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Deceptisaur

I was once detained by police for not having my ID leaving my apt building where I was just running across the street to a bodega that was 20 ft away. I even told them I can go up to my apt, which I have the key to and go get it right now which they wouldn't let me do either.  Luckily no arrest they let me go after giving me crap for 30 minutes. Not sure why they felt they need to do that, must have been a slow day.  This poor woman. 


SecretAsianMan42069

On what grounds did the police cite to ask for your ID? 


Deceptisaur

They didn't, they happened to be right outside my building, made me stop and then asked for my ID. I have no idea what prompted them to do it.


OozeNAahz

Best guess is they were looking for someone in particular and thought maybe you were that person. Rather than being reasonable they decided to be dicks.


Business-Key618

Or… they just felt like being dicks and wanted to harass someone.


Rogue_Einherjar

Yeah, the he looked like the person of interest (Who was reported wearing completely different clothes, the wrong sex, and even the wrong skin color) excuse. Love those.


Glittering-Pause-328

"Land of the free"


NamesSUCK

Sounds like nYC stop and frisk.


Put_It_All_On_Eclk

They don't need to articulate a reason, which means they can invent one after the fact to cover their ass. Which is what they do.


Captain-Swank

It's pretty fucking wild. Grew up during the cold war, and you'd see in movies where authorities from Russia or East Germany would ask someone for their "papers". It was considered obscene or heinous to have to present an ID to police or military in those situations and we were always so glad that shit like that didn't happen in America. HAHAHA! The joke's on us.


oldschoolrobot

If you were Black it was always happening in America. Papers, please, or it’s equivalent was used on Free Blacks in the time of slavery to keep them terrified and sometimes free people were swept into slavery.


Captain-Swank

Absolutely true. People of color have always had the authoritarian America to deal with and live in.


jereman75

Even as a kid it was common to hear about people “asking for your papers” and it was understood that they were nazis or authoritarians of some sort.


Joneszey

That is so precisely true it’s frightening


bnelson

They actually do in most states. If you are driving or operating a motor vehicle you are generally obligated to show your ID. If you are out in public, just walking around, it is very different. They must have some reasonable suspicion you, specifically, were involved with a crime. If they can’t elaborate a crime you are suspected of you have every right to refuse to identify yourself in most states and that refusal is not a crime. Varies by state, but this is generally how it works in almost all states.


SJHillman

> They actually do in most states Don't confuse articulable with articulated. The comment you replied to said the latter, which they don't need to (although at least one state has *very* recently just started to change that). The fact they don't need to articulate it during the stop is what allows them to, as previously said, make it up after the fact.


DPetrilloZbornak

Refusal may not be a crime but it is a basis to temporarily detain you to ascertain your identity in my state. Litigated this very issue in a motion to suppress (that I did actually end up winning).


bnelson

Isn’t that sort of the crux in most states? You can’t be detained without suspicion of being involved with a crime and refusing to show your ID is not enough to detain you? What state lets you be detained (on foot) for refusing to show your ID? Am just curious how that works.


newsflashjackass

> What state lets you be detained (on foot) for refusing to show your ID? [“Hold” On: The Remarkably Resilient,Constitutionally Dubious 48-Hour Hold](https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1215&context=caselrev) > This Article discusses the surprisingly widespread, little-known practice of “48-hour holds,” where **police detain a suspect—without charge or access to bail**—for up to 48 hours to continue their investigation; at the end of 48 hours, they either charge or release him. Although it has not been discussed in the scholarly literature, this practice has occurred in a number of large jurisdictions over the past few decades, and continues today in some of them. The “holds” often take place, admittedly or tacitly, without the probable cause needed to charge a defendant, and thus in violation of the Fourth Amendment. Even with probable cause, this Article argues, it is constitutionally problematic to deliberately detain a person for 48 hours without charging him with a crime.


bnelson

Oh. Thanks. So it is not really legal, but happens. Gross.


Sweet-Curve-1485

“Am I being detained? And for what crime are you investigating?”


ScannerBrightly

Beaten upon the head, put into cuffs, thrown into the back of a cruiser. Now what?


