can i be detained or arested if i don't. What are my protections under the 5th and 4th amendmet? its my understanding that your maranda rights always apply. its only when they arrest you that they have to make sure you know them.
Answers:
this is a tricky question, the short answer is yes. the real answer is more complex. according to the constitution and the bill of rights no member of law enforcement or government can force you to show legal id without reason. therein lies the hitch, they will always have a reason. also some states have laws that cancel your constitutional rights, (i don't know how they got away with this). Florida law for instance says that you have to produce a "legal form" of id when asked whether the officer has reason to see it or not. anyway the short answer is the best guideline to follow, graciously show your id then get on with your life. also don't argue with the police save it for the judge.
Yes, you have to show them your ID
Cops can do whatever they want period. They even get away with murder, so I suggest you do what they say. It will always be your word against theirs.
Yes, you have to provide an ID and yes, the officer can arrest you. Under the 4th amendment they can search your car if they have probable cause to, and under the 5th amendment you have the right to remain silent if they arrest you.
If you are driving and they ask you for ID, it would be wise to produce a drivers license. Or it will be assumed that you are driving without a license. If you are walking, then it could be just a matter of having left your wallet at home. Miranda rights only come into play if they are going to question you. You can be arrested without them, they can't question you.
NO a lot of people dont have ids
but you must provide truthful info about
who you are if you lie you can be charged
Hi,
Like it or not, pretty soon we will be having Check Points
in order so that we show the New National I.D. cards.
These cards will have GPS on them. This takes affect on,
May of 2008, and that will be the Law of the Land.
But remember, The Police have a Job to do also.
This is not a police state.
You are not required to carry ID, nor are you commiting any crime if you do not have ID and/or show it to the police.
Of course, it you have committed no crime, it will be easier on you, and the police if you show ID.
But do not think you are required by law to show ID.
Too many people are not aware of the rights they have, nor are they aware of the rights that the police do not.
The problem is that if people don't know they have these rights, they wont notice when they are taken away by the government.
Police can only detain you if they have reasonable suspicion you have committed a crime. If you have not been arrested, you are free to go, ID or not.
In no state, county, or municipality in the US is "failure to present ID" a crime.
If it were, they would be, in effect nullifying a part of the constitution.
Too many Americans are cavalier about renouncing their civil liberties and rights guaranteed under the constitution.
People also have an inflated perspective on the rights and power of police officers.
If memory serves me correctly...
When you got your driver's license, you signed a few forms. One of them said that you must show your license if a policeman pulls you over. If you don't have your license with you, you have a day or two to bring it into the police station else you will be punished.
It also said you'll be charged with a DUI if you refuse to take the breathilizer test.
yes you have to show your I.D to the police just in case he or she explains the reason as to why she asks you that I.D and even after she has shown you his because many people tend to be what they are not mostly in this developing world.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment