Question for you LEO folks .

[AdvancedLaser]

I'm not an attorney, nothing I say should be construed as legal advice. Article 1 Section 13 of the Louisiana constitution of 1974 says otherwise.

Section 13. When any person has been arrested or detained in connection with the investigation or commission of any offense, he shall be advised fully of the reason for his arrest or detention, his right to remain silent, his right against self incrimination, his right to the assistance of counsel and, if indigent, his right to court appointed counsel.  In a criminal prosecution, an accused shall be informed of the nature and cause of the accusation against him.  At each stage of the proceedings, every person is entitled to assistance of counsel of his choice, or appointed by the court if he is indigent and charged with an offense punishable by imprisonment.  The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents.

Yes. LE does have to explain.

Again, this will continue off the rails, everyone knows what they know and are Larry the Lawyer on the internet, so continue with your beliefs and it will all work out in the end.

To sum up the initial question, yes they can ask for name and address, and yes you must provide it.

 

[Magdump]

I’ve met quite a few miserable A Holes in my day, it’s just a hazard of life. Thankfully I can choose avoid the one here.

 

[Magdump]

States over and over this thread will go off the rails, then cranks it to full throttle in the turns.
Classic.

 

[twinin]

I'm not an attorney, nothing I say should be construed as legal advice. Article 1 Section 13 of the Louisiana constitution of 1974 says otherwise.

Section 13. When any person has been arrested or detained in connection with the investigation or commission of any offense, he shall be advised fully of the reason for his arrest or detention, his right to remain silent, his right against self incrimination, his right to the assistance of counsel and, if indigent, his right to court appointed counsel.  In a criminal prosecution, an accused shall be informed of the nature and cause of the accusation against him.  At each stage of the proceedings, every person is entitled to assistance of counsel of his choice, or appointed by the court if he is indigent and charged with an offense punishable by imprisonment.  The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents.

Yes. LE does have to explain.

They need to explain why you are being detained or arrested.

Louisiana is a must ID state, but other states are not like this. Also in those states, they are not barred from asking, citizen just don't have to provide unless those conditions are met.

 

[Fordfella]

They need to explain why you are being detained or arrested.

Louisiana is a must ID state, but other states are not like this. Also in those states, they are not barred from asking, citizen just don't have to provide unless those conditions are met.

Correct. I was refuting information to the contrary.

 

[Kraut]

In 22+ years, I've never once tried "No, I'm not telling you why I'm stopping you."

 

[70mikenike70]

I found this . LRS 14:108 ...(c) Refusal by the arrested or detained party to give his name and make his identity known to the arresting or detaining officer or providing false information regarding the identity of such party to the officer.

I have a question. What do I do if someone texts me with a picture of a Glock with a full auto switch on it? Then he sends me a picture of his expired in 2021 military ID card.,.. Do I turn him in? It’s a local phone number where I live… Any help is appreciated.

 

[KDerekT83]

I have a question. What do I do if someone texts me with a picture of a Glock with a full auto switch on it? Then he sends me a picture of his expired in 2021 military ID card.,.. Do I turn him in? It’s a local phone number where I live… Any help is appreciated.

You mind your own business, delete the text message, and try your best not to have anything to do with it

 

[dantheman]

I have a question. What do I do if someone texts me with a picture of a Glock with a full auto switch on it? Then he sends me a picture of his expired in 2021 military ID card.,.. Do I turn him in? It’s a local phone number where I live… Any help is appreciated.

You create a separate thread so other people can come **** in it .

 

[Jstudz220]

I have a question. What do I do if someone texts me with a picture of a Glock with a full auto switch on it? Then he sends me a picture of his expired in 2021 military ID card.,.. Do I turn him in? It’s a local phone number where I live… Any help is appreciated.

I think the question is why are you getting that text in the first place.

 

[Fugum]

I guess this whole thread is pointless for me, since I carry 24/7 and have a duty to inform.

 

[KDerekT83]

I carry 24/7 myself. hell, there is a Glock on my lap as I type this. But if it's not my business, I stay out of it. Part of carrying is realizing and understanding when not to get involved.

 

[Magdump]

You create a separate thread so other people can come **** in it .

LMAO! Post of the week right there.

 

[sarky]

You would have to check the laws of your state, but that being said, are you aware that ONLY 19 states require an education higher than a high school diploma, ged or equivalency exam in order to be a cop? Also in seeing videos of auditors interactions with cops, I have to wonder how a department allows their officers to be that fat!

 

[Jambalayajames]

Is there a law that requires you to identify yourself to a LEO when requested ? I've seen a lot of these FB videos where some guy is filming a cop and they demand to see an ID . It usually ends with a Supervisor being called and everybody walking away . And no , I am not asking " for a friend " . I'm just curious .

No you do not have to identify when requested by an Leo unless you are driving or are under arrest

 

[Jambalayajames]

Again, this will continue off the rails, everyone knows what they know and are Larry the Lawyer on the internet, so continue with your beliefs and it will all work out in the end.

To sum up the initial question, yes they can ask for name and address, and yes you must provide it.

No you do not have to provide it , they can’t just walk up to you on the street and force you to do so, you must be lawfully arrested , in your post it speaks of they must tell you of your right to remain silent , so which is it must you give them your id or do you have the right to remain silent ?

 

[dantheman]

How about we just let this one go .. No reason to bicker about it .

 

[Jambalayajames]

How about we just let this one go .. No reason to bicker about it .

I agree there’s no need to Bicker , the law says what it says and so do the Supreme Court cases that provide caselaw on this , You don’t have to I knew yourself unless you’ve been arrested or lawfully the town for , You don’t have to I knew yourself unless you’ve been arrested lawfully

 

[Skeewaux]

Your asking Leo’s for advice about the law?...... no offense to anyone, but Leo’s go through a 6 month course to qualify for their job....... most of them make up laws as they go. The only job with less qualification is a meteorologist..... “Eh, he looked at me wrong so I’m going to stop and demand he identify himself”.... we’ll make up some crap to intimidate this person into believing they’ll be arrested until they give me id....... let’s even threaten him with “failure to identify” even though that’s a secondary law, and can only be charged with that if there is some type of crime that precedes it. Or if your driving.... Soooo, my answer, is make them id you, that way they have to answer in court on why your civil rights was trampled over like an Iraqi flag during the gulf war. PSA to all you Leos!!!!!!

 

[KDerekT83]

As I have a great respect for those guys, it is generally understood, and I was told this by a lawyer, Not all, but MOST police officers know just enough about the law to be dangerous to the public.