
just curious, why do you consider the girl stupid?

bubba808

Re: Failure to ID
« Reply #51 on: February 24, 2014, 05:29:51 PM »
Darmok - recently in "off topic" you wrote a post about we being here for 2A or to talk about guns... im just curious how this post relates to 2A or guns as it is posted in legal and activism for 2A? Please articulate

Darmok and Jalad @Tanagra

Re: Failure to ID
« Reply #52 on: February 24, 2014, 05:34:00 PM »
Darmok - recently in "off topic" you wrote a post about we being here for 2A or to talk about guns... im just curious how this post relates to 2A or guns as it is posted in legal and activism for 2A? Please articulate

This is not my topic.  Recommend you redirect your question to the OP (suka).

Mahalo!

 :stopjack:
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

suka

Re: Failure to ID
« Reply #53 on: February 24, 2014, 06:33:02 PM »
Darmok - recently in "off topic" you wrote a post about we being here for 2A or to talk about guns... im just curious how this post relates to 2A or guns as it is posted in legal and activism for 2A? Please articulate
It has to do with the legal system, and seems the best of the categories to place it under.

Funtimes

Re: Failure to ID
« Reply #54 on: February 24, 2014, 09:29:37 PM »
just curious, why do you consider the girl stupid?

Because they were doing targeted enforcement, it's hard to say if she wouldn't have gotten a ticket, but a couple of things come to mind.  Firstly, pay attention to your surroundings!  According to witnesses, officers were all around the street doing targeted enforcement.  Maybe it's not the best idea to do stuff you know is wrong when a bunch of police are around.  Most of us I think would try to follow the laws when we see police around.    Secondly, she obviously wasn't paying even more attention to the individual who grabbed her.  It was reported that she pulled away and pushed the officers hand off her and then continued to run off. That doesn't seem to be the brightest moment of her life. You just put your hands on an officer.   Lastly, there is an opportunity that she could have utilized her... features? ... to get out of a ticket.  Let's not think this doesn't happen. As I said above, it might be harder due to targeted enforcement, but she's not the ugliest thing in the world.  A little bit of professionalism, politeness, and a smile could have gone a long way in getting out of her current situation.  Instead, she threw herself on the ground and refused to even give her name.
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Posts are not legal advice & are my own, unless said so.

kong

Re: Failure to ID
« Reply #55 on: February 24, 2014, 09:36:03 PM »
Funtimes I was going off of your examples about BOLO's RS, PC, etc.  And when you bring in RS then that is usually a Terry Stop i.e. in LA in certain known areas where individuals do shoot out with the police an officer can articulate that they effected a high risk stop at 9pm at night on a Thursday due to four males between the ages of 18-25 in said vehicle vice Hawaii where that is not reasonable as the only shootout I am aware of was the one with the solo bike officer. 

I agree if consensual then to terminate the contact and leave.  What I meant by comply is to not resist or fight.

For a voluntary stop from a training manual 'an officer may ask questions even incriminating ones, may request but not demand ID, may ID him or herself and show creds, and may seek consent for a search.  There are also factors that a court would look at with regards to whether the voluntary contact became an investigative detention.'
« Last Edit: February 24, 2014, 09:41:58 PM by kong »

Funtimes

Re: Failure to ID
« Reply #56 on: February 24, 2014, 09:53:08 PM »
Funtimes I was going off of your examples about BOLO's RS, PC, etc.  And when you bring in RS then that is usually a Terry Stop i.e. in LA in certain known areas where individuals do shoot out with the police an officer can articulate that they effected a high risk stop at 9pm at night on a Thursday due to four males between the ages of 18-25 in said vehicle vice Hawaii where that is not reasonable as the only shootout I am aware of was the one with the solo bike officer. 

I agree if consensual then to terminate the contact and leave.  What I meant by comply is to not resist or fight.

For a voluntary stop from a training manual 'an officer may ask questions even incriminating ones, may request but not demand ID, may ID him or herself and show creds, and may seek consent for a search.  There are also factors that a court would look at with regards to whether the voluntary contact became an investigative detention.'

Yeah there are some elements of time, location (high-crime areas) that come into play with this!  Like you said, don't resist or fight that doesn't go well.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

eyeeatingfish

Re: Failure to ID
« Reply #57 on: February 25, 2014, 10:46:33 PM »
Hawaii does not have a law against pubic intoxication.
Hawaii does not have a law requiring you to have ID on your person unless you are driving.

Suka you observed a small bit of the overall picture. For example let say someone called crime stoppers to report that this individual was John Doe who was wanted for robbery. The police arrive and find a male matching the description of the wanted warrant suspect. The male gives a name, DOB, and SSN that does not match and appears to be trying to conceal his identity. In this situation the police have reason to believe this individual is wanted and can articulate further detention. If they have enough info they could even make the warrant arrest and asking for ID is merely to give the guy the chance to prove he is not the wanted individual.

When you see a police interaction such as this you don't know what the officer knew prior to the encounter, you don't know what type of reasonable suspicion or probable cause the officer has.

Water

Re: Failure to ID
« Reply #58 on: March 11, 2014, 12:29:16 AM »
HAWAII STATUTES AND CODES

§291C-172  Refusal to provide identification.

     (a)  Except as provided in subsection (b), any person detained for a violation of this chapter shall provide the person's name and address, or any proof thereof, or both, upon the lawful order or direction of any police officer in the course and scope of the officer's duties pursuant to this chapter.

     (b)  A pedestrian who is detained for violating part VII of this chapter shall provide the person's name and address upon the lawful order or direction of a police officer in the course and scope of the officer's duties.  If the officer has reasonable grounds to believe that the person is being deceptive or misleading in providing the person's name and address, the person shall provide such proof thereof, upon the lawful order or direction of the police officer. [L 1978, c 111, pt of §2; am L 1984, c 215, §1; am L 1995, c 169, §1]

You know what's funny about this section?  Its only a fine!  See how dumb lawmakers are in Hawaii?  I consulted with a buddy, who is an Officer here, about this.  He said only if you commit a violation under the City Ordinances, you can be arrested for refusing to provide ID... and almost all City Ordinances mirror the Hawaii Statutes in some way.

Like what someone said, im sure HPD doesnt stop any random person doing "nothing" without reason or getting complaint from someone.  This aint L.A.