Tag Archives: Hiibel v. Sixth Judicial District Court of Nevada 542 U.S. 177 (2004)

Man Legally Filming in Public Harassed, Illegally Detained, and Arrested (Multiple Times) by Las Vegas Police

Filming in Public Las Vegas Metro Harassment

Video shows a man, who is legally filming in a public space, being repeatedly harassed, illegally detained, and unlawfully arrested multiple times by police officers from the LVMPD.

If you have videos, stories, upcoming events/protests, or personal interactions with the police (and/or “justice” system) that you would like to share, send them to us and we will do everything we can to bring it to the attention of the world. In addition, you can visit the Nevada Cop Block resources section for information and links to the rights of citizens when dealing with police, during which you should always be filming.

The video embedded below, which was posted to YouTube by Las Vegas attorney Stephen Stubbs, pretty much speaks for itself. (Especially with the text that has been added to it.) Within the video, consisting of a series of different encounters over a course of several days in late October (2017), a Las Vegas man is out filming public areas at or near various police substations. Each time, he is stopped by members of the Las Vegas Metropolitan Police Department, illegally detained, harassed, and on at least two occasions unlawfully arrested.

In spite of what the police say in the video, the Nevada “Duty to Identify” statute (NRS 171.123) only requires a person that has been legally detained to give their first and last names. They are not required to give any other information, such as an address or birth date. Not to mention the fact that the man in the video was never actually legally detained in the first place.

Police parking lots are public property and are open to the general public. The “no trespassing” signs that are referenced in the video only apply to a restricted area behind the building that is gated off. Filming areas that are visible from public spaces is absolutely legal and has been ruled to be a First Amendment protected activity by several courts, including the U.S. Supreme Court.

Watching the video, it’s incredibly obvious that the stated “Reasonable Suspicion” the officers are using to justify their detention of the man are nothing but very flimsy excuses to harass him. As already stated, he isn’t trespassing and filming in public is legal so there was no legal cause to stop him for being in the parking lot. Also, even if “aggressively approaching” their car is even an actual cause to detain someone, that clearly didn’t happen on the video.

Regardless of the fact that he wasn’t legally detained during any of those instances, the man on the video still complies under duress and tells them his name. Therefore, they absolutely have no reason to subsequently arrest him for not telling them his birth date (which he actually does tell them before the final arrest) or any other information beyond his legal name.

The reality, widely known among Las Vegas residents, that this video illustrates is that the LVMPD are just a bunch of bullies who will not hesitate to harass and retaliate against anyone that doesn’t follow their orders, even when those orders are flagrantly unlawful. And contrary to their statements on the video, they quite obviously have not learned much of anything from their past behavior.

Also, while it should be surprising that supervising officers ranking as high as lieutenant are not just involved in the harassment and illegal actions depicted in this video, but actually initiating it, it isn’t for anyone that knows how Las Vegas area police operate. Metro is corrupt and out of control from top to bottom.

And as is commonly the case whenever the LVMPD are in the process of harassing and/or arresting someone on some minor (or non-existent) crime, the dozen or so cops that show up at the end are a great display of how desperately short-handed the Las Vegas Metropolitan Police Department is these days.

Related Content on NVCopBlock.org:

“What Happened in Vegas” Documentary; LVMPD Racial Profiling, False Arrest Case Featured on Las Vegas’ Local ABC Station

As I reported yesterday, Silk Galloway will be in court at 1:30pm today (Wednesday, June 28th) for a motion hearing regarding his case within Municipal Court Department 2, room 5B. During that hearing, he will be asking that the ridiculous and false obstruction charge that he is facing be dropped.

Last night, “KTNV Channel 13 Action News,” Las Vegas’ local ABC affiliate, featured a story about his case. Within that coverage they also mentioned that Galloway’s assault and false arrest by a “Saturation Team” from the Las Vegas Metropolitan Police Department was included in an anti-police brutality documentary that will be opening in theaters in August.

In addition to the racial profiling of Galloway, “What Happened in Vegas,” by Ramsey Denison, focuses on the murders of Erik Scott, Trevon Cole, Stanley Gibson, and Tashii Brown, as well as other abuses and the cover up of those abuses by the LVMPD.

