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Do I have to give my name?

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wfk122npd

Guest
I police officer came to my house and said he was an investigating a complaint someone made against me. He asked me for my name. He said he needed to get me name so they could file charges if they choose to. I told him I would not give him my name. He told me if I did not give him my name he would charge me with obstructing official business. This is in Ohio. He asked me several more times and I continued to refuse. I tried to walk by him but he stopped my. He asked me once more and I again tried to walk by. He told me I was under arrest and I told him he could not arrest me for that and that I would file a civil lawsuit. At this point I began to try to get away and ended up being sprayed with pepper spray. He cuffed my took me to the station and charged me with obstruction of offical business and resisting arrest.

I felt I had no obligation to give him my name. He told me he needed my name and information to issue the person who said I used racial slurs a referral so they could file charges. He said that had I not opened the door there would have been nothing he could do, but since I opened the door I was obligated at that time to give him my information and failure to do so obstructed his official duties.

Am I right? I plan on filing a civil lawsuit against the two officers and the dept. Is this reasonable?

Further this happened in my house but I did invite the two officers in.
 


J

JollyRoger

Guest
Can you say Fourth Amendment? How about Fifth?
You were/are absolutely correct! But I do not understand how you tried to move past him. Were you outside? Just opening the door is not an invitation.
Of course, you must understand that a badge and a gun often constitute license to say and/or do anything.
Sue early and sue often.


[Edited by JollyRoger on 04-18-2001 at 11:35 PM]
 
K

kirkenjn

Guest
Oh, my goodness...I am also from Ohio and had a very similar situation. An officer wanted to file a noise violation, and I told him I lived there and gave my license to get the ticket. One of the other people unwittingly told him I didn't live there, so after giving the other person the ticket he told me to come with him. I said I wanted a reason why....he said to just come with him. I again said that I wanted a reason. He threw cuffs on me and took me to his car (2 blocks away) before telling me he was arresting me for Obstruction of Justice.....can you tell me what happens with your case? I would appreciate it so much!!! Good luck!!
 

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