My rights were violated

[WES1023]

Georgia:

Need opinions..

My mother and father both co-own their property 50%-50% through a divorce agreement. I have my mothers permission to go to the property when I choose and have a key to the residence.

I was there one evening and my father came home. He did not want me there and told me if I did not leave he is going to call the sheriffs office. He told me that because my mother doesnt currently stay at the residence, her 50% jurisdiction of the property does not apply and allow me to be there.

I have read the divorce agreement. There is one section that states they must give each other 24 hours notice before returning to the residence.

So my fathers calls the sheriff. A deputy arrives. He as well as my father come into the room I am in. I explain to the deputy why my father called the sheriffs office and tell him through my parents divorce, with my mothers permission, I have the right to be there (explained they both co-own the property.)

The deputy asks me where my residence is. I tell him the address on my license is the property's address (although most of my days and nights for the past couple of months were spent at another address in South Carolina.) He then ask me where most of my property is. I tell him it is split half and half between SC and Georgia (the residence my parents both own. He asks to see my I.D. I refuse to give it to him. He threatens to " take me to jail " for not providing it. I ask for his consent to an audio and video recording. As I am preparing the phone he grabs me out the chair. I do not resist. I ask him if I am under arrest. He says yes "for obstruction and trespassing."

24 hours after I am taken to the county jail the deputy comes with a warrant and says he can get me out tonight if i "play ball with him". I ask the deputy to see the warrant and read it. As i begin to read the warrant he snatches the warrant away, gets angry/upset and leaves.

Under Georgia law I do not have to provide I.D. unless the deputy has "reasonable suspicion that I have or am about to commit a crime."

 

[Ladyback1]

Georgia:

Need opinions..

My mother and father both co-own their property 50%-50% through a divorce agreement. I have my mothers permission to go to the property when I choose and have a key to the residence.

I was there one evening and my father came home. He did not want me there and told me if I did not leave he is going to call the sheriffs office. He told me that because my mother doesnt currently stay at the residence, her 50% jurisdiction of the property does not apply and allow me to be there.

I have read the divorce agreement. There is one section that states they must give each other 24 hours notice before returning to the residence.

So my fathers calls the sheriff. A deputy arrives. He as well as my father come into the room I am in. I explain to the deputy why my father called the sheriffs office and tell him through my parents divorce, with my mothers permission, I have the right to be there (explained they both co-own the property.)

The deputy asks me where my residence is. I tell him the address on my license is the property's address (although most of my days and nights for the past couple of months were spent at another address in South Carolina.) He then ask me where most of my property is. I tell him it is split half and half between SC and Georgia (the residence my parents both own. He asks to see my I.D. I refuse to give it to him. He threatens to " take me to jail " for not providing it. I ask for his consent to an audio and video recording. As I am preparing the phone he grabs me out the chair. I do not resist. I ask him if I am under arrest. He says yes "for obstruction and trespassing."

24 hours after I am taken to the county jail the deputy comes with a warrant and says he can get me out tonight if i "play ball with him". I ask the deputy to see the warrant and read it. As i begin to read the warrant he snatches the warrant away, gets angry/upset and leaves.

Under Georgia law I do not have to provide I.D. unless the deputy has "reasonable suspicion that I have or am about to commit a crime."

*le sigh*
Without your ID how is he suppose to confirm your identity? And if Dad said you were trespassing or broke in?(which he obviously did) Then Mr. Cop has the right to see your ID.

Your rights weren't violated.

 

[quincy]

Georgia:

Need opinions..

My mother and father both co-own their property 50%-50% through a divorce agreement. I have my mothers permission to go to the property when I choose and have a key to the residence.

I was there one evening and my father came home. He did not want me there and told me if I did not leave he is going to call the sheriffs office. He told me that because my mother doesnt currently stay at the residence, her 50% jurisdiction of the property does not apply and allow me to be there.

I have read the divorce agreement. There is one section that states they must give each other 24 hours notice before returning to the residence.

So my fathers calls the sheriff. A deputy arrives. He as well as my father come into the room I am in. I explain to the deputy why my father called the sheriffs office and tell him through my parents divorce, with my mothers permission, I have the right to be there (explained they both co-own the property.)

The deputy asks me where my residence is. I tell him the address on my license is the property's address (although most of my days and nights for the past couple of months were spent at another address in South Carolina.) He then ask me where most of my property is. I tell him it is split half and half between SC and Georgia (the residence my parents both own. He asks to see my I.D. I refuse to give it to him. He threatens to " take me to jail " for not providing it. I ask for his consent to an audio and video recording. As I am preparing the phone he grabs me out the chair. I do not resist. I ask him if I am under arrest. He says yes "for obstruction and trespassing."

24 hours after I am taken to the county jail the deputy comes with a warrant and says he can get me out tonight if i "play ball with him". I ask the deputy to see the warrant and read it. As i begin to read the warrant he snatches the warrant away, gets angry/upset and leaves.

Under Georgia law I do not have to provide I.D. unless the deputy has "reasonable suspicion that I have or am about to commit a crime."

It sounds as if you are purposely causing trouble between your parents and that you were not real pleasant to the police officer. Any particular reason you feel the need to be contrary?

 

[single317dad]

The suspicion was that you were trespassing. The officer had been informed by your father that you were trespassing, and you refused to provide evidence that would refute that claim. I'd bet money that you were also a jerk, which is why you got the "extra" treatment.

