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Failure to ID.......

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  • smw66

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    That was my first thought too! Then again she could be a caring mother that did the right thing. Not sure if it was my kid I'd want a cop from that police force touching him.
    I would think that would provide for some additional cash award when the case is settled. For all intents and purposes, since he was illegally arrested and removed, the kid might technically have been kidnapped by the police. That would probably be my position going in anyway.
     

    Southpaw

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    That was my first thought too! Then again she could be a caring mother that did the right thing. Not sure if it was my kid I'd want a cop from that police force touching him.

    Don't get me wrong, I had no problem with the Walmart employee herself, just seems like the officers should have taken possession of the minor out of abundance of caution. Especially seeing as there were plenty on the scene.
     

    Frank59

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    I would think that would provide for some additional cash award when the case is settled. For all intents and purposes, since he was illegally arrested and removed, the kid might technically have been kidnapped by the police. That would probably be my position going in anyway.
    Child endangerment at the very least
     

    Renegade

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    Well at least this did not get past the sgt.

    I have seen many of these cases where cops think you are legally required to show ID when asked. Not sure where they are getting this.

    I really wanna support the police, but lately they seem to be on the wrong side of everything.
     

    smw66

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    Well at least this did not get past the sgt.

    I have seen many of these cases where cops think you are legally required to show ID when asked. Not sure where they are getting this.

    I really wanna support the police, but lately they seem to be on the wrong side of everything.
    That's easy.....because their superiors are failing to insure proper training and discipline !
     

    Sasquatch

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    Watched to end.

    Even after sgt explained, he still gets it wrong!

    "unless he is lawfully detained,..."

    Yeah, that officer cannot seem to distinguish between "detained" and "arrested" - you can be detained without being arrested, but you can't be arrested without being detained. The law seems pretty clear, you don't have to ID until under arrest, not simple detention.
     

    smw66

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    Yeah, that officer cannot seem to distinguish between "detained" and "arrested" - you can be detained without being arrested, but you can't be arrested without being detained. The law seems pretty clear, you don't have to ID until under arrest, not simple detention.
    Yea, it's really a little bit scary isn't it ? And this is one of the easy questions....
     

    SQLGeek

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    Watched to end.

    Even after sgt explained, he still gets it wrong!

    "unless he is lawfully detained,..."

    I caught that also. He could not properly articulate what the actual law was.

    Also notice that the third officer in who got aggressive was shocked when he found out later that they didn't even determine the guy was intoxicated?

    I'd be the type to just hand over my ID typically but this situation was pretty badly mishandled by the three officers. They're lucky they had a supervisor who had a clue. Looks like they need more in-service training on what the law actually is.
     

    Wiliamr

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    Don't get me wrong, I had no problem with the Walmart employee herself, just seems like the officers should have taken possession of the minor out of abundance of caution. Especially seeing as there were plenty on the scene.
    Yeah.... they are obviously great judges of character and makers of wise decisions.
     

    ZX9RCAM

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    So, stupid question.
    Is a traffic stop and request for ID, different than this stop and request for ID?

    ETA: Or is asking for ones license different than asking for ID?
     

    Renegade

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    So, stupid question.
    Is a traffic stop and request for ID, different than this stop and request for ID?

    Yes.

    Driving is a licensed activity and you need to show your DL.

    This was a guy who no officer had seen violating any laws. He is not required to show ID. In fact, he does not have to show ID even after arrested, he is only require to tell them name/address/DOB.

    eta

    I am guessing someone with TDS called him in.
     

    Wiliamr

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    So, stupid question.
    Is a traffic stop and request for ID, different than this stop and request for ID?
    Generally, a traffic stop is due to probable cause (I clocked you going 10 MPH over speed limit, no turn signal weaving around etc). cops just walking into a store with no description of an offender, no personal knowledge (remember this was supposedly a misdemeanor - Public intox since the officers did not find the guy drunk and in a vehicle or attempting to drive) no valid probable cause, so yes major difference
     
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    Aus_Schwaben

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    If the individual the Police approached in this situation had been a different ethnic group, this would have blown up.
    What instigated the DWI call in the first place? Someone made the accusation in the first place. It wasn't the police or they would have pulled him over on the spot. An anonymous call? Are we in the Soviet era where you can sic the authorities on anyone you dislike? Someone not like your bumper sticker or facemask so they call 911 and accuse you of drunk driving? Arrested or not, your day is ruined.
    Worse than DUI, what if they decide to call in that someone was brandishing a firearm? Swatting is popular loser gamer circles and this would be easier, especially if they know the person they are "turning in" is prone to carry a firearm. Add a little drama of "shots fired" and the police will be hopped up worse than Tuco on Walter Whites' finest!
     

    Mowingmaniac 24/7

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    ZX,

    No not a stupid question, but one L.E. should have a firm grasp regarding the laws that U.S. citizens aren't to be treated as criminals when they've not committed a crime and are under no obligation to provide I.D.

    We don't have to immediately I.D. ourselves just because...

    I applaud the guy for standing up for himself. He was not going to be intimidated because a whole slew of cops decided it was his turn in the barrel...

    We don't live in WW2 Germany where L.E. can simply demand your papers and you must meekly comply when you've committed no crime.

    Just because they're L.E. and you're not doesn't give them utter/complete rule over U.S. citizens...just because.

    I hope he sues their ass off and wins BIG!
     
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