Papers Citizen

[Hawktel]

FORT WALTON BEACH — A 47-year-old man was charged April 23 with misdemeanor resisting officer without violence.

According to the Okaloosa County Sheriff's report, a deputy spotted the man walking in the middle of Tilden Avenue, which is known to be a high-crime area.

When the deputy stopped the man and asked for his identification, the man replied, "(Expletive) you, that's for you to figure out."



Deputy asks for man's name, man replies, 'That's for you to figure out' | fort, name, asks - Northwest Florida Daily News

[Rick Lee]

Some states have "stop and identify" laws and FL happens to be one of them. Too bad this guy didn't know the law and baited the cop by walking in traffic. Play stupid games, win stupid prizes.

[944Larry]

20 miles from my house. Lucky he didn't get shot. The law takes no crap here.

[RWebb]

I've always wondered if the "stop and identify" laws are Constitutional - this may not be the best test case tho...

[mnewport]

I thought the Supreme Court ruled long ago that citizens weren't required to produce ID unless they were driving or suspected of a crime.

[Rick Lee]

Originally Posted by mnewport

I thought the Supreme Court ruled long ago that citizens weren't required to produce ID unless they were driving or suspected of a crime.

Not true.

But in this case, the cop had decent PC that the man is drunk in public and could thus detain him with or without FL's stop and ID law.

[cashflyer]

Florida does not have a 'stop and identify' law per se - it has a "loitering and prowling" law.

Statutes & Constitution :View Statutes : Online Sunshine


The supreme court did rule that being required to disclose your name did not violate constitutional rights, however has never ruled on whether being required to provide papers was a violation.

The supreme court also ruled that any state that enacts a 'stop and identify' law must require the officer to have reasonable and articulable suspicion of criminal involvement prior to detaining and questioning the "suspect".
Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004)

http://www.policeone.com/columnists/lom/articles/120321-Stop-Identify-Can-an-officer-arrest-a-suspect-for-failing-to-provide-ID/

http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=382&issue_id=92004

[Rick Lee]

Even in states without such laws, a cop can still walk up to you and ask for ID. If you don't know you don't have to produce such, then that's too bad. If you tell him you don't wish to speak with him and want to be on your way, you're covered. If you tell him to eff off, he then has you for disorderly conduct (at the least) and can detain you until your identity is verified. In this case the guy was walking in the middle of a road, which would scream out "public intox" to me and therefore be RAS for a contact.