Privacy Law

[c9]

It's a Crime to Refuse to Reveal Your Name to Police in USA (if a state passes a law saying so, the US Supreme Court has said it's OK)

I wonder what the laws are in Canada...

Comments

[stargazen.livejournal.com]

ID issue yes... Its great to have on the books..

Do you carry around an ID with you when your out and about? (probably yes) so your not the problem that police are going after in that case... Do you tell the police officer your name or your address when asked... probably... 99% of people do... its the 1% of people that will refuse to because allot of criminals know they have warrants out for their arrest.. If they give you their real name the officer will find out.. and to jail they go.. but if they refuse then that means they can go free?

We do have in the maranda warning the right to remain silent, however maranda warnings MUST only be given if your going to ask them questions... If they are under arrest and you dont care what they say they its not nessary to 'read them their rights' Simply arresting somebody and transporting them to jail... Meh.. who cares what they say.. If they decide to open up and have dieraha of the mouth, then its considered a spontaneous unsolicited statement

The law is used mostly for reasons to haul people in that there is probable cause to stop them however the officer does not have reasonable suspicion to arrest them... But by not identifying themselves to the officer gives them reasonable suspicion... and off to booking they go... and if they dont give a name they get arrested under "John Doe" and are fingerprinted.. And if AFIS (Automated Finger Identification System) hits on them with a name, then that is their name.. If it does not, they can sit there a few days until they remember who they are.

Now onto cops... 95% of the time the officer has a reason or want to know who you are, they are legally entitled to it for an investigational purpose, or to write a situation, or arrest somebody. Police CAN NOT just go walking down the street and demanding people produce identification... They MUST be able to later provide a reason for such a request. If you are arrested to identify yourself and the officer as no reason to ask for your id, and are arrested, what reason is he arresting you for? Not proving his identity. the next question the court is going to ask, is why the officer wanted ID in the first place.
SO yes I do believe its a good law, being there is a check and balance system in the tail end of it to make sure the power is not abused.

[stargazen.livejournal.com]

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