2aHawaii
General Topics => General Discussion => Topic started by: dirsh on December 18, 2012, 03:58:22 PM
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http://www.paragoulddailypress.com/articles/2012/12/15/top_story/doc50cbbb312e241511092932.txt (http://www.paragoulddailypress.com/articles/2012/12/15/top_story/doc50cbbb312e241511092932.txt)
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Talk about stomping on the constitution. Good lord. This guy might find himself in some pretty deep legal trouble. But I'm no expert. Maybe he's allowed to search and seizure & arrests without probable cause. As I see it, he's walking a very slippery slope.
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I have a lot of sympathy for the LEO's that have to deal with crime. I'm not surprised to see the frustration result in moves like this.
I have very mixed feelings about it. If LEO's are going to be serious about preventing crime instead of just handing out traffic tickets this is what it might look like at times. How they do it is going to be the determining factor. If they are Mayberry pleasant and friendly, there to protect and serve, it might work. If they are Bad Boyz on the Streetz making the people feel intimidated then it will not.
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But to the point of being forced to show ID for walking your dog? If you don't comply you get booked for obstruction? Really?
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you don't even have to give id
walking on the street is not probable cause
he says himself he didn't ask a lawyer
DA is gonna tell him no go
DA would not want to have to prosecute any cases that are gleaned from these tactics
Talk about stomping on the constitution. Good lord. This guy might find himself in some pretty deep legal trouble. But I'm no expert. Maybe he's allowed to search and seizure & arrests without probable cause. As I see it, he's walking a very slippery slope.
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you don't even have to give id
walking on the street is not probable cause
he says himself he didn't ask a lawyer
DA is gonna tell him no go
DA would not want to have to prosecute any cases that are gleaned from these tactics
Not a lawyer but this smells bad and I would think clearly violate a person's constitutional rights. He said he didn't consult with a lawyer. Well when he did he back pedaled fast. I'm all for fighting crime and taking care of the trash but I believe this crosses the line. See quote from the article below.
Back pedal the following day:
Gaskill retreated from the severity of the plan he and Stovall offered to citizens at the town hall.
As for having IDs, he said citizens wouldn't have to worry about that, either. He said the police would not arrest residents solely for failing to produce identification when asked.
Attorney assessment:
Attorney Curtis Hitt of the law firm of Hitt and Kidd said officers were allowed to engage in "consensual questioning" with citizens, though if any circumstances arose that led to an arrest, a judge would have to look at the "totality" of those circumstances.
"The bottom line is it would have to be determined on a case by case basis," he said.
Hitt said he had a high regard for Stovall and the Paragould police. He said he felt their intentions were in the right place, which he believed was preventing crime and making Paragould a safe community.
"At the same time, as an attorney who reads police reports and keeps up with the law, I certainly will be careful of that for any of my clients."
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you don't even have to give id
walking on the street is not probable cause
he says himself he didn't ask a lawyer
DA is gonna tell him no go
DA would not want to have to prosecute any cases that are gleaned from these tactics
Thats the first thing that caught my attention. You do not have to show them any ID or tell them who you are and they may not detain you without probable cause. I think most people do not know this and think they have to do whatever the officer says.. Not true.
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Thats the first thing that caught my attention. You do not have to show them any ID or tell them who you are and they may not detain you without probable cause. I think most people do not know this and think they have to do whatever the officer says.. Not true.
You do have to show ID when asked by an officer. It's in the HRS. I believe its failure to produce ID upon lawful order. He does not need probable cause to detain you. All he needs is reasonable suspicion. Detention is not an arrest. Probable cause is for arrest which he can do if you are an ass when he asks you for your ID. :shake:
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You do have to show ID when asked by an officer. It's in the HRS. I believe its failure to produce ID upon lawful order. He does not need probable cause to detain you. All he needs is reasonable suspicion. Detention is not an arrest. Probable cause is for arrest which he can do if you are an ass when he asks you for your ID. :shake:
If it's in the HRS, I'll be glad to challenge it...I'm sure the Hawaii ACLU will be more than happy to pick up my case.