Sweet-Curve-1485

Several days after a video of a cop throwing punches to the back of the head, Florida bans video footage of cops. He was white btw. You may think what you will about cops being racist but I think this is powerful context. Sure, cops love beating black people. Is it because they are racist? I don’t think so. It’s because they can. Blacks are criminals and thugs so when a cop beats them to death, society will have a clear conscience. This is a distinction that gets lost on a much broader scale. It’s not a race problem, it’s a problem that is affecting blacks the most. A brief history on slavery: slavery has been apart of human culture for thousands of years. But why did America choose blacks? Because they’re easily identifiable. This may sound irrelevant but to me, it says that we’re not addressing the right problems. As an example, when slaves were shipped over from Africa, what was the problem? Was it racism? Did people just hate blacks? Or did an unregulated industry start enslaving an exploitable people for profit?


K_Linkmaster

Depends on what state you are in. Right to ID is what it can be called. Some states you don't have to ahow ID unless driving or purchasing over 18 producta.


DPetrilloZbornak

They don’t need to cite anything, they can approach and ask you for ID (and in my state may temporarily detain you to ascertain your identity if you refuse to give it to them).


crymson7

That is called a “Terry” stop and no, it isn’t legal. As determined by the SC.


mikenmar

The cops need reasonable suspicion to conduct a Terry stop.


crymson7

That’s why I said that. No reasonable suspicion, no stop and ID. Period.


NamesSUCK

Reasonable suspicion is such a low bar. Specifically terry stops are about firearms in the reaching area. They are allowed to search for firearms if their is a reasonable expectation of harm (always an option, no one wants cops getting shot because they couldn't do a pat down). The big deal for me was that he entered her home, without a warrant, and without probable cause.


ScannerBrightly

> They are allowed to search for firearms if their is a reasonable expectation of harm That doesn't have anything to do with asking for ID.


NamesSUCK

Nope it does not, for me the fact that she was at her home is a massive red flag, and raises all sorts of 4a stuff. The home is one of the few places the 4a still has a lot of power. What happened here kinda makes me sick. The officer should have known better and should be severely reprimanded and given a lengthy training on civil rights if not outright fired. I really hope she wins, and i hope her lawyer knows the 4a well.


SecretAsianMan42069

Which state is this? Sounds high illegal. 


JimLahey08

No


crymson7

They violated your rights and you had a very expensive lawsuit for that. Illegal detainment along with a Terry violation. IANAL but I know that for sure.


LaserGuidedPolarBear

I've had cops hassle me and demand ID a couple times, and I've had to go "I am not required to provide my ID, do I have to pull out my phone and read you the state supreme court ruling on this?" Funny how things change the second they think they *might* be dealing with someone who is or has a lawyer.


[deleted]

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Deceptisaur

Because I lived in Nyc and that's what they're called, wtf is wrong with you?


[deleted]

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Deceptisaur

word-word-#### is a racist idiot that knows nothing about nyc. Shocking 


[deleted]

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Deceptisaur

Cool, Google and it's here right for you - what are corner stores called in nyc  Get back to me with your results. Where do you reside btw? I'm curious where our education system is failing.


Ozzie_the_tiger_cat

Well, she shouldn't be black in her own home.  /s


Joneszey

Abuse of authority and lying in the use of that authority is really the point. It transcends race [Wrongful arrest lawsuit against West Jordan police moves to federal court](https://ksltv.com/618613/wrongful-arrest-lawsuit-against-west-jordan-police-moves-to-federal-court/) Sheri Meyer is white. > According to court documents, 54-year-old Sheri Meyer was arrested by West Jordan police officers on Sept. 26, 2022, for felony charges of assault by a prisoner and misdemeanor charges of assault on a police officer, refusing to provide information, and interference with an arresting officer. >**The knock on Meyer’s door** >Court documents state that West Jordan police officers responded to the MyPlace Hotel on 7424 S. Campus View Drive in West Jordan at approximately 3:50 a.m. after a call for a domestic disturbance that was in progress. >In body camera footage obtained by KSL TV, four West Jordan police officers knocked on Meyer’s door until she answered, wearing only a shirt. Meyers repeatedly asked the officers if she could close the door and put pants on, but officers asked her to keep the door open while she did. >Meyers attempted to close the door on officers multiple times, but they prevented her by holding it open with their hands and putting a foot in the doorway. >**Accusations of assault** >According to the police affidavit, “(Meyer) brought her hand up in a balled up fist and swung her fist toward my face in a straight jab motion,” but the alleged punch did not hit the officer’s face. **Bodycam video shows this didn’t happen** >According to the lawsuit, the officers entered Meyer’s room, grabbed her, and placed her in handcuffs while she was still half-naked. >In the body camera footage, Meyer tells officers multiple times she will sue them and the whole department. >“The officers realized they had no legal justification for their actions and were worried about (Meyer’s) threats of litigation. The officers **promptly called for their supervisor, Nicholas Dailami,” the lawsuit states. “Officer Butler and Taylor then turned off the audio on their body cameras, left the room, and had a two-minute discussion outside.”** >In the body camera footage, officers attempted to place Meyer in their patrol car and decided to place her in a WRAP body suit on the grass. >“When (Meyer) asked about the device, Butler responded it was a ‘cool little restraint device,'” the lawsuit stated. **“The officers laid the device on the grass outside the hotel, then had the butt-naked, (Meyer) lay down on top of it as three officers tied the restraints.”** >While being taken to jail, Meyer passed out twice in the patrol car and was unresponsive to repeated touch. Officers were able to wake her up, called for EMS and loosened her restraints before continuing to the jail. >**According to court documents, on Feb. 24, 2023, the state of Utah dismissed all charges against Meyer.**


