On 11/24/2024 7:08 AM, Roy wrote:
A federal or local agent asks if you a John Doe, You refuse to answer
or show id.
Can they ask that you press your finger on their device?
Can they use your picture on his bodycam to do facial recognition?
This check may not be a positive id but I would think it would certainly
give a reason to detain you further.
Look up Terry Stop in Wikipedia. To sum up:
1. A peace officer must have "reasonable suspicion" that you are
involved in some criminal activity. Given that, they are entitled to ask
you to identify yourself. That means that you must tell the officer your
name. If you have more than one, e.g., writing under a pen name, you
must give the one you normally use in your daily affairs.
2. When an officer engages you in conversation, he does not have to tell
you that you are free to leave. If you want to terminate the encounter,
you must ask the officer if you are free to leave. If not, you must
stay, but you do not have to answer any questions beyond giving your
name. If you are operating a motor vehicle, the officer can demand your
driver license and you must give it to him.
3. If the officer has a reasonable suspicion that you are armed, he can
do a "pat down" search and "seize" whatever suspicious items he finds.
Not just weapons - in 1968 I was stopped by police and had a bandage can
in my shirt pocket. The officer took it, opened it, and found a "joint"
and arrested me. I consulted a lawyer, and he said that the officer was
allowed to do this, even though I can't imagine a weapon in a bandage can.
If you search YouTube for things like "terry stop" or just "police",
you'll get lots of videos about what an officer can or can't do. And how
you should protect your rights.
--
I do so have a memory. It's backed up on DVD... somewhere...
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