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Old 10-22-2005, 01:09 AM
cokehead cokehead is offline
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Join Date: May 2004
Posts: 8
Default Re: AP club just got busted

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And my point is that there is a basis under NY Law by which an officer can detain you until you identify yourself.

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sure, but this has nothing to do with Hibel. the same was true before Hibel.
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The fact that your refusal to identify yourself is not an independent criminal act

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and thus its not a violation of the law, as you claimed earlier
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(for those following the discussion NRS 199.280 essientially makes it a crime to refuse to comply with the lawful order of a police officer -- the Hibel case focussed on whether the order to identify yourself was a lawful order). The fact of the matter is that Hibel has implications for New Yorkers.

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how so? until NY enacts an statute making it a crime to not comply with a cop asking for ID, how does the Hibel case matter?
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I do acknowledge there are differences between the NY and Nv statutes, but this began as a discussion of whether one had to identify oneself to the police not whether one had to provide an account of one's activities. Hibel does not go so far as to authorize that provision of the NY Statute (but since the Court got Hibel wrong I don't have confidence that they suddenly are going to start getting them right in the near future).

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exactly. the NY statute was not ruled on.

bottom line. it is not unlawful, in violation of the law, a crime, or whatever you want to call it, to not show ID, or otherwise identify yourself, to a police officer in NY when he requests it. People v. Offen, 408 N.Y.S.2d 914 ("Plainly, ignoring an officer's request for identification is not a crime, nor does that act supply any such element. Though it is clear that such conduct risks pursuit and arrest, no crime has been charged here.")

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Though you are not required to hand over an ID you are required to identify yourself and falsely identifying yourself would be a violation of law

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100% false under New York law.

Thank you come again. Please keep your incorrect legal opinion off of this forum.
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