Are you willing to give up your fourth amendment rights?

Question

It seems so many people are. Are we becoming more like socialist everyday we allow the police to stop anyone indiscriminately for perceived violations just to check ids?

Have we become so afraid and timid that we will forego the constitution?

If I am walking and stopped by a cop (for no apparent reason, obviously drinking and driving, speeding, walking down the street with a gun is a reason) and asked for ID I don't have to give it. I have committed no crime and the constitution protects my right to anonymity. (Supreme Court already ruled so)

I would advocate that all legal or US citizen hispanics walk down the street. If you get stopped by cops refuse to give ID. If they arrest you, sue them for millions of dollars. Teach the government that it cannot violate your rights.

Lawgoneer

I would argue "being out of place" is not a legitimate reason to be stopped. Just because a neighborhood is predominantly Hispanic does not give a cop the right to stop someone who is white, or vise versa in a white neighborhood.

This is the exact mentality of police that is degrading our constitutional rights to freedom of peaceful movement. I shouldn’t have to be stopped and questioned and lose 10 or 20 minutes of my time, like in your case as a home health nurse.

And I do understand cops are just trying to do their job, but we have these protections in place for a reason. As we turn more and more of this kind of power over to the government they will be able to oppress anyone they feel is “out of place”, maybe to the point where it actually does become a “police state”.

I’m not out to commit crimes or cause trouble etc… I just want the police to leave me alone unless there is verifiable evidence I have done something wrong and go “fishing” somewhere else.

Answer 1

Get the ACLU to back up this plan and agree to provide the lawyers and I will do it.

Answer 2

In many states it is required that you identify yourself to the police. The Supreme Court upheld the right of the state to do this. http://writ.news.findlaw.com/dorf/20040623.html

The 4th Amendment prohibits unlawful search and seizure. Identifying yourself to the police is not a search. Grow up people. Contrary to what you want to believe the police don't go out to harass people. If they stop you they have a reason. You are doing something suspicious or you seem out of place. I have been stopped a few times over the years for appearing "out of place". Identified myself to the officer, explained why I was where I was and they told me to be careful and went on my way. (I worked part time as a home health nurse and because I was a big guy a lot of my clients were in high crime areas. I frequently had to go out at odd hours to see patients who were having problems)

The police are not gathering data on you they are just doing their jobs. Yes there are good and bad cops. Most are good and trying to make a living doing one of the most difficult jobs in the country. I suspect that most of you that have problems with the cops look towards yourself as the solution.

Answer 3

When a cop asks you for something, find out why he wants it. If he gives you stupid nonsense reason, feel free to refuse--the cop does not have the right to know the name of everyone on the street. But if he's looking for something or investigating something, go ahead and help him out--stand on your rights when you feel like a cop has overstretched the limits of his power, but please do help out with any real investigation, a cop's job is hard enough without people starting side arguments over things like that.

By the way, socialism has nothing to do with cops abusing power (though it may be bad in other ways), and no one is getting millions for getting arrested. If you argue with the cop too loud or with a swear word, he can decide it is 'disorderly conduct' and arrest you legitimately. If a court later decides that you weren't disorderly, that wouldn't make it a false arrest automatically. I just want you to be aware that a lot of people who stand up for their rights spend some nights in jail and don't get millions of dollars--they usually end up paying a hundred. It is still worth the fight for some of these people--but I don't want you standing up to a cop and believing that you are in America and can't get arrested. I won't encourage you in nor tell you to avoid acts of civil disobedience, but if you do act out against intrusions on your freedom, be aware that there may be a cost to you personally.

Answer 4

Yes, you can refuse to identify yourself. The police will then make an assertion about your behavior that will allow them to question you further.

Sure, you can sue them. They are doing their job and your action will fail.

The 4th amendment is not a "right of anonymity".

Answer 5

I certainly have not have been given any situation with immigrant regulation being enforced. And police have each astounding to ask human beings for their papers and identity in the event that they have been stopped for some solid reason.

Answer 6

try it and be ready to get locked up until they know who you really are.
Do you have any idea how many people the police are looking for at any time? I am sure we each fit the verbal description and it would require photos and fingerprints to prove you aren't the criminal they are hunting.

Are you trying to get people to defy the law so some illegals can slip through the gaps.

SHAME SHAME SHAME