T O P I C R E V I E W
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ed650
Member # 9897
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posted
If im parked on the street just sitting in my fox can they come up to me and ask me for id ? Or do I have the right to refuse..? This happend to me today he asked me for id and if I was on probation and ran my id. Can anyone give me a link any more info about this law [ 2013-11-22, 02:41 PM: Message edited by: ed650 ]
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135.0
Member # 4992
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posted
What were you doing? Ask them if you are being detained.
Just cause you know the law doesnt mean you're gonna avoid an ass beating by a cop now a days. They can ask you to step out of the car, to search your persons and vehicle whether you say yes or no. They may not be able to use the evidence but they do what they want at that point right.
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Robb
Member # 9444
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posted
What were you doing that ticked off their radar to come and check you out?
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fredfifty
Member # 10320
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posted
Probly freaked out a neighbor and they called you in lol
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Wht86drop
Member # 12104
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posted
I think they can ask you for I.d but anything past that they probably can't do anything unless you did something or there is suspicious
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fstryde3
Member # 8436
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posted
quote: Originally posted by Robb: What were you doing that ticked off their radar to come and check you out?
This lol something on you, your car or your buddy probably raised a flag.
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ed650
Member # 9897
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posted
I was just sitting inside my car using my phone parked on the street
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135.0
Member # 4992
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posted
Where do you fall on this chart?
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i
Member # 12534
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posted
Screw them
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fstryde3
Member # 8436
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posted
quote: Originally posted by ed650: I was just sitting inside my car using my phone parked on the street
In front of a bank? LOL
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red5o
Member # 12651
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posted
quote: Originally posted by 135.0: Where do you fall on this chart?
That's funny I think I boarder line
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Greasy
Member # 5258
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posted
A police officer cannot legally walk up to you and ask you for ID with no reason.
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stanger50
Member # 1665
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posted
That's called a consensual encounter. The conversation lasted that long because you allowed it. If I'm not being detained (police would have to have reasonable suspicion that you have committed a crime) then I'll be on my way, Don't ever produce ID unless your detained. I love our police, but I'm a rookies nightmare if one wants to try and violate/test my rights.
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stanger50
Member # 1665
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posted
quote: Originally posted by Greasy: A police officer cannot legally walk up to you and ask you for ID with no reason.
Wrong! Police can legally walk up to anybody and ask. Its a consensual encounter. Know your rights before you give them up.
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stanger50
Member # 1665
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posted
You may let cops handle you that way, but not me. Read and keep mentally. Will save your ass next time. All you have to do is yell out Terry vs. Ohio.
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous
quote: Originally posted by 135.0: What were you doing? Ask them if you are being detained.
Just cause you know the law doesnt mean you're gonna avoid an ass beating by a cop now a days. They can ask you to step out of the car, to search your persons and vehicle whether you say yes or no. They may not be able to use the evidence but they do what they want at that point right.
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Greasy
Member # 5258
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posted
quote: Originally posted by stanger50: quote: Originally posted by Greasy: A police officer cannot legally walk up to you and ask you for ID with no reason.
Wrong! Police can legally walk up to anybody and ask. Its a consensual encounter. Know your rights before you give them up.
Doesn't mean you have to show it
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fstryde3
Member # 8436
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posted
quote: Originally posted by stanger50: You may let cops handle you that way, but not me. Read and keep mentally. Will save your ass next time. All you have to do is yell out Terry vs. Ohio.
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous
LOL please don't be this guy or you may find yourself up against the wrong officer being booked as an Attitude Failure aka CA PC 148
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stanger50
Member # 1665
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posted
preventing or knowing my amendments is obstructing?
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will01bullitt
Member # 12991
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posted
speaking as a student wanting to be a cop. there are many loop holes to it so if a cop can prove just cause [not to you but a judge] then they are in the clear. best thing to do is be professional and they wot mess with you. Ive been there done that at one point uninsurable.
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will01bullitt
Member # 12991
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posted
quote: Originally posted by stanger50: You may let cops handle you that way, but not me. Read and keep mentally. Will save your ass next time. All you have to do is yell out Terry vs. Ohio.
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous
quote: Originally posted by 135.0: What were you doing? Ask them if you are being detained.
Just cause you know the law doesnt mean you're gonna avoid an ass beating by a cop now a days. They can ask you to step out of the car, to search your persons and vehicle whether you say yes or no. They may not be able to use the evidence but they do what they want at that point right.
btw their different types of searches and probable cause is used when your going to arrest someone not detain
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Blow_U_In_Reverse
Member # 12298
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posted
before you show them ID or anything, ask them 2 questions..
1) Am I free to leave?
Unless you are being detained, they have to say Yes.. When they do, say Thank you.. Step out of your car.. And walk around the block before getting in your car and driving away (considering you are in your fox and will probably get pulled over for loud exhaust or some other petty reason if you leave right in front of them)..
If they say No, then question 2: 2) Am I under investigation &/or being detained?
If they say Yes, well then you are fucked!! haha
If they say No, say "Well thank you for you time, I'll be on my way" and then follow the previous instructions from question 1..
I was told this all that by my attorney..
You are NOT obliged to talk to them, you can always use your 5th amendment right.. And they cant force you to show ID unless you are being detained for a reason (even if its just over something stupid)..
COPS HATE IT WHEN YOU ASK THEM QUESTION 1!! haha [ 2013-11-23, 01:31 AM: Message edited by: Blow_U_In_Reverse ]
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will01bullitt
Member # 12991
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posted
quote: Originally posted by Blow_U_In_Reverse: before you show them ID or anything, ask them 2 questions..
1) Am I free to leave?
Unless you are being detained, they have to say Yes.. When they do, say Thank you.. Step out of your car.. And walk around the block before getting in your car and driving away (considering you are in your fox and will probably get pulled over for loud exhaust or some other petty reason if you leave right in front of them)..
If they say No, then question 2: 2) Am I under investigation &/or being detained?
If they say Yes, well then you are fucked!! haha
If they say No, say "Well thank you for you time, I'll be on my way" and then follow the previous instructions from question 1..
I was told this all that by my attorney..
You are NOT obliged to talk to them, you can always use your 5th amendment right.. And they cant force you to show ID unless you are being detained for a reason (even if its just over something stupid)..
COPS HATE IT WHEN YOU ASK THEM QUESTION 1!! haha
just saying ive been studying this so good luck with that
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Blow_U_In_Reverse
Member # 12298
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posted
quote: Originally posted by will01bullitt: quote: Originally posted by Blow_U_In_Reverse: before you show them ID or anything, ask them 2 questions..
1) Am I free to leave?
Unless you are being detained, they have to say Yes.. When they do, say Thank you.. Step out of your car.. And walk around the block before getting in your car and driving away (considering you are in your fox and will probably get pulled over for loud exhaust or some other petty reason if you leave right in front of them)..
If they say No, then question 2: 2) Am I under investigation &/or being detained?
If they say Yes, well then you are fucked!! haha
If they say No, say "Well thank you for you time, I'll be on my way" and then follow the previous instructions from question 1..
I was told this all that by my attorney..
You are NOT obliged to talk to them, you can always use your 5th amendment right.. And they cant force you to show ID unless you are being detained for a reason (even if its just over something stupid)..
COPS HATE IT WHEN YOU ASK THEM QUESTION 1!! haha
just saying ive been studying this so good luck with that
Ive tried it a few times and had the cops stuttering when I asked them "AM I free to leave?".. And they've let me walk away 6/8 times.. but I was in my daily driver, so I just drove away.. I assume it would be a little different in a Stang haha
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TR1
Member # 296
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posted
quote: Originally posted by Greasy: A police officer cannot legally walk up to you and ask you for ID with no reason.
Actually "they" can ask.
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Greasy
Member # 5258
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posted
quote: Originally posted by TR1: quote: Originally posted by Greasy: A police officer cannot legally walk up to you and ask you for ID with no reason.
Actually "they" can ask.
Actually, I already said you don't have to show it.
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autumnstang97
Member # 6111
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posted
Im not saying to do this or should do this, but I would Just be professional and respectful. If you didn't do anything wrong then what's the problem.?
I was parked in Redwood City a few years back when I had my 03 Cobra. It was at night, and a cop pulled up behind me and put the spot lights on my car. He walked up and asked for my DL so I gave it to him. After he ran it or did his shit, he asked me what mods were done to the car, after talking for a sec it turned out he had an 03/04 cobra. But he told me he had a call about me being parked and that there was"spike in criminal activity" in the area and was just handling a call.
Should you stand your ground? Yes. Bc there are cops that think they are the law. Just don't get caught up in something that's nothing. Being combative or resistive could just lead to a shit show.
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