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In USA at routine "traffic check" DO I have to give my name?

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posted on Jun, 21 2004 @ 07:39 AM
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If you have seen alex jones 911 the road to tyranny then you will see what im talking about.

A woman was driving thru a checkpoint in USA, a normal one, and she was asked her name and she refused and the cops basically reached into her car and forceably removed her.

I would like to know where I can do research on that.

thanks



posted on Jun, 21 2004 @ 10:37 AM
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Is a police state really coming to America??

All the sites I have read about camps already built in the States and marshall law coming soon there...do you think this will happen?

The only thing that could make this a reality would be a massive second strike on USA, making 911 look like a tea party. But even after that do you believe there will be total marshall law in America?

The greatest irony of the 21 st Century so far is a nation that invades far away foreign lands to bring "democracy" but at the same time this nation passes laws to make their own democracy null and void! The law is already passed , all that needs to happen now is a trigger to push it into effect. If there is another attack on US soil, one much greater than 911, and I was living in American, that would be the day I left.



posted on Jun, 21 2004 @ 10:44 AM
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WASHINGTON (AP) -- The Supreme Court ruled Monday that people do not have a constitutional right to refuse to tell police their names.

The 5-4 decision frees the government to arrest and punish people who won't cooperate by revealing their identity.

The decision was a defeat for privacy rights advocates who argued that the government could use this power to force people who have done nothing wrong to submit to fingerprinting or divulge more personal information.

Police, meanwhile, had argued that identification requests are a routine part of detective work, including efforts to get information about terrorists.

www.cnn.com...

The ruling was a follow up to a 1968 decision that said police may briefly detain someone on reasonable suspicion of wrongdoing, without the stronger standard of probable cause, to get more information. Justices said that during such brief detentions, known as Terry stops after the 1968 ruling, people must answer questions about their identities.

Justices had been asked to rule that forcing someone to give police their name violated a person's Fourth Amendment protection from unreasonable searches and the Fifth Amendment right against self-incrimination.


Why wouldn't you want to give the police your name? What do you have to hide? I always thought it was law that you had to be able to prove who you were at all times ?



posted on Jun, 21 2004 @ 10:48 AM
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Police state? How the hell is telling the police your name equivalent to a police state? A little too much paranoia perhaps.

Its just your name, you have to show your drivers license if asked, why would you be worried about telling your name if asked?



posted on Jun, 21 2004 @ 10:48 AM
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Perhaps you would be interested in this story


Bloomberg - Suspects Can Be Forced to Give Names, U.S. Court Says
Police can arrest criminal suspects for refusing to identify themselves, the U.S. Supreme Court ruled in a decision that puts new limits on constitutional rights.

The justices, voting 5-4, upheld the 2000 misdemeanor conviction of Larry Hiibel, a Nevada man who refused to give his name to a sheriff's deputy investigating a reported assault.

If you have the right to remain silent, and you are not required to testify against yourself, how can they require you to state your name. Once arrested you can remain silent. Do criminals have more rights than free people? It appears that some times they do.



posted on Jun, 21 2004 @ 11:08 AM
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Since any Police Officer can just look at the license plate on your car and get your name and registration info in minutes from the DMV, not giving your name to them serves no purpose and accomplishes nothing except making them think there may be a reason that you are not cooperating.

Is that right or fair? Possibly not, but that is the way it works.



posted on Jun, 21 2004 @ 11:13 AM
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I think regardless of the law, you're always best giving your name because they're only going to keep you hanging around if you don't. If they arrest you and you don't give your name they just don't let you go.. you can't bail someone without a name!

[edit on 21-6-2004 by muppet]

[edit on 21-6-2004 by muppet]



posted on Jun, 21 2004 @ 11:44 AM
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Originally posted by Ambient Sound
Since any Police Officer can just look at the license plate on your car and get your name and registration info in minutes from the DMV, not giving your name to them serves no purpose and accomplishes nothing except making them think there may be a reason that you are not cooperating.

Is that right or fair? Possibly not, but that is the way it works.


The police can run the plates to see who the vehicle belongs to, or if the plates could possibly be stolen.

It does not identify who is operating the vehicle, this is done by requesting a drivers license, id card etc from the operator in the car at the time of the stop.

The only thing that could be wrong about asking for id is if the police had no probable cause to pull the vehicle over in the first place, if there is probale cause than it is something that is normal procedure.

Also, you are read your rights (Miranda), when being placed under arrest, so to say you have the right to remain silent would not apply to a routine traffic type situation.

It is hard enough to be an officer of the law these days without the speculation that they are part of a master plan to take control in a police state.

For the most part the police is trying their best to do their job and make the country a safer place for you and me.


edit: Miranda from Veranda lol, my Richmond season tickets are in the Veranda section, thx
GrnKoolAid

[edit on 22-6-2004 by JacKatMtn]

[edit on 22-6-2004 by JacKatMtn]

[edit on 22-6-2004 by JacKatMtn]



posted on Jun, 21 2004 @ 12:32 PM
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well people we can have it both ways, we want security and freedom. its a tangled up road there. i dont see anything wrong with tellin the cops your name. its routine.



posted on Jun, 21 2004 @ 12:40 PM
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Originally posted by JacKatMtn
[Also, you are read your rights (Veranda), when being placed under arrest, so to say you have the right to remain silent would not apply to a routine traffic type situation.



Your Veranda rights. You have the right to sit on the porch. You have the right to enjoy the sun and the cool breeze. You have the right to drink lemonade, if you can not afford lemonade then ice tea will be provided for you.

Sorry, couldn't resist.



posted on Jun, 21 2004 @ 12:41 PM
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When it comes to traffic stops, I dont see what the big deal is.

Driving is a privilage, not a right. In order to drive, you must give the state your name and personal information.

If the cop asks you, your are obligated to tell. Why? Since you already signed the paper to drive on US roads, that means you also have no right to keep your name from a cop who asks.

This whole thing is stupid. Giving your name to a cop is not a breach of your rights. You give your name to the phone company, your landlord, all sorts of strangers. Refusing to give your name to a cop is simply being an idiot. There really is no invasion of privacy or rights there. You give your names to strangers. Cops knowing your name is no big breach.

The only breach would be if the cops ransacked your car or harrassed you about other personal information they have no right to.



posted on Jun, 21 2004 @ 12:44 PM
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The key words here are 'Traffic Check'. A traffic check consist of a check point set up to randomly pull over cars to determine in most cases if the driver is intoxicated. You can be driving the speed limit and obeying all the other rules of the road and be pulled over just to see if you are driving while under the influence and for no other reason like your car matching the discription of a suspect.

O.K. that being said, can the police demand the name of the driver? What about a passenger? Is the stop itself constitutional? I think this is what is being asked. These stops were set up a while back in high crime areas here where if you lived there even the cops would pull you over just for driving down the street. I think there was some stink in the Supreme Court over this but I dont remember what became of it. However the cops dont do the stops anymore from what I've seen.

We also have random checks here when the terror alert is raised to yellow at the highways that run by the airport. One day I was going to a call in my locksmith truck to the gas station next to the airport to open a truck that was blocking the gas pump because the customer locked her keys in the truck. I told her I'd be there in 20 or 25 minutes depending on traffic and to tell the owner of the station. Well guess what, they pulled me to the side going down the public road that passes by the south side of Bush Airport. It took about 30 minutes for them to search my truck after they saw my locksmith equipment. What a pain.



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