Archived posting to the Leica Users Group, 2004/07/17

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Subject: [Leica] Photo student harassed in Seattle by Homeland Security
From: timatherton at theedge.ca (Tim Atherton)
Date: Sat Jul 17 13:01:58 2004

> > And as far as I know, there is no requirement for US citizens to carry
> > or produce ID, so long as no law has been violated.  How much longer
> > will it be before police can arbitrarily demand "papers" from anyone
> > they like?
>
>
> Sadly the supreme court ruling last week ruled that you to identify
> yourself when an officer asks.
> Mark that freedom off our list.
>
> Freedom is the axis of evil.  It is inefficient, insecure, and
> ineffective at controlling the masses.
>

Actually, in 18 States or some such there are/were laws which require you to
identify yourself to law enforcement or produce ID in certain specific
circumstance (usually around the "reasonable suspicion" idea below). Various
Supreme Court decisions had limited those to some degree going back to the
70's or earlier (Terry v. Ohio and Brown v. Texas etc)

I believe the recent Hiibel v. Sixth Judicial District Court of Nevada
Supreme Court case basically set out (or at least strongly "hinted") that
the most that can be required before the is a violation is a person identify
themselves to law enforcement when they have 'reasonable suspicion' (which
is different from 'probable cause') that you are engaged in criminal
activity or have information regarding the criminal activity of others. But
"identify" means just that - you must tell them your name. Unless you chose
to do otherwise (i.e. produce ID) that is all that can be required.

As I've never even played a lawyer on TV, I'm sure the LUG legal beagles
will put me right on this...


Replies: Reply from jplaurel at spectare.com (Jim Laurel) ([Leica] Photo student harassed in Seattle by Homeland Security)
Reply from timatherton at theedge.ca (Tim Atherton) ([Leica] FW: New PhotoPermit site (was Photo student harassed in Seattle by Homeland Security))
In reply to: Message from david_degner at yahoo.com (David Degner) ([Leica] Photo student harassed in Seattle by Homeland Security)