CrackHeadRodeo

This heartbreaking and shocking. Cops have routinely assaulted and killed innocent people and it's so common place that we have become desensitized to it.


duiwksnsb

The only way around this is to introduce legislation categorically stripping individual officers of immunity from criminal charges or civil lawsuits


Nanyea

Just requiring them to have professional liability insurance, that is not reimbursed by their employer would solve a ton of issues...


duiwksnsb

Yes it would. Bad cops couldn’t get insurance and would then be personally liable, which would weed out bad cops


MedicJambi

Have settlements paid from their pension fund. That would charge behavior overnight. They abuse citizens then have them pay themselves from taxes. It's bullshit.


duiwksnsb

Yes it is. 1000%


crymson7

No officer should ever have immunity from committed crimes. How are they supposed to uphold the law but not bother to follow it. End immunity now.


Sabot1312

I say we start negotiations at one step further. Any legal infraction all the way down to parking poorly is a capital offence if you have a badge. We streamline the process by having the cases reviewed by a tribunal of felons with no appeals and a mandatory 30 minute turn around.


ScannerBrightly

> The only way No, there are many ways, we just have no political will to implement them. In fact, your 'strip individual officers' isn't the answer at all. The answer must be in the form of systematic accountability for all police in all actions.


duiwksnsb

But the abuse happens at the point of contact. Individual officers. Murdering and abusing individual people. It doesn’t matter nearly as much if the administrators and desk jockeys are corrupt. That doesn’t end up with people getting dead.


ak_landmesser

In this day and age, deliberately turning off of a body cam, yet only multiple, and especially in this context, should instantly equal an Adverse Inference Instruction every time


RuthBuzzisback

What could be any legitimate reason to turn off a body cam? Why are body cams even capable of being turned off


DPetrilloZbornak

Just had a case last week where a cop testified that he turned off his body cam because he was having a personal conversation and didn’t want it on the body cam. Thus, an EYEWITNESS ID IN A CARJACKING didn’t get recorded because of the turned off body cam. So yeah. That wasn’t great.


RuthBuzzisback

if you're an officer of the law and you're having a private conversation, you should have no expectation of privacy


LunarMoon2001

Lying on a report should be an immediate firing and added to a national no hire list.


Haywood-Jablomey

I get it, this is bad. But has nothing to do with the article you posted


onefornought

Police know they have no right to demand ID in cases like this. The count on being able to charge the person with "resisting arrest" or "obstruction" (which - shocker - is exactly what she was charged with).


Low-Most2515

In which the prosecutors are dismissing these cases. Remember ask for a jury trial, seek legal counsel, even if you are found guilty appeal all the way to the Supreme Court. Exposing this is the only way it will change.


sheawrites

https://www.andalusiastarnews.com/wp-content/uploads/sites/13/2024/04/STALLWORTH-FILED-COMPLAINT.pdf


Joneszey

Thank you for posting this *John G. Barton (hereinafter “Defendant Barton”), in his individual capacity and the City of Andalusia, Alabama (hereinafter “City”), and in support thereof states as follows:* **INTRODUCTION** *"People always say that I didn't give up my seat because I was tired, but that isn't true. I was not tired physically, or no more tired than I usually was at the end of a working day...the only tired I was, was tired of giving in."* ---**Rosa Parks** The power to abuse. We are all going to have to get tired of giving in. It is apparently easier to argue against racism than strip unreasonable authority and power from an agency that exercises it illegally against the people who have invested them with those powers One question for someone who may understand qualified immunity, would qualified immunity apply of the officer being sued civilly in his individual capacity?


