4th Amendment Test Detained And Almost Arrested For Fail To ID
833.5. (a) In addition to any other detention permitted by law, if
a peace officer has reasonable cause to believe that a person has a
firearm or other deadly weapon with him or her in violation of any
provision of law relating to firearms or deadly weapons the peace
officer may detain that person to determine whether a crime relating
to firearms or deadly weapons has been committed.
For purposes of this section, “reasonable cause to detain”
requires that the circumstances known or apparent to the officer must
include specific and articulable facts causing him or her to suspect
that some offense relating to firearms or deadly weapons has taken
place or is occurring or is about to occur and that the person he or
she intends to detain is involved in that offense. The circumstances
must be such as would cause any reasonable peace officer in like
position, drawing when appropriate on his or her training and
experience, to suspect the same offense and the same involvement by
the person in question.
(b) Incident to any detention permitted pursuant to subdivision
(a), a peace officer may conduct a limited search of the person for
firearms or weapons if the peace officer reasonably concludes that
the person detained may be armed and presently dangerous to the peace
officer or others. Any firearm or weapon seized pursuant to a valid
detention or search pursuant to this section shall be admissible in
evidence in any proceeding for any purpose permitted by law.
STORY HERE – http://junkyarddog911.blogspot.com/2016/01/detained-in-laguna-beach-california-why.html
(1-15-2016) Detained and almost arrested for fail to ID in Laguna Beach California. Not wanting to miss the Chiefs Vs Patriots game tomorrow I decided to drop the tripod case on the ground and it worked, I was released without giving my ID.
COURTS OPINIONS ON ID REFUSAL Unlike Nevada and other states, California does not have a statute mandating that a detainee identify himself, and that obligation cannot be read into Penal Code section 148. Although you may take whatever steps are necessary under the circumstances to ascertain the identity of a person you have lawfully detained. Hiibel “In the ordinary course a police officer is free to ask a person for identification without implicating the Fourth Amendment.” Since Terry, it has been clear that a police officer who reasonably suspects that a person is involved in criminal activity may detain a person long enough to dispel that suspicion. Questions related to a person’s identity are a “routine and accepted part of many Terry stops.” Knowing a person’s identity may, of course, help to clear a suspect and divert the attention of the police to another suspect. On the other hand, knowing the suspect’s name may just as quickly confirm to the officer that the person is wanted for another, unrelated crime. In cases such as this, where the police are investigating a domestic dispute, officers “need to know whom they are dealing with in order to assess the situation, the threat to their own safety, and possible danger to the potential victim.” “The request for identity has an immediate relation to the purpose, rationale, and practical demands of a Terry stop. The threat of criminal sanction helps ensure that the request for identity does not become a legal nullity.” Balancing the intrusion into the individual’s privacy against the extent to which the stop-and-identify law promotes legitimate government interests,
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