Via KTNV.com:

Galloway, who was a passenger in the car, has been charged with obstruction in the case that dates back to 2015.

His attorney, Stephen Stubbs, is asking those charges be dismissed.

That motion is set for a hearing on Wednesday afternoon.

It all started when Las Vegas police pulled over the car Galloway was in.

“The officer looks over at me and says, ‘do you have your Id?’ and I said yes. He said, ‘may I have it? and I said no you may not,” Galloway said in an interview for the documentary “What Happened in Vegas”.

Stephen Stubbs says his client was correct there.

“They demanded the ID and he said no. Rightfully. Silk was right on the law,” Stubbs said.

It was just after that point that Galloway started recording with a GoPro camera on his dash.

It eventually captured him being pulled from the car.

“I’m going to give you to the count of three or I’m going to pull you out,” an officer is heard saying in the video.

Stubbs points out the officer didn’t start counting like he said he would before pulling Galloway out, but says he was more disturbed by what followed.

“The police did not act right here, and my clients rights were violated,” Stubbs said.

When they didn’t find anything, the officers, apparently unaware the camera was recording, are overheard talking about the results.

“Do what you got to do, because we gotta find something,” an officer is heard saying on the GoPro video.

Officers eventually took Galloway to jail on obstruction charges.

“They treated him like an animal. They took him to jail. They arrested him and they cavity searched him,” Stubbs said.

Various groups within the community have called for courtroom support for Galloway during this hearing. In addition, there will be a short rally outside, beginning at noon, to show that support and bring attention to the issues involved in this case. Afterwards, people will be encouraged to attend the hearing as well, in order to show that the community stands with Silk Galloway and will not stand idly by during this miscarriage of justice.

People are welcome to bring signs or other relevant materials to the rally, although you won’t be able to bring them to the courtroom. There should be enough time in between to put them away.

Preview of “What Happened in Vegas”

Video Featuring Police Body Camera Footage and GoPro Video

Original GoPro Video

Related Posts Submitted By or About Stephen Stubbs:

Stephen-Stubbs-CopBlockThose of you that have followed CopBlock.org over the past several years are probably already aware that Stephen Stubbs has been a frequent subject of posts on  NVCopBlock.org. He often represents bikers and motorcycle organizations, whom are frequent targets of harassment from the police. In addition, I have personally worked with Stephen in the past on several occasions through Nevada Cop Block on issues or cases involving his clients or on know your rights seminars he has done within the Las Vegas area.

Therefore, there is a pretty lengthy (and growing) list of posts on the Nevada Cop Block site involving Stephen Stubbs, his clients, and/or people or groups he is associated with. Included below are links to those posts.

Update: Demonstration and Courtroom Support for Silk Galloway; LVMPD Racial Profiling, False Arrest Victim

“Do what you gotta do ’cause we gotta find something.”

That quote comes from the instructions that LVMPD Lt. Connell gave to one of the officers working as part of a “Saturation Team” just after they had pulled over Solomon “Silk” Galloway (Galloway commonly goes by his middle name), then assaulted and falsely arrested him in February of 2016.

Realizing that they didn’t have any actual crime to charge him with, they quickly came to the conclusion that they had to “find something” to retroactively justify that arrest. Unbeknownst to them, the entire illegal search, including those instructions to just “find something,” was being recorded by a GoPro camera inside the car.

Prior to that, Galloway and a co-worker had been pulled over under the pretense they had been speeding. However, as reported here previously, the body camera footage released later (embedded below) actually shows the speedometer in the police vehicle that pulled them over, proving that they weren’t speeding at the time. Instead, it appears to simply be a case of racial profiling which they then unnecessarily escalated into the eventual false arrest.

Racial profiling is pretty much what saturation teams were created to do, so that kinda goes without saying. When Galloway refused to cooperate with their unlawful orders to present ID, even though he as the passenger of the vehicle was under no obligation to do so, they decided they would arrest him and “find something” later. Unfortunately, they were never actually able to “find something.” There were no drugs or anything else illegal on him or within the car.