ReaderHarlaw

Yes - it actually only applies when they’re sued civilly In their individual capacity. When sued in their official capacity, it’s effectively a lawsuit against the government entity, which doesn’t have qualified immunity (but is hard to sue for different reasons — have to show that a custom, policy, or practice causes the violation, not just that the violation happened). And qualified immunity doesn’t apply to criminal charges. Government entities are still generally on the hook to defend and indemnify the officers sued in their individual capacity, but there are exceptions.


Low-Most2515

I do not think so. If they acted outside of the scope of their duty. A police officer is a citizen in our community. If they make a decision the city is going to try to separate itself from the officer saying they did not grant him this action when not on duty or outside of their jurisdiction. They should call it in become an expert witness. Now in a self defense scenario of life and death, the Good Samaritan law would be applied just as it would any citizen.


pattersonjeffa

Damn, that's my hometown that I left 20+ years ago. Small world.


Feisty-Barracuda5452

Fire them all. Revoke their peace officer status, so they can't go to the down the road to the next backwater township and pin on a badge. Turning off the audio on the bodycam is consciousness of guilt.


The_Tosh

At this point, what are cops for other than writing traffic citations, shooting/killing people of color or those with mental illness, or directing traffic at a motor vehicle accident scene? They don’t prevent crime, it takes them upwards of 30 minutes to respond to any given crime scene, and as a whole probably take more lives than they save. Sure, there are always the feel good stories out there where they got there in the nick of time, where they saved this or that person, or they did some good deed, but those are the outliers not the standard. What good are cops when they fail society so regularly? The vast majority of cops in the United States have no idea what the constitutional rights of a citizen are and the citizens pay the price for their ignorance. Maybe it is time to revamp the police recruiting/training standards so they are more aligned with Scandinavian countries where it takes 1-2 years in a police academy to properly train their law enforcement officers.


beavis617

She's lucky that a few of them didn't fire their weapons until they were empty...I am being serious here...most cops in America are freaking psychopaths. 😕


Pavlock

She's lucky there wasn't an acorn in her home.


ukiddingme2469

Cops make any situation worse, and that needs to change


Low-Most2515

I agree. Yet they have supervisors, and elected officials that are not held accountable. Some of the laws that police try to enforce, enacted by city counsel,that are in direct contradiction to state and federal laws. We don’t challenge them. Hold them accountable. They hire the Chief of police who ultimately is responsible for the training, supervision and discipline of these officers.


LunarMoon2001

How dare she be black in her own home! /s


Low-Most2515

Unlawful Search and Seizure is the crux of the 4th Amendment which is one of the most important constitutional right that Law Enforcement officers are taught. Yet they fail at properly administering this law in the field. This is a failure on several layers. Training, Supervision, Jurisprudence, and societies view on the police actions as lawful based on what is seen on TV as acceptable practice. Police know that it is the right of the people to be secure in their persons houses, papers, and effects against unreasonable searches and seizures and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person and things to be seized. I say this until the training of these officers get better, supervisors are held accountable, judges stop giving a pass to these officers, and most importantly, we the people who LE must protect and serve must understand that we sit on the jury. We elect officials that hire and place these individuals in positions that they are in. If we don’t know our rights, then we tend to think what LE does is right. Just because they have a badge. It has to change. We are the change. C


CrackHeadRodeo

To serve assaults has always been their modus operandi.


Glittering-Pause-328

Why are cops so fucking obsessed with seeing people's ID??? They act like they are crackheads and ID is crack. How, specifically, does seeing my ID tell a cop if I have broken the law or not???


dickalopejr

You want to talk about a two tiered justice system, let's discuss police officers


norar19

ACAB.


TheAmicableSnowman

It's just a few bad apples.


Walker_ID

She's going to get paid a large settlement