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Police demand ID without any suspicion whatsoever of a crime
This first video is a clear and present violation of constitutional rights. A journalist named Chris Geo is arrested after he comes to a Federal Emergency Management Agency base to ask a question why they were taking the license plate number of everyone going to a postal office. The reason given seems to believe since the postal office was close enough to their area, they had the right to do so.
The officer was very short with the answer, in fact, he seemed pretty annoyed when pressed to answer. The journalist gives his name, but that is not good enough for the cop. Oh by the way, the journalist never even stepped on the FEMA base/headquarters, but just outside of it. Although he did film part of the base, FEMA's own manual states that filming of federal buildings is not a crime. Oh, the cop had stated he was being polite, well being polite doesn't mean you can violate civil liberties.
This journalist works for a small organization but I think that if he worked for ABC or the New York Times, he would not have been harrased and arrested. There is no reasonable suspicion that he committed any crime. None whatsoever. Asking questions of governmental officials, unless it has been changed recently, is not a crime. Nor, is it suspicion of a crime.
The government cannot demand I.D. without reasonable suspicion of a crime. A cop can't stop you on the street, without such suspicion, and demand to see your I.D. If he does, he is breaking the law. If he doesn't know he is breaking the law, he should have never been hired in the first place. After all, this is his job and he should know at least the basics of the law. We aren't talking about grey areas of constituitonal questions here.
So, this journalist who refused to give an I.D., as upheld in his right by the Supreme Court Decision Brown v. Texas. The officer is immune from prosecution for wrongdoing to only the extent that a reasonable officer would believe he was within his powers as an officer. Clearly, he wasn't. So, he is liable for an illegal arrest and should be sued.
If officers who clearly violate the law don't face lawsuits personally, they will continue to violate the law. By the way, this illegal arrest took almost two months to be dismissed. If it takes that long to dismiss something that a judge in 5 minutes should have dismissed, than how much liberty do Americans have when illegally arrested? Such arrests can maybe ruin a life.
The second video deals with a person detained for filming what I believe are uniformed secret service police just outside the White House. It isn't as clear cut a case as the first one. This isn't a case of police banning filming of them as they use physical force against a suspect. But, if the government states that certain governmental officials/police can't be filmed as they do their duties, what next will they ban? Would a network journalist be arrested for reporting on security around the White House? If so, that is very troubling indeed.
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"thirty-aught-six" (not verified)at 12:16 on January 26th, 2012
Don't you ever do any research before posting your assertions? Of course the Police can stop you at anytime and have the right to ask you to identify yourself. It is both federal and State law. You don't have to carry ID but a Police Officer can ask you if you are and if you would show him/her. Nothing illegal or untoward about such a request. Refusing to identify yourself will lead to problems any innocent person need not endure. And if your going to go probing around and acting suspicious it would be a good idea to carry all your ID and be more than willing to show it on request. It's only common sense unless your ultimate goal is to create issues that didn't exist until you decided to show up.
at 12:31 on January 26th, 2012
No, they can't. Again Brown V Texas was a decision that stated they can't demand ID without suspicion. They need a reasonable suspicion. If anything, I did way more research than necessary for this column. There is no federal or state law that requires identification without suspicion. Any state law, would be unconstituitonal. Again, I am talking about demand. Not a request. They can request all they want but a request isn't a demand. Did you even really read what I wrote? I wrote about a demand, not a request. Look, disagree with me but if you are too lazy to undergoe basic reading comphrension, than you shouldn't even really respond to anything anybody ever writes or says because you would get it wrong.
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'thirty-aught-six" (not verified)at 13:41 on January 26th, 2012
No. You're implying that the Officer demanded ID. And that the guys action were not suspicious. You don't prove either. Either the rest of your commentary has no place or the original complaint on the Officers actions have no place with the rest of the commentary. The rest is just semantics. If no DEMAND was made for ID then you have no reason to start about how demanding ID is against your Constitutional Rights or illegal on the part of a Police Officer.Because in reality that is also wrong. Stress on reality. While there is no law saying you must provide ID when questioned by police, any police officer can take you to the station and hold you for the length of time it takes to ID you with out laying charges. Has the demand been met? Police may also briefly detain a person if they have reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Many state laws explicitly grant this authority; in Terry v. Ohio, the U.S. Supreme Court established it in all jurisdictions, regardless of explicit mention in state or local laws. Police may also conduct a limited search for weapons if they reasonably suspect that the person to be detained may be armed and dangerous. So 'demanding' or 'suspicion' are terms that are left to the individual, as well as the word reasonably. Because if you give the Police a hard time about your identity you can reasonably assume you will get the full treatment reserved for suspicious behavior. Have a nice day.
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China Lake (not verified)at 11:51 on January 27th, 2012
What exactly is a demand for ID. You are asked for ID or not. According to Webster, Ask authoritatively or brusquely. How is that against any constitutional rights? To say the cops can't ask for ID is false. My bank asks for ID, the airport asks for ID, stores ask for ID. Proof of ID is a fact of lie. Like the other poster said, if you are snooping around federal buildings and asking questions and getting in the cops face maybe it would be a good idea to bring your ID.
at 00:24 on January 29th, 2012
Sheesh, demand means the police demand you give them your ID or you face arrest. It's not simply asking. I don't know what's so hard about this. Asking is completely volunatary, demanding is saying give me ID or I will lock you up.