Instead, they decided to charge Galloway with “obstruction,” which is otherwise known as “contempt of cop.” Over a year later, the Las Vegas Metropolitan Police Department and Clark County County District Attorney Steve Wolfson continue to push forward with this ridiculous charge. Tomorrow, Wednesday June 28th, Galloway will be in court at 1:30pm for a motion hearing regarding his case within Municipal Court Department 2, room 5B.

Various groups within the community have called for courtroom support for Galloway during this hearing. In addition, there will be a short rally outside, beginning at noon, to show that support and bring attention to the issues involved in this case. Afterwards, people will be encouraged to attend the hearing as well, in order to show that the community stands with Silk Galloway and will not stand idly by during this miscarriage of justice. People are welcome to bring signs or other relevant materials to the rally, although you won’t be able to bring them to the courtroom. There should be enough time in between to put them away.

Among the many issues already discussed previously, some members of the community have questioned whether the judge in the case, Susan Roger, has a conflict of interest since her husband, David Roger, works as the lawyer for the Las Vegas Police Protective Association (LVPPA). As a result, they are asking for her to recuse herself from this case. While that won’t happen (because she would then have to recuse herself from any case involving the police) it serves as a good reminder of David Roger’s own conflicts of interest.

For those not aware, David Roger was the District Attorney during the “investigations” of the murders of Erik Scott and Trevon Cole by Las Vegas police officers. He resigned shortly after the murder of Stanley Gibson by Officer Jesus Arevalo while that “investigation” was still underway to accept a position as the LVPPA’s lawyer. So, he went from the head of the department that absolutely refused to file any charges against police officers when they kill someone on duty to the guy who officially defends them for the police union.

Video Featuring Police Body Camera Footage and GoPro Video

Original GoPro Video

Related Posts Submitted By or About Stephen Stubbs:

Stephen-Stubbs-CopBlockThose of you that have followed CopBlock.org over the past several years are probably already aware that Stephen Stubbs has been a frequent subject of posts on  NVCopBlock.org. He often represents bikers and motorcycle organizations, whom are frequent targets of harassment from the police. In addition, I have personally worked with Stephen in the past on several occasions through Nevada Cop Block on issues or cases involving his clients or on know your rights seminars he has done within the Las Vegas area.

Therefore, there is a pretty lengthy (and growing) list of posts on the Nevada Cop Block site involving Stephen Stubbs, his clients, and/or people or groups he is associated with. Included below are links to those posts.

Update: Racial Profiling Case by LVMPD Saturation Team Body Cam Videos Show No Original Cause for Stop

In May of 2016, I reported on the case of Solomon Galloway, a Las Vegas man who was illegally detained, assaulted, and falsely arrested by one the Las Vegas Metropolitan Police Department’s “Saturation Teams” in February of that year. At the time, Galloway was the passenger in a vehicle driven by a co-worker, which had been stopped under the stated claim that he was speeding (more on that below).

The original pretense for that arrest and accompanying violent, illegal actions was Mr. Galloway’s refusal to identify himself. However, the passenger in a vehicle that has been stopped for a traffic violation is not considered a party to that infraction. As a result, they are not under any obligation to identify themselves. In fact, legally Galloway could have gotten out of the car and walked away from the traffic stop. (Since the actions of the driver do not represent the “reasonable suspicion” required to legally detain a passenger, they are “free to go.”)

Lacking a legitimate reason to detain Galloway, let alone arrest him, Metro’s designated harassment squad settled on the old standby of “I smelled pot.” They then embarked on a fruitless and illegal search of the car to hopefully find something to justify their illegal against against their victim. In the process, they even discussed amongst each other their need to “do what ever you gotta to do, because we gotta find something.” Unfortunately for them, they didn’t find anything at all.

Even more unfortunately for them, Galloway had placed a GoPro camera on his dashboard, which he turned on just after they were stopped. Unbeknownst to them, the entire incident, including the illegal search and that incriminating conversation, had been recorded on the GoPro. That included a statement from the supervisor on the scene, Lieutenant Connell, that they should “just arrest his ass and strip him,” once they finally gave up on finding anything to rationalize their actions. Galloway was then falsely arrested, taken to jail, and subjected to a humiliating and illegal strip search. All of which still failed to justify the obstruction charge that they eventually settled on.

It was already incredibly obvious from the GoPro video (which was later featured in a documentary about corruption among Las Vegas police entitled, “What Happened in Vegas“) that the LVMPD officers involved were completely lying and fabricating a reason to justify what they knew was a false arrest (and illegal demand for ID to begin with). Now however, body cam footage from the officer that initiated the stop, as well as another officer that participated in the assault on Galloway, have been released as part of discovery. One of the interesting aspects of those body camera videos is that in the beginning of the first officer’s footage you can actually see his speedometer as he’s driving. What that shows is that even the original justification for the stop was based on a lie.

Contrary to that officer’s claims about their speed (which fluctuated at various points in the video between them going either 55 or 65 mph when he pulled them over), they were in fact going below the 45 mph speed limit. Therefore they didn’t even have legal cause to pull them over in the first place. Nor did they have the reasonable suspicion of a crime necessary to justify detaining even the driver of that vehicle. That makes it even more obvious that everything that was done to Galloway, who was the passenger, after the illegal traffic stop was initiated was both unjustifiable and illegal, as well.

The badly disguised reality is that this was nothing more than a case of racial profiling and simple harassment. The LVMPD deploys what they call saturation teams into certain neighborhoods they have decided they want to concentrate on. These saturation teams descend upon those neighborhoods looking for any excuse to stop and harass the residents who live there. Even such minuscule “crimes” as jaywalking on a residential street or having a bicycle without a reflector are used to justify demanding ID from and attempting to question a person.

They are essentially just playing the odds in the hope that if they harass enough people within a chosen area they will find a certain percentage of individuals who have warrants or something illegal on them and that are willing to consent to a search to justify an arrest. Statistically, that makes the department look good, but it doesn’t make up for the fact that the vast majority of the people in any given neighborhood are not actually criminals and don’t deserve to be indiscriminately harassed because a cop has arbitrarily decided they “do not belong” in that neighborhood.

The other side of that equation is that the areas that the LVMPD targets for their saturation teams are invariably those inhabited predominantly by poor and minority residents. In fact, some years ago a Metro spokesperson went so far as to explicitly state to the Las Vegas Review Journal that they would not use saturation tactics against residents living in the wealthy suburb of Summerlin.

As is noted in the video’s title, Galloway and his friend were stopped because they were people of color driving an expensive car within a geographical region that the LVMPD had deemed to be suspect. Everything that happened after that was a result of him not “respecting their authoritah.” An authority that they did not legally have and that he had every legal (and moral) right not to respect.

Video Featuring Police Body Camera Footage and GoPro Video

Original GoPro Video

Related Posts Submitted By or About Stephen Stubbs:

Stephen-Stubbs-CopBlockThose of you that have followed CopBlock.org over the past several years are probably already aware that Stephen Stubbs has been a frequent subject of posts on  NVCopBlock.org. He often represents bikers and motorcycle organizations, whom are frequent targets of harassment from the police. In addition, I have personally worked with Stephen in the past on several occasions through Nevada Cop Block on issues or cases involving his clients or on know your rights seminars he has done within the Las Vegas area.

Therefore, there is a pretty lengthy (and growing) list of posts on the Nevada Cop Block site involving Stephen Stubbs, his clients, and/or people or groups he is associated with. Included below are links to those posts.

Make Sure You Know How to Assert Your Rights When Harassed and/or Profiled by Police

The following video and the description accompanying it were shared with the CopBlock Network by Rudy Gonzalez Jr., via the CopBlock.org Submissions Page.

This submission is one of the better videos I’ve seen showing how to calmly, yet firmly, assert your rights and handle yourself when being harassed by the police. And obviously the first thing he does right is filming his interaction with the officers. It begins with Officer Deleon stating that he needs to see Gonzalez’ ID to make sure he “isn’t an illegal alien.” Deleon further states that this is based on the fact that Gonzalez is walking close to a border fence at night.

This is a pretty blatant case of profiling, based on the fact that Gonzalez is of Latino origin. I have very little doubt that if someone of another ethnicity were doing the same that it would be unlikely they would be stopped to check if they are in the country legally. Gonzalez subtly points that out by asking Deleon why he suspects that he is in the country illegally. And of course, much like someone shouldn’t have to prove that they “belong” in a certain neighborhood based on their appearance, people shouldn’t have to arbitrarily prove that they are a citizen (without even going into the many abuses justified and perpetuated by border controls and the hysteria surrounding them) based solely on their appearance, either.