At this point you may need a criminal defense attorney rather than an internet advice forum. What is your age?

 

[tranquility]

While the OP may not be guilty, there was certainly probable cause for the arrest. No rights were violated.

Depending on when and how mom gave WES1028 permission and the exact wording of the court order, MOM may be guilty of trespassing or in contempt of court.

 

[justalayman]

I find it odd op said his residence per his license was the residence they were in yet claimed he was there by his mother's permission. Why oh why wouldn't he just say; I'm here because I live here.


Strangely enough if it was in fact op's residence, and that might have been exactly why he asked for the ID, op would not have been trespassing.

 

[dave33]

Georgia:

Need opinions..

My mother and father both co-own their property 50%-50% through a divorce agreement. I have my mothers permission to go to the property when I choose and have a key to the residence.

I was there one evening and my father came home. He did not want me there and told me if I did not leave he is going to call the sheriffs office. He told me that because my mother doesnt currently stay at the residence, her 50% jurisdiction of the property does not apply and allow me to be there.

I have read the divorce agreement. There is one section that states they must give each other 24 hours notice before returning to the residence.

So my fathers calls the sheriff. A deputy arrives. He as well as my father come into the room I am in. I explain to the deputy why my father called the sheriffs office and tell him through my parents divorce, with my mothers permission, I have the right to be there (explained they both co-own the property.)

The deputy asks me where my residence is. I tell him the address on my license is the property's address (although most of my days and nights for the past couple of months were spent at another address in South Carolina.) He then ask me where most of my property is. I tell him it is split half and half between SC and Georgia (the residence my parents both own. He asks to see my I.D. I refuse to give it to him. He threatens to " take me to jail " for not providing it. I ask for his consent to an audio and video recording. As I am preparing the phone he grabs me out the chair. I do not resist. I ask him if I am under arrest. He says yes "for obstruction and trespassing."

24 hours after I am taken to the county jail the deputy comes with a warrant and says he can get me out tonight if i "play ball with him". I ask the deputy to see the warrant and read it. As i begin to read the warrant he snatches the warrant away, gets angry/upset and leaves.

Under Georgia law I do not have to provide I.D. unless the deputy has "reasonable suspicion that I have or am about to commit a crime."

I usually try to not get personal when I reply. After reading this I get the impression that you are a pain in the butt and have a knack for annoying people. Find another place to live and stop being an annoyance.

 

[davew128]

*le sigh*
Without your ID how is he suppose to confirm your identity?

Wasn't aware he had any reason to.

And if Dad said you were trespassing or broke in?(which he obviously did) Then Mr. Cop has the right to see your ID.

No, he doesn't have a RIGHT to. There is no requirement anywhere in the United States where a person must provide ID to a police officer BECAUSE. And when Dad probably referred to his son at some point (as opposed to some random hooligan), sometimes a little bit of triple digit IQ needs to kick in for Officer Friendly.

Your rights were violated.

FIxed it for you.

 

[Mt_Vernon]

The suspicion was that you were trespassing. The officer had been informed by your father that you were trespassing, and you refused to provide evidence that would refute that claim. I'd bet money that you were also a jerk, which is why you got the "extra" treatment.

I wouldn't blame the OP for being a jerk. This is the OP's home, and people do get territorial about their homes.

 

[justalayman]

OK dave, How were his rights violated?

Kid was arrested for trespass. He didn't make the kid produce an ID and kid had already identified himself.

No, he doesn't have a RIGHT to. There is no requirement anywhere in the United States where a person must provide ID to a police officer BECAUSE. And when Dad probably referred to his son at some point (as opposed to some random hooligan), sometimes a little bit of triple digit IQ needs to kick in for Officer Friendly.

actually there are quite a few states that have laws requiring a person identify themselves if there is reasonable suspicion they are committing a crime or about to commit a crime or have committed a crime.

georgia has one if the crime is loitering or prowling.

http://law.onecle.com/georgia/16/16-11-36.html

Oh hey, check out Colorado's law:

(1) A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions. A peace officer shall not require any person who is stopped pursuant to this section to produce or divulge such person's social security number. The stopping shall not constitute an arrest.

so if the suspect has ID on them, they are required to produce that means of identification.

 

[single317dad]

I wouldn't blame the OP for being a jerk. This is the OP's home, and people do get territorial about their homes.

Maybe. Maybe not. He certainly didn't refer to it as his home.

 

[justalayman]

I wouldn't blame the OP for being a jerk. This is the OP's home, and people do get territorial about their homes.

so if it was his home, why would he say he had his mother's permission to be in the home. I don't know too many people that when questioned within their own home as to why they are in that home wouldn't respond with; because I live here and I have a right to be in my own home.

It is obvious OP did not consider that house his home.

 

[quincy]

How old are you, WES1023?

 

[davew128]

Kid was arrested for trespass. He didn't make the kid produce an ID and kid had already identified himself.

actually there are quite a few states that have laws requiring a person identify themselves if there is reasonable suspicion they are committing a crime or about to commit a crime or have committed a crime.

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.

 

[davew128]

so if it was his home, why would he say he had his mother's permission to be in the home. I don't know too many people that when questioned within their own home as to why they are in that home wouldn't respond with; because I live here and I have a right to be in my own home.

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.