You Don't Have the right to remain silant!

Your walking down the road and a cop stops and asks your name.
You have doon nothing illigeal but you say I dont want to give you my name . Said cop proceds to arrest you .
You have the right to remain silant???not any more.
news.yahoo.com.../ap/20040621/ap_on_go_su_co/scotus_police_identification_5

The Miranda act is applied to people already arrested, not to the general public.

www.criminaldefenselawyer.com...

So if you don't want to give your name and are arrested, then you have the right to remain silent.

Did you read the news story? the point is they can arrest you for not giving your name . Even if you have done nothing wrong.
Just like they can pull you over a search your car without a warrent.
Again even if you have doon nothing wrong .Even I have seen road blocks a few times where they checked every car for no reasion what so ever.

Originally posted by Simcity4Rushour
Did you read the news story? the point is they can arrest you for not giving your name . Even if you have done nothing wrong.
Just like they can pull you over a search your car without a warrent.
Again even if you have doon nothing wrong .Even I have seen road blocks a few times where they checked every car for no reasion what so ever.

Yeah I read it. I don't see the problem. Give them your name, then they can't arrest you. As for searching your car, ditch the body before you encounter a roadblock. They are trying to protect YOU. Unless you are engaging in criminal activity, then they're after your butt.

your right they were protecting that guy by arresting him and giving him a 250$ for not giving his name.

Originally posted by Simcity4Rushour
your right they were protecting that guy by arresting him and giving him a 250$ for not giving his name.

So you would rather have it so a cop can't ask anyone their name, that incluces murderers or rapists. How do the police indentify these people then, Magic 8 ball?

Basically we have no rights when it comes to dealing with the police, and to refuse them is pretty much an assurance that you will have a most unpleastant expereince, a few extra scratches on the record, and enough court costs to put you into debt. We are told that we have the right to refuse a search if a warrant is not provided (excluding all that Patriot Act bs thats been added) but you try telling a cop he cant search your car, and you will most likely find yourself with a new pair of handcuffs and some bruises, and your car will be search irregardless of your wishes.

< / rant > just too many bad experiences with the police i guess

Maybe we should all copyright our names and SSN's so we can license our personal data to law enforcement. NASCAR licenses everything about their races down to the sounds and smell. I know this sounds unrealistic but maybe someone will get a chuckle from it.

They are trying to protect YOU.

ummm...from who?...ourselves?

the case that brought about the ruling...this Cowboy that refused to give his name...

Lets go back a bit to what brought about the origional charge...(some of this is assumption...but the story contained therein is from the origional article in the Washington Post called "Show Me Your Papers, Cowboy")

The cowboy was out in the middle of nowhere...on HIS land....leaning against HIS pickup...smoking a cigarette...basically just "being"

Cop drives by...sees the cowboy...gets out of his car and asks the guy who he is and why he's there...cowboy replies he's doin' nothing and why did the cop want his name....cop replies he want's his name because he asked for it...(maybe just because he was the cop?) Cowboy still didn't hear a good reason to give his identity...so he still didn't give it...cop cuffs him...takes him in...

now..with this scenerio...where/who is the cop protecting the cowboy from?

Police are trained under military standards....in the military...you shoot and ask questions later....guilty until proven innocent...

I realize being a cop is a dangerous job....but it is their choice to do it...if one is to "protect and to serve"....then adding "respect of the citizen" to their vocabulary would have saved the whole problem with the cowboy...all the cop had to do was tell him WHY he wanted the cowboy's name...a courtious reciprication to the cowboy's question...

~oracle

Originally posted by Oracle
I realize being a cop is a dangerous job....but it is their choice to do it...if one is to "protect and to serve"....then adding "respect of the citizen" to their vocabulary would have saved the whole problem with the cowboy...all the cop had to do was tell him WHY he wanted the cowboy's name...a courtious reciprication to the cowboy's question...

~oracle

Amen.

As I said in another thread, if I'm doing something (perish the thought!) I'd be more then happy to give my name if asked, but unless there's a definite good reason for it (and that reason had better be explained to me in a courteous fashion), then forget it. You can whip out your magick 8 ball and play guessing games, I don't care.

I consider my name to be as personal and private as what I do in the bedroom with my husband or my sometimes strange food preferences. If I don't know you, chances are I'm not giving you my name just because you desire to know it. Too bad.

Now, if the cop in question is properly respectful when he asks, he might get lucky. It's up to him and his attitude. I'm not one of these people who are suck-ups to the cops. In fact, I can't stand most of 'em on general principles.

The other issue: Our all important Safety. My butt !!!! I find it extremely hard to believe that your average cop gives a flying frogs fat butt whether I live or die. The only reason the police are being given more and more power is baby steps on the road to a truly microchipped population. They want people to get used to being scrutinized by authority figures and come to accept it as part of everyday life. After all, it's all about our safety. Uh huh. Sell BS somewhere else. I'm all stocked up here, thankyouverymuch !

Originally posted by Oracle
The cowboy was out in the middle of nowhere...on HIS land....leaning against HIS pickup...smoking a cigarette...basically just "being"

Cop drives by...sees the cowboy...gets out of his car and asks the guy who he is and why he's there...cowboy replies he's doin' nothing and why did the cop want his name....cop replies he want's his name because he asked for it...(maybe just because he was the cop?) Cowboy still didn't hear a good reason to give his identity...so he still didn't give it...cop cuffs him...takes him in...

now..with this scenerio...where/who is the cop protecting the cowboy from?
~oracle

OK, let's try another scenario. This guy standing there has a beef with the guy that owns that piece of land, wants a piece of him, any piece. If the "cowboy" says "I'm Joe Blow, I own this property." Cop keeps his handcuffs in his belt and moves along.

What's the problem with just giving the guy your name? Unless it's on a warrant, why wouldn't you? If a total stranger with no discernible reason to be asking for it wanted my name, I'd question them and find their motive or simply ignore them. But a cop asking... why create a problem where such a thing is not necessary? I think it's a case of choosing your battles. But that's only my opinion based on my personal experience with law enforcement.