A rather interesting exchange is when Officer Deleon begins asking Gonzalez questions about whether he has any weapons on him and responds to Gonzalez asking for his name and badge number by asking for his name. Each time, Gonzalez asserts his Fifth Amendment right to remain silent by stating, “I don’t answer questions.” In a frustrated voice, Deleon says, “you like to ask questions, though.” As a matter of fact, that is the exact proper way people should handle being questioned by police. The best course of action is to refuse to answer any questions and any conversation that you have with a cop should be to question them about the legalities of the situation in order to clarify if they are being accused of a crime. (Also, in order to get them on record stating what, if any, crime they think you might have committed or admitting that they don’t have any reason to suspect you of a crime.)

Toward the end of the video, Gonzalez turns the tables a bit and begins asking Officer Deleon if he and Officer Spinoza are “illegals.” He follows that up by stating that he needs Deleon to show him three forms of ID to establish if he is in the country legally. The real cherry on top of the whole exchange is when Deleon responds by again requesting ID from Gonzalez.

Gonzalez correctly explains that, unlike police officers, citizens aren’t required to provide ID unless they are suspected of committing a crime (and therefore legally detained) citing the Brown vs. Texas case. Another, more recent, case that pertains to requirements to produce ID is Hiibel v. Sixth Judicial District Court of Nevada, in which the U.S. Supreme Court ruled that police could arrest someone for refusing to identify themselves, but only if they have reasonable suspicion to believe that someone has or was in the process of committing a crime.

In both cases, it was also ruled that citizens are not required to produce physical ID unless they are driving. They are only required to verbally identify themselves. In addition, the requirement even with reasonable suspicion only applies to states that have “stop and identify” statutes. Currently, there are twenty-four such states. The other states require an arrest in order to compel someone to provide identifying information.

Shortly after that, Gonzalez asks, “are you accusing me of committing a crime” and then when Deleon responds that he isn’t asks the Magic Question that lets you know whether you are being detained or just being harassed – “am I being detained?” When Officer Deleon states that he is not being detained, Gonzalez follows up with “then I’m free to go?” Once again Officer Deleon confirms that he is free to go and therefore not being detained. At that point, Gonzalez does the smart thing and simply leaves.

Date of Incident: December 08, 2016
Officers Involved: Officer Deleon Badge #208, Officer Spinoza Badge #858
Department Involved: San Luis (AZ) Police Department
Department Phone No.:
928-341-2420
Department Contact Page:
Contact Us

Video Description (via Youtube):

I was walking home from my job in San Luis, AZ at 1:31am on December 08, 2016. While between San Luis and Gadsden, I was approached by a police officer who accused me of being an illegal immigrant. This is the video and audio documentation.

– Rudy Gonzalez Jr.

If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it. You can find some advice on how to get your submission published on the CopBlock Network within this post.

Click the banner to submit content to CopBlock.org

Click the banner to submit content to CopBlock.org

Las Vegas Metro Police Illegally Search; Sexually Assault Innocent Man to Justify Bullshit Arrest

The video accompanying this post was shared with Nevada Cop Block by Solomon “Silk” Galloway, via the NVopBlock.org Submissions Page. It shows his arrest in February of this year by members of a Las Vegas Metropolitan Police Department “saturation team.”

The video was posted to the YouTube channel of his attorney Stephen Stubbs and includes a verbal description of the incident by Stubbs, interspersed within footage of the actual arrest and the officers’ actions afterward.

In addition, posted with the video was this description on Youtube:

On February 28, 2016, LVMPD decided to do a saturated patrol in a poor, black, Las Vegas neighborhood. Their purpose was to do “proactive stops” there (per Lieutenant Connell).

Mr. Galloway, the suspect in this case, knew more about the law than all of these police officers. There was no reasonable suspicion that Mr. Galloway was involved in criminal activity, and thus Mr. Galloway had no duty to identify himself. Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004). The driver was pulled over for speeding, not the passenger. No reasonable suspicion for the passenger.

Then, LVMPD tried to conjure up a marijuana charge, and even arrest him to strip search him.

Not knowing that they were being recorded, LVMPD admitted that they didn’t actually smell the weed, and one officer even told another officer : “Well, yeah, do what you gotta do, because we gotta find somethin.”

Date of Incident: February 28, 2016
Officers Involved: Officer Legraves, Officer Unrich, Lt. Connell – also several additional unidentified officers
Department Involved: Las Vegas Metropolitan Police Department
Contact Phone Number: (702) 828-3111
Internal Affairs Bureau: (702) 828-3422
Facebook Page: Las Vegas Metropolitan Police Department
Twitter Account: @LVMPD
LVMPD on Yelp Las Vegas Metropolitan Police Department (Give ’em a Review)
LVMPD Mailing Address: 400 South MLK Blvd., Las Vegas, NV. 89106

I’ve personally written several times already about the LVMPD’s saturation teams and the many problems with them, both from a Constitutional standpoint and well beyond that. What they do is descend upon certain neighborhoods and harass the residents of that area by finding any vague and arbitrary reason to stop whoever is unlucky enough to cross their path during the duration of that organized campaign of harassment.

Things as trivial as “jaywalking” or riding a bike without reflectors within a residential neighborhood becomes a pretense for them to detain and investigate or possibly search someone. Essentially, they are just playing the odds that if they stop enough random people within certain neighborhoods they will catch enough people with warrants or in possession of drugs to justify their efforts.

Meanwhile, even in what is considered “high crime areas” it is only a very small percentage of people living there that actually commit crimes. Even in that respect, the vast majority of those “criminals” are only guilty of non-violent, victimless crimes such as drug possession. The effective result is that anyone living within the targeted neighborhoods ends up being harassed and bullied based on the actions of a very small group of people.

The thing that should not be surprising at all is that the targets for these saturation patrols are invariably neighborhoods inhabited by minorities and poor people. In fact, the LVMPD has explicitly stated that they won’t carry out these sort of attacks in Summerlin, which is a wealthier suburb of Las Vegas.

I generally make a point of questioning cops about saturation patrols whenever I and other members of  Nevada Cop Block crash the silly PR events such as “Coffee With a Cop” that the police use to pretend they are a part of the community or when they throw (poorly attended) “officer appreciation” rallies for themselves. Their usual justification is that they only harass those who “don’t belong” in those neighborhoods. Take a wild guess who gets to decide whether someone belongs within a neighborhood.

This video and the accompanying narration are a prime example of why saturation patrols are both unconstitutional and immoral. From a Constitutional standpoint, as Stephen Stubbs points out in the video, they never had probable cause to so much as detain Mr. Galloway, let alone arrest him. Obviously, that means everything they did on that video, including pulling him from the car, physically assaulting him during the arrest, they arrest itself (AKA kidnapping), and searching the car afterwards were illegal.

The lack of morals they display in trying to justify those acts is even more apparent. Since they don’t realize at the time that they are being recorded during their illegal search, these Good Cops come right out and say several times that they “gotta find something” (i.e. any excuse) to justify the illegal acts they had already subjected Mr. Galloway to.

In spite of every vile effort on their part to do so, they found absolutely nothing that could be twisted into a reason to carry out their attack on him. So, the next logical step (in a cop’s twisted little mind) would be to arrest Mr. Galloway and subject him to a strip search that would be properly characterized as a sexual assault if anyone not wearing a Police Officer’s Magical Uniform were to do it. After which they still hadn’t found anything illegal.

And that in and of itself is the biggest threat created by tactics such as saturation patrols. In spite of the supposed intent and carefully worded rationalizations, the very real truth is that perfectly innocent and upstanding people end up being abused because the biased predators swarming their chosen neighborhoods decide arbitrarily that they might not belong there. Then for equally arbitrary reasons, such as them knowing and valuing their rights or just not properly respecting their authoritah, they start looking for somethin’ to justify locking up and ruining the lives of those innocent people.

Fortunately for Mr. Galloway, he had the foresight and wisdom to film the police and catch them in the act this time.

