A Police officer can ask for ID any time they choose. YOU don't have to oblige him, but he can ask. It's up to the officer how far he wants to take it from there. I'm sure you did call them manure, you have called me that and you don't even know me. There is a big difference between asking someone for their ID, and asking someone to search their car. I would explan this to you but I'm sure it's above your pay grade
As for the op.. SUE THEM.. Sorry but I don't believe a word of this. But if it's true, sue the dept.. Enjoy your money.. If some cop is dumb enough to shine a laser at a drone, you track them down to their home, and they arrest you, SUE them. I'm calling BS on this story.. But in 28 years of being a cop I have seen some dumb cops along the way so who knows..
Sounds like you're one of the good ones and the officers who are I respect, defend and appreciate as much or more than our troops so everything here is said with all due respect for your position, your service and your knowledge and I defer to it.
I was a criminal justice major at UF so I learned a thing or two about law and plus a lot of lawyers in my family.
Also, yes I called that cop (I say cop when no respect is due) because I saw him throw the rights that my ancestors, my grandfathers, uncles and aunts faught for and throw them in the trash right in front of me. What's wrong with calling someone that does that a piece of dung. Whatever was in the past with you and I back and forth may have lead you to think that I would throw that around to anyone but not the case. I respect you, especially now and thank you for your service. I do not lump you in with the bad ones that you yourself have said you've encountered. I've had enough bad cops that I always give respect but I truly give it once earned.
It would seem to me that asking me without probably cause for my ID is unconstitutional by way of the 4th amendment. With a little googling I found the following. Again, I defer to your knowledge on this if it's wrong.
***EDIT: As stated on a post below I read your post wrong and thought you were saying that a person HAS to give ID when asked. I see you said that an officer can ask any time he wants which of course is true. Sorry for the confusion.
So when can police ask for ID?
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 slippery premise that individuals who prefer not to carry ID can choose not to drive or fly.
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 reveal their identity 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.
The below is also copy and pasted but I'm on my phone be and quoting it is difficult so...
“It has long been established that the loss of constitutional freedoms, “for even minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347, 373 (1976) (plurality opinion) (citing New York Times Co. v. United States, 403 U.S. 713 (1971)).” — CANEISHA MILLS, ET AL., v. DISTRICT OF COLUMBIA, No. 08-7127, U.S. Court of Appeals for the District of Columbia, July 10, 2009
Are You Required To Show ID or Answer Questions To Police and Other Government Agents Upon Demand?
For showing an ID: The answer is NO, except ONLY under extremely limited circumstances (detention with “reasonable, articulable suspicion” during a Terry stop” OR when being detained under “probable cause” for the commission of a crime.
For answering questions: Absolutely NO, NEVER! You are NOT required to answer any questions or to speak at all. (Further, you are NOT required to take any “tests” – such as a so-called “field sobriety test” re: alcohol consumption or an “alcohol breath analyzer test.” Further, you can NOT be punished for your refusal. However, the U.S. Supreme Court recently ruled that you are required to clearly and explicitly state that you “invoke your right to remain silent”, your “5th Amendment guarantee against self-incrimination, or words to that effect.
Below are some U.S. Supreme Court decisions which affirm your right to NOT show an ID (or otherwise identify yourself) or answer any questions.
”Texas may not criminalize by statute or practice conduct that is Constitutionally protected. — Coates v. Cincinnati, 402 U.S. 611, 616 (1971)
21. Papachristou v. City of Jacksonville, 405 U.S. 156 (1972) “a statute which serves as “merely the cloak” for arrests which would not otherwise be lawful is a pernicious affront to the Fourth Amendment and cannot be upheld”
“Where rights as secured by the Constitution are involved, there can be no rule making or legislation which will abrogate them.” Miranda v. Ariz., 384 U.S. 436 at 491 (1966).
Thus: All State, county, city or town STATUTES (regulations, ordinances, procedure/practice, etc), that “criminalize” a Constitutionally-protected right, are VOID and of NO LEGAL FORCE !!!!!!
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I could go on and on but how is it legal to ask for my ID without infringing on my 4th amendment rights and probably some others to not be harassed without probable cause or at least something. Can't just randomly ask people for their ID. I mean you can but if it turns out that the officer can't prove there was cause, he is guilty of civil liberty infringement.
Of course I understand that this is all theoretical and in reality the cop is always right but as a matter of the black letter, I don't think from what I've read that you have to give an officer your ID if asked for no reason and be guilty of anything.
Am I wrong?