Bullshit, FALSE.
Check the 4th Amendment.
Check Hiibel v. Sixth Judicial District Court of Nevada.
Bullshit, FALSE.
Check the 4th Amendment.
Bullshit, FALSE.
Check the 4th Amendment.
If the police have "resaonable suspision" that a crime has or will be commmited they can ask or briefly detain you. If you refuse to provide information, and they do not otherwise have probable cause to show you have committed a crime... they are SOL.
That does not mean that many dont just arrest you anyway then lie about it.
Every time you say something ignorant like the above, I question whether you are actually a lawyer.
The 4th amendment protects against UNREASONABLE search and seizure. They had more than enough probable cause to investigate. The forced entry was there (not only from this event but also from a prior break in) and a witness called in the situation to 911...
Asking for ID to verify ownership of the property is NOT unreasonable in that situation. Period.
You have been lawyered
You do not even know what you are talking about. Terms like "Probable Cause" are terms of art, they have very specific meaning. A cop does not have to have "probable cause" to investigate anything. They can investigate anything just because they want to.
I said the cop has everyright to ask for ID, the dude does not however have to provide it. Read the posts I write and stip jumping to conculsions that I am making claims that I am not.
They police would have to have "probable cause" to arrest someone, and untill the guy started yelling they did not have that.
Had the dude merely said no, they would have not had probable cause to arrest the guy for anything!
Supreme Court Upholds Constitutionality of Arrest for Refusal to Identify. In a 5-4 vote, the Supreme Court has narrowly upheld a Nevada law allowing law enforcement to arrest an individual when he refuses to identify himself, and reasonable suspicion--though not probable cause--exists that he has committed a crime. (June 21, 2004)
Bullshit, FALSE.
They have the right to ask, you have the right to refuse.
Check the 4th Amendment.
You know very little about what you speak.
If they have "reasonable suspicion". They did not in the present case.
If they have "reasonable suspicion". They did not in the present case.
I will re-address your edited version....
1) Yes, you have the right to refuse.... and if you do, they have the right to arrest you. Period. Supreme Court ruled on it as Dung pointed out.
2) Please explain what you mean by 'check the 4th' because when I originally addressed your stupidity and stated that the 4th protects against UNREASONABLE search and seizure, you stated I didn't know what I was talking about. So tell us why you think the 4th protects him from showing his ID.
you moron.... they not only had 'reasonable suspicion', they had probable cause.
There was a call into 911 that stated two men were seen forcing their way into a home. That right there casts suspicion on anyone they find in the home. The fact that the front door showed the signs of forced entry is probable cause.
You fucking moron.
Much like your messiah, you weigh in not knowing shit about the facts of this issue...you admit,
"Obama says Police acted stupidly!
He should not have weighed in on an issue he himself admitted he does not know about. "
Maybe there is hope...you can certainly see that your messiah can be wrong at times...actually, he looks like an asshole for opening his pie hole over this....
Maybe in the future you might recognize what a fuck up Obama really is in most of the crap he spews....the lies are blatant enough so that even you can see them if you care to lift an eyelid....
Dude, I make no argument about where he was arrested other than to counter the silly notion that he wasn't arrested at home.
What difference does it make if he was arrested inside his house or on his porch?
That's a question.
Go read the police report.
Gates was arrested at HIS house.
How is the police officer supposed to KNOW it's his house? What if he is a burglar claiming it is his house? Is the officer supposed to just take his word for it and leave?
What people are failing to understand is the circumstances. This was a 911 call, reporting a suspected break in at the address. There had been a series of such break ins in the neighborhood, including one attempted break in at that very address! So the cop is supposed to go there and take some unidentified persons word for it, that he lives there? C'mon, let's be real! The cop was doing his job! It was the belligerent professor who brought "race" into it, with his very first remark to the officer!
Bullshit, FALSE.
They have the right to ask, you have the right to refuse.
Check the 4th Amendment.
If they have "reasonable suspicion". They did not in the present case.
That is not "probable cause", no court would call that probable cause.