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Illegal Checkpoint????

Discussion in 'Politics, Elections & Legislation' started by Frank C, Sep 7, 2009.

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  1. Frank C

    Frank C Well-Known Member

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    Anyone else seen this one??? where did it happen?? Outcome?? Scary S%*#
     
  2. recurvyarcher

    recurvyarcher Well-Known Member

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    A 2004 Supreme Court ruling upheld state "stop-and-identify" laws, allowing police to require biographical information such as name, date of birth, and address, without arresting suspects or providing them Miranda warnings. She refused to give the information, and then when she was taken out of the car, she shoved the police officer (from what I could see in the video). She clearly doesn't know, or refused to follow, the law.
     
  3. TOOLMAKER 251

    TOOLMAKER 251 Active Member

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    If she done all what was charged against her, why was she found innocent?
     
  4. g7777777

    g7777777 TS Supporters TS Supporters

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    Its a tough balance-

    when she was told she was under arrest that is when legally she had to submit to the arrest--

    she has recourse after the fact -- there is nothing to indicate that her life was threatened by submitting to arrest or that she would suffer physical injury- but of course that could be the next concern

    regards from Iowa

    Gene
     
  5. BigM-Perazzi

    BigM-Perazzi Well-Known Member

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    Technically, since this was apparently not a valid stop under "Terry", she had no obligation to identify herself.

    Of course, it's generally accepted that being required to identifying oneself is not a 4th or 5th amendment violation or protection...
     
  6. halfmile

    halfmile Well-Known Member

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    I do believe part of getting a driver's license is the fact that you may be required to show it. Laws differ from state to state, but every time I have been stopped I have to show it, and then the officer has given his reason for stopping me.

    We also have "implied consent" which means that having a drivers license includes you may be tested for alcohol. Refusals bring additional penalties.

    Texas laws are a mystery to me. I do like some of them, like the Castle Doctrine.

    HM
     
  7. Old Texas Marine

    Old Texas Marine Member

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    The TV station reporting the news was out of Roanoke, VA. I assume it was a local story.

    HBT
     
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