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My rights were violated

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CdwJava

Senior Member
Let me repeat myself: THERE IS NO LAW IN THE UNITED STATES REQUIRING A PERSON TO PROVIDE IDENTIFICATION. Nothing you cited states otherwise. Requiring you to identify yourself is NOT the same as requiring you to provide an ID. Why? There is no law requiring you to HAVE an ID.
Well ... there are traffic stops which WILL require an ID - a driver's license.

And, if you want to avoid getting hooked up for even an infraction, it's a good idea to present ID ... though not required by any law, no ID on a citation can result in an arrest.
 


justalayman

Senior Member
Let me repeat myself: THERE IS NO LAW IN THE UNITED STATES REQUIRING A PERSON TO PROVIDE IDENTIFICATION. Nothing you cited states otherwise. Requiring you to identify yourself is NOT the same as requiring you to provide an ID. Why? There is no law requiring you to HAVE an ID.
So you didn't read the colorado law? If the person has an ID on them they can be required to provide it


And I believe there are a few others but I figured one where it stated with no uncertainty it can be required to be shown would be enough.
 
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justalayman

Senior Member
Hi, my name is Professor Henry Gates and I want to have beers with the president. ;)

I think the point here is that if someone has given you permission to be in the home and someone else is giving you grief and challenging it, it is a fairly understandable reaction to be somewhat hostile and antagonistic to the person questioning you.
But the person giving permission did not have a free right of entry to the home so they could not extend a right they did not have to another.


And you still have not stated how the op's rights were violated.
 
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quincy

Senior Member
Hi, my name is Professor Henry Gates and I want to have beers with the president. ;)

I think the point here is that if someone has given you permission to be in the home and someone else is giving you grief and challenging it, it is a fairly understandable reaction to be somewhat hostile and antagonistic to the person questioning you.
The hostility is, perhaps, better directed at the dad who called the police and claimed WES was trespassing rather than the police officer who was responding to the call and trying to gather facts. One fact that should have been easily ascertained was the identity of the supposed trespasser, with the production of ID.

And, while I appreciate the Gates reference and can see why you think there is a comparison to make, the situation described here by WES is really not the same. Gates was the homeowner. WES clearly isn't.
 
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davew128

Senior Member
So you didn't read the colorado law? If the person has an ID on them they can be required to provide it
I find such a law to be of highly questionable constitutionality. Being required to PRODUCE ID if present is far different than being required to simply ID yourself which IS constitutional. One should not have to PROVE who you are.

But the person giving permission did not have a free right of entry to the home so they could not extend a right they did not have to another.
Says the key the kid was given.
 

justalayman

Senior Member
That's a legal requirement of operating a motor vehicle, not of being a citizen or present.
But they are required to present it none the less. You said there was no law requiring a person to present an ID. You did not qualify it in any way.


But regardless. There is a law in Colorado that a person detained under reasonable suspicion can be compelled to present an ID if they have one on them.


Obviously a person cannot be compelled to present an ID if they don't have one on them and I never said a person is required to carry an ID (outside of situstions such as driving or such)
 

justalayman

Senior Member
I find such a law to be of highly questionable constitutionality. Being required to PRODUCE ID if present is far different than being required to simply ID yourself which IS constitutional. One should not have to PROVE who you are.

Says the key the kid was given.
ive got a key to my father's house and my sisters house but I am not given free run to enter anytime I desire.


Come to think about it I have the keys to every municipal building in a local town I do work for but I surely do not have a right of entry anytime I want to go in their properties


But whether the colorado law is constitutional or not is irrelevant. You simply said there were no such laws but obviously there is.
 
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davew128

Senior Member
The hostility is, perhaps, better directed at the dad who called the police and claimed WES was trespassing rather than the police officer who was responding to the call and trying to gather facts. One fact that should have been easily ascertained was the identity of the supposed trespasser, with the production of ID.
I don't argue that the ID probably would have stopped the arrest, but not providing one and having a key to the residence should make the arrest for both obstruction and trespassing bogus on its face.
 

davew128

Senior Member
But they are required to present it none the less. You said there was no law requiring a person to present an ID. You did not qualify it in any way.
I didn't think it necessary to, particularly since a mere ID is insufficient for driving anyway. Try using a passport or military ID when getting stopped for speeding and see how far that gets you. You do understand the difference between operating a motor vehicle and not, right? :rolleyes:
 

justalayman

Senior Member
I didn't think it necessary to, particularly since a mere ID is insufficient for driving anyway. Try using a passport or military ID when getting stopped for speeding and see how far that gets you. You do understand the difference between operating a motor vehicle and not, right? :rolleyes:
Yep and you do now understand there is at least one state (and I believe there are a couple more) where a person detained under reasonable suspicion can be compelled to present an ID if they have one on their person, right?
 

justalayman

Senior Member
I don't buy that for one minute. The joint owner of a property most certainly has the right to grant entrance to the property.
Op said it himself. Mother must give 24 hour notice prior to entry per the divorce. Go back and read the first post.
 

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