Related Posts Submitted By or About Stephen Stubbs:

Stephen-Stubbs-CopBlockThose of you that have followed NVCopBlock.org over the past several years are probably already aware that Stephen Stubbs has been a frequent subject of posts on Nevada Cop Block. He often represents bikers and motorcycle organizations, whom are frequent targets of harassment from the police. In addition, I have personally worked with Stephen in the past on several occasions through Nevada Cop Block on issues or cases involving his clients or on know your rights seminars he has done within the Las Vegas area.

Therefore, there is a pretty lengthy (and growing) list of posts on Nevada Cop Block involving Stephen Stubbs, his clients, and/or people or groups he is associated with. Included below are links to those posts.

 

“Let Me See Your I.D.” Stop and Identify Statutes – Know Your Rights

Stop and ID Statutes Map States Nevada Cop Block

Everyone should know their rights regardless, but it’s even more essential that you do if you intend to go out and film the police. Therefore, you should know if the state you live in has passed “stop and identify” statutes. If that is the case, then you should also know what is and isn’t required under such laws.

In 24 states police may require you to identify yourself. (If they have reasonable suspicion that you’re involved in criminal activity.)

“Stop and identify” statutes are laws in the United States that allow police to detain persons and request such persons to identify themselves, and arrest them if they do not.

Except when driving, the requirement to identify oneself does not require a person who has been detained to provide physical identification. Verbally giving identifying information is sufficient to satisfy that requirement.

In the United States, interactions between police and citizens fall into three general categories: consensual (“contact” or “conversation”), detention (often called a Terry stop), or arrest. “Stop and identify” laws pertain to detentions.

Consensual

At any time, police may approach a person and ask questions. However, the person approached is not required to identify himself or answer any other questions, and may leave at any time.

Police are not usually required to tell a person that he is free to decline to answer questions and go about his business. A person can usually determine whether or not the interaction is consensual by asking, “Am I free to go?”

Detention

Police may briefly detain a person if they have reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Embedded below are videos from Flex Your Rights describing what reasonable suspicion is and when you are required to provide ID to the police. Police may question a person detained in a Terry stop, but in general, the detainee is not required to answer.[10] However, many states have “stop and identify” laws that explicitly require a person detained under the conditions of Terry to identify himself to police, and in some cases, provide additional information. (As of February 2011, the Supreme Court has not addressed the validity of requirements that a detainee provide information other than his name.)

Arrest

A detention requires only that police have reasonable suspicion that a person is involved in criminal activity. However, to make an arrest, an officer must have probable cause to believe that the person has committed a crime. Some states require police to inform the person of the intent to make the arrest and the cause for the arrest. But it is not always obvious when a detention becomes an arrest. After making an arrest, police may search a person, his or her belongings.

Variations in “stop and identify” laws

  • Five states’ laws (Arizona, Indiana, Louisiana, Nevada, and Ohio) explicitly impose an obligation to provide identifying information.
  • Fourteen states grant police authority to ask questions, with varying wording, but do not explicitly impose an obligation to respond:
  • In Montana, police “may request” identifying information;
  • In 12 states (Alabama, Delaware, Illinois, Kansas, Missouri, Nebraska, New Hampshire, New York, North Dakota, Rhode Island, Utah, Wisconsin), police “may demand” identifying information;
  • In Colorado, police “may require” identifying information of a person.
  • Identifying information varies, but typically includes
  • Name, address, and an explanation of the person’s actions;
  • In some cases it also includes the person’s intended destination, the person’s date of birth (Indiana and Ohio), or written identification if available (Colorado).
  • Arizona’s law, apparently written specifically to codify the holding in Hiibel, requires a person’s “true full name”.
  • Nevada’s law, which requires a person to “identify himself or herself”, apparently requires only that the person state his or her name.
  • In five states (Arkansas, Florida, Georgia, New Hampshire, and Rhode Island), failure to identify oneself is one factor to be considered in a decision to arrest. In all but Rhode Island, the consideration arises in the context of loitering or prowling.
  • Seven states (Arizona, Florida, Indiana, Louisiana, New Mexico, Ohio, and Vermont) explicitly impose a criminal penalty for noncompliance with the obligation to identify oneself.
  • Virginia makes it a non-jailable misdemeanor to refuse to identify oneself to a conservator of the peace when one is at the scene of a breach of the peace witnessed by that conservator.

What is Reasonable Suspicion?

When Are You Required to Provide ID to the Police?