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Old 07-23-2009, 04:06 PM
Medmech's Avatar
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Originally Posted by dculkin View Post
I agree with all of that, except for the part where a person has a "duty" to provide ID when in his own home. It might be wise and respectful to do so, but that is different than having a legal duty, IMHO.
So as a lawyer you are saying that a suspect of a crime which Gates was when the officer asked for identification is not a legal duty...hooo boy, I can smell the pepper spray from here.
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Old 07-23-2009, 05:36 PM
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Originally Posted by Medmech View Post
So as a lawyer you are saying that a suspect of a crime which Gates was when the officer asked for identification is not a legal duty...hooo boy, I can smell the pepper spray from here.
I don't know the answer to that question. It's been about 15 years since I read those cases. There are certain situations where you have a duty to provide ID - when driving a car, for example - but I don't think that suspects have a duty to identify themselves. If they fail to identify themselves, they might find themselves being detained, but that would only be if there were some other basis for that detention.

I would also note that Gates' arrest was not based on a failure to provide ID. He provided ID. His arrest, AFAIK, was based on his being rude to the cop.
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