ID to Law Enforcement

[ajwilson]

Local cops don’t enforce federal regulations but if a complaint was made about a pilot flying in some way that was unsafe, invading privacy whatever it would be part of the contact information; not a chargeable offense...just information. I guess I misspoke but there basically would not be a reason to make anything other than a consensual contact unless there was something else going on. If I saw a drone pilot I might very well make contact purely out of curiosity as I fly them myself.

 

[DroningOn]

Local cops don’t enforce federal regulations but if a complaint was made about a pilot flying in some way that was unsafe, invading privacy whatever it would be part of the contact information; not a chargeable offense...just information. I guess I misspoke but there basically would not be a reason to make anything other than a consensual contact unless there was something else going on. If I saw a drone pilot I might very well make contact purely out of curiosity as I fly them myself.

Thank you for the clarification.

 

[kensteele]

sounds good, appreciate the sincere reply. one more question for the officer, why would a police officer demand id, why would they need it or it be required if the flyer is not detained or arrested? is there a reason you can't do everything you need to do without getting a driver's license or passport or picture id with name and address? because i don't carry my id on me when drone flying.

 

[Deleted member 93449]

If your not doing anything wrong, why not just comply. A contact report will be filed as long as there are no charges, which is not accessible to the public. As a LEO I find it quite funny that people think we have nothing to do but harass people and file paperwork. Trust me any LEO hates paