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What is a Stop and ID State || The Truth about Stop and ID States || Radzwion Law, PLLC
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- Опубліковано 20 січ 2022
- Learn Your Rights || Radzwion Law, PLLC
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999 times out of a thousand, a cop with nothing better to do will stop you and then LIE. He'll say, "We've had a call of someone matching your description behaving in a suspicious manner, so I'm going to need your ID." OR "We've had several break-ins in this area recently, and I need to make sure you belong here." When in fact there WAS not [necessarily] any such call. Everyone needs to understand cops are allowed to lie to US, but we can't legally lie to them. What we CAN do is remain silent.
😂 Multiple times cops have asked for my I.D. "to make sure I belong." Next time I may go:
*_I'z sarry, Sir! I deedn't know I'z not allowed in this here town! 🌚_*
As with most all state laws, confusion is part of the law.
Why do you think so many cops are stupid?
aint that the truth, I once called the state of SD, and asked them to define resident in one of the state laws, they told me to call a lawyer
You win the prize. The bottom line is human nature. One ruling class. In American we don't have royalty, but we do have the rich. The result is exactly the same.
@@mypov8028 That's no excuse. They don't even know basic basic basic laws. It's not because it's confusing, it's because they don't care to learn anything. THEY DONT HAVE TO.
I'm slightly confused, if both "Stop & ID" states and "Non-Stop & ID" states require reasonable articulatable suspicion to detain and identify someone, what is the fundamental difference between the two? What are officers allowed to do in a Stop & ID state that they cannot do in other states?
Thank you for your comment. The Supreme Court has held Reasonable Articulable Susp. ("RAS") is always necessary. The words "Stop and ID" are misunderstood in the sense people think police don't need RAS if they live in a Stop and ID State. The video explains the charges one could get in a Stop and ID state if there is RAS and ID refusal occurs. Hope this helps.
@@radzwionlaw thanks for your response, it helps!
@@radzwionlaw Sounds like there is still no difference to me, just more confusing mumbo jumbo, failure to id is a secondary offense so what is the primary offense?, both require a coherent definition of a crime that is occuring. If I am walking down the street late at night, can this be construed as prowling?,
My understanding is that a stop and ID state can ask for ID if they have reasonable articulable suspicion your engaged in criminal activity. A Non-Stop & ID state can only require ID when they arrest you.
Soinds to me like they purposely call it this stuff for control and manipulation. "The cop said I'm in a stop and ID statz that means I have to identify" this is what happens 80% of the time.
Recently a Rockford, Illinois cop stopped me. I was sitting outside a grocery store I frequent nearly every Saturday. I was, as usual, eating a slice of their pizza, and drinking a Zevia soda I had bought within. I know several of the workers there. In my backpack was a T-ball bat, and just the end of the handle was showing out the top. Up drives a cop, and I just know... He comes up and starts in on telling me that the store called because customers were concerned about me as a threat, I guess. He wants my I.D. I told him I had committed no crime. He keeps asking for my I.D. I told him I was not trying to argue, but that I had not committed a crime, nor was I suspected of a crime. He keeps insisting. I decided I have other hills to die on so reluctantly I hand him my I.D. He then tells me I am free to go but that I must leave the premises. I left. Later I called the store, spoke to the Store Manager, explaining in detail what happened, and he confirmed my suspicions. No one from the store had called the police. I asked if he was certain. He said he was, because if a worker had called, there would need to be an incident report. He then made me so happy and told me I am *welcome* at their store.
It's amazing that they can lie to use but we get charged if we lie.
@@mypov8028 we live in a tyranny. In England it is illegal for the police to lie to you.
@@mypov8028 @MY POV we live in a tyranny. In England it is illegal for the police to lie to you.
That's when you should tell the cop lets walk back into the store to confirm if anyone called, and if not, then you know he's a damn liar. I would not have given him my ID and dared him to arrest me letting him know a lawsuit would be filed if he tried with the false arrest.
@@danielm8213 Cops don't let you just go back inside the store, once they meet you.
This video is really unclear and I don’t think you understand what any of the commenters mean when they ask you to clarify. I think you should just make it clear what are the scenarios (in BOTH stop and ID states and states without these statutes) where someone MUST show identification, and also the scenarios where you do not need to show ID. The clear confusion with most commenters including myself is that the law in BOTH stop and ID states and states without these laws says that the officer can demand ID when there is reasonable suspicion that a crime was committed or will be. So the confusion is that the stop and ID law seems to be meaningless and pointless, because either way, the officer can have reasonable suspicion and then force you to ID regardless of the presence of stop and ID laws. You keep explaining that stop and ID laws don’t equate to always showing your ID when asked no matter what, but you don’t explain the scenarios where someone does NOT need to show ID in a state without these laws but would have to show ID in states with the laws. It would really help if you could clarify this, as I think this is the question that many commenters have, and you didn’t seem to answer in comments that you replied to. Thanks for the video though, as I think it’s important that people should be educated on these laws.
The video is as clear as the law. If it were all back and white, we wouldn't need courts. A computer could do it.
Thank you, great video and good explanation I wanted to learn as I live in a stop and ID state and need to know my rights.
GraduatedPuma12 Thank you for your comment. I'm glad our video was informative!
Stop and ID means reasonable articulable suspicion of a crime. Non stop and ID means you have to be under arrest
Here's the catch: good luck proving that. First, cops can arrest you for anything, and even if they're subsequently proven wrong and you're released and the charges are dropped, the damage to you and your reputation and life have already been done.
You go to jail, you pay to get out or for your vehicle to be towed and impounded, and for a lawyer. You then hope that you get recompense from the people that could take years. And if all that comes out to your benefit, you still suffered and you still have an arrest record, that never goes away.
@@krane15 Then you hire a lawyer and sue them. If you are arrested and charges are dropped you have a guaranteed win for a lawsuit.
Learn Your Rights!
My question is, if the officer only needs reasonable articulable suspicion, can’t they simply say “you match the description” and force your hand? How should one handle a situation like this because we all know officers are not only allowed, but encouraged to lie to us in order to acquire personal info and make an arrest. This could be a default RAS that any officer could use at any time to violate our rights.
Thank you for your comment. This is the question you would ask the officer. "Is matching a description of a suspect a misdemeanor or felony?" The officer won't be able to answer that honestly. RAS must be suspicion based on a crime being committed. Matching a description does not generally rise to the level of crime. Also remember to exercise the 5th Amendment when appropriate. (Right to Remain Silent)
@@radzwionlaw thank you so much for this 🙏🏾
@@radzwionlaw do you happen to have/know any case law that might support this type of interaction? I’d love to read up on it.
@@radzwionlaw thanks also for this answer
@@radzwionlaw this exact situation happened to me last night. What can I do about said interaction, legally?
Now if I have a Cpl in Michigan and just walking down the street and a cop asks for my I’d. do I have to show it if I’m unarmed? My Cpl teacher basically said just always give your ID and Cpl asap. In that case I feel like I lose some rights trying to use another… like a cop in southgate pulled my friend over and I was in the passenger seat for a license plate light out. He demanded my id, I refused, we then sat there for a half hour for a K-9 unit to come, it alerted of course so they pull us out search us and the car for 15 minutes then let us go after getting the ticket and my id. I was 19 that was 12 years ago but I just don’t trust cops lol I really don’t want to give up my right to privacy if I’m unarmed but have a cpl…
Great question. I should do a post on this very topic. The short answer is if you have a CPL and are NOT carrying a pistol at the time, you DO NOT have to say " i'm a cpl holder and I'm not carrying". Who was your CPL class/instructor for the legal portion?
@@radzwionlaw interesting 🤔 thank you thank you
The detention to wait for a dog violated the Rodriguez Supreme Court case.
So basically even though i live in a stop and id state i cant flip a cop off and NOT have to show id when they come at me for just flipping them off..... ty. 😀🤗🤪
Yes you most certainly can flip the cop off and he can't legally stop you b/c of it as that's covered under the 1st Amendment under freedom of speech. Any ticket wouldn't hold up in court and any arrest would be illegal as well.
Thank you. Im tired of always having to hear "this is not a Stop and ID State". Cause just like Michigan, which u mentioned, dont have that kinda law, officers must have RAS.
Thank you for the comment! You are welcome. Supreme Court has held RAS (Reasonable articulable suspicion) is required indeed.
Officers must always have RAS. but some states require an arrest or citation before demanding ID, others do not.
New Mexico is a Stop and Identity State, so I know that i have to show my state Identification, I can't speak for other states.
Good info. Thank you.
Glad you enjoyed it. Thanks for the comment!
You really should’ve focused on the difference between the two states
Alabama?
Is Arizona a stop and ID state?
You will want to ask a lawyer in Arizona that knows criminal law. I cannot say either way for AZ
Arizona is one of the few stop and ID state, but officers need reasonable and articulable suspicion.
Louisiana is really bad about this kind of thing, they don't understand the job they are hired to do at all.
Questions, If someone refuses to produce identification in a stop and id state, how does the officer write a ticket for the infraction? That is, how does an officer write a ticket to someone if he doesn't know who they are?
Valid question, I cannot say how every LE would handle this.
Lets not confuse RAS and PC.
A meaningless comment without clarification. RAS = Reasonable Articulable Suspicion: you fit the description. PC = Probable Cause: your holding lock picking tools.
So what about "safety checkpoints: laurel and stringer Mississippi. Bee. Happening for 2 years
This doesn't preclude the jackboots from making up bs to compel you to give up your rights. Remember the crooked SC has stated in some form that the jackboots can lie to you while on their fishing expedition.
Hiibel case says u can invoke your 5th
So me and my cousin was visiting my hometown where we have a lot of property, and we were riding down the road where it's at. A police came riding down there turned around, and got behind us so I turned on another road our land run through and we got out started walking he stopped and ran my plates heard it on his radio. So he came up to us asking for our ID for riding down the road, saying people have been riding down roads going in houses. No houses is around there close by. Told him I grew up here this our property and stuff like that. He was a young new cop not from there. Did he have ras to id us for that? #Louisiana
Doesn’t sound like RAS was present.
NO, he doesn't. He can claim houses being broken into all day long (whether true or not), that's not a legit reason to run your tag or get ID w/o RAS just b/c you're in the area. That would be a HUGE stretch if he tried that as a reason.
In Louisiana, if you are not in your car or in a car and not the driver, the smart thing is to listen to the question that was asked. Do you have ID on you? Tell the truth and give your ID if you have it on you. If you do not have an ID on you, give your name and address. All drivers must have a driver's ID. Walking, riding a bike, or just being in public does not demand you have ID on your person. There is no state law that says you must carry ID. But give your full name and address. If you are an active duty military member, you must keep the military ID on you at ALL times. #Louisiana
Supremacy Clause, Art 1 Section 10 & Amendments IV, V, IX, X.
Miranda
Ect, et al.
Here the logic issue, if you have the "right to remain silent", and the right to be secure in your persons and papers, and the right against being compelled to self incrimination, why would you open your mouth to give the "police officer", truely only another man (or woman), any information in the case he is investigating and could use against you. The only thing to do is not to speak or peacefully protest only if the man/officer moves against you.
It's completely possible for a "POLICE OFFICER" to get people to consent to be arrested, they get away with it every day. They use fraud, coercion, intimidation and menace and your lack of knowledge to do it, but they do unlawfully extract consent.
Then there's the question who issued the papers "ID".
There are other arts, crafts and magic employed in, for and throughout history, which can help explain and comprehend the powers and principles which are exercised every day.
What does it mean to attorn, what is a trover and what is a conTROVERsy?
If you follow the Royal Law you can do no harm.
Really scary that you can just be out and any cop can stop ID and come up with bogus lies to justify a arrest or a beat down. I go out less and less due to my fears if these dangerous people.
That's the state of citizen in the U.S. And to think, we had a revolution to get away from this very type of thing. We've come full circle.
The price of freedom is eternal vigilance. Not everyone is interested in this subject and so it is our job to pick up the slack and understand our rights. It is important to get the ultimatum "Give me your I.D. or go to jail" before giving an I.D.. If this is on audio/visual recording then it is enough to prove a civil rights violation has occurred even if no arrest was carried out. If that happened and you were recording, you would have a strong case against the police department.
So basically any officer in a stop and id state can just say that they have suspicion of a crime being committed? Basically you’re saying that if you are standing there in the area when the officer gets there, they can literally single you out.
Thank you for your question/comment. Officers cannot just “say they have suspicion” they need reasonable articulable suspicion RAS that a crime is afoot/about to be afoot etc. they cannot single one persons out without RAS.
Reasonable suspicion can be anything for anyone. The officer must see an actual crime--or-- based on circumstances---articulate one was imminent. Suspicion must have a crime attached to it.
Except a crime can be anything at all. How vivid is your imagination?
Perhaps the vagrancy laws need to have clear harm done, or disturbance of the peace rules, and stipulations for officers added then. Or be struck down in thier entirety.
I appreciate this coming from Colorado where it is a stop and ID state but unless I’m not braking the law I don’t need to ID 🪪
Thank you, I needed an attorney, do me a solid and Please be my Pro-bono Attorney'. Thanks again and much appreciated.
Can you make a follow up and simplify the explanation? Seems the people in the comments are not clear on when they MUST provide ID.
You figured out how law that effect the poor work.
So I live in Ohio which is a stop and ID state. And I’ve thought I had to give up my ID even without committing or being in process of committing a crime.
The more you know bro people who don’t do the time to better themself contribute to the ignorance
2:50 in _Brown v. Texas,._ Supreme Court 1979, the Court didn’t “strike down” the Texas stop and identify statute. The Court invalidated the conviction for refusing to identify because the officers lacked the requisite “reasonable articulable suspicion that criminal activity may be afoot” to justify the detainment.
{The Court has recognized similar constitutional limitations on the scope and operation of stop and identify statutes. In Brown v. Texas, 443 U. S. 47, 52 (1979), the Court invalidated a conviction for violating a Texas stop and identify statute on Fourth Amendment grounds. The Court ruled that the initial stop was not based on specific, objective facts establishing reasonable suspicion to believe the suspect was involved in criminal activity. See id., at 51-52. Absent that factual basis for detaining the defendant, the Court held, the risk of "arbitrary and abusive police practices" was too great and the stop was impermissible. Id., at 52.}
_Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty.,_ 542 US 177 - Supreme Court 2004
To articulate - to explain in specific detail.
Articulatable -- ... ABLE to be explained in detail.
Incorrect. Able to be stated, and what a reasonable person would find plausible or acceptable. Now how do they get that?
So in MI. If a guy has a crowbar and is near a broken window, a cop can ask for his ID but he can still decline to give ID until they have probable to arrest, but in AZ, a stop and ID state, they can arrest him for not giving ID alone?
Thank you for your comment. An officer cannot Demand ID without reasonable suspicion of a crime or probable cause for an arrest and then arrest the person for failing to ID. In other words failure to ID cannot be the standalone reason for an arrest.
Are cops bad about this in Arizona?
@@mendoblendo321 They're bad about it everywhere, not just AZ. They're trained to get ID, period. They get confused when people don't comply. Then the unlawful threats begin.
@@journeyintothebible it truly is. I do better living out in the country and looking at buying land in AZ or even Alaska.
Can anyone answer this question? Can an officer stop and ID you because he suspects you have a concealed pistol? What if you have a CPL?
So what you’re saying is, there’s absolutely no difference in ID and stop and ID state
Technically there is. But in practice, it doesn't matter.
What if the officer lies and makes up something?
YOU suffer the consequences. Cops lie all the time. In fact, most of the time. If you thought the law was concerned with your innocence, you though incorrectly.
This was not clear at all.
Thank you for your comment. The Supreme Court has held Reasonable Articulable Susp. ("RAS") is always necessary. The words "Stop and ID" are misunderstood in the sense people think police don't need RAS if they live in a Stop and ID State. The video explains the charges one could get in a Stop and ID state if there is RAS and ID refusal occurs. Hope this helps.
@@radzwionlaw this simplifies it really well. Thank you. 👍
Good video but more confused then I was about indiana lol
Very good explanation and right on point.
Thank you for your support.
I quit listening when I heard you say that idiotic phrase WITH THAT BEING SAID
Thank you!
there is no law in the USA that requires people to possess "id", or "identification".....
Not for existing, an not yet.
Im still lost
Cops can still arrest you for anything. Better?
Transportation Script - ua-cam.com/video/fzMi0WHduZI/v-deo.html
I think this guy is also confused.
He's not con fused. The law is situational.
There has to be reasonable suspicioun of a “crime”!!! No state can demand ID wout it!!!
WoW! This guy talks a lot without saying much! Get to the damn point….
Thank you for your support. It’s refreshing to spend time making videos for people who will complain about them.
@@radzwionlaw You bring in too much irrelevant information, be more concise in your presentation! From what I’ve seen, you could have have conveyed the same information, in less than 1/2 the time…..but then again, you get paid by the hour……
@@donnieb7660 hahaha paid by the hour that’s a funny joke. Making videos is nothing I get paid to do.
Whether a state is or isn't a stop and ID state a pig has to have gas or PC of a crime to have to id period
There may have been some information in this video but I damn sure ain’t willing to sit and listen to this numbering bastard to try and find it !
Some people just are not good speakers and this is one of those people!
I would fire him as my lawyer the first time he stood up in front of a judge mumbling like he does !
This guy could not win a case in front of any jury that I have ever seen
Thank you for your kind words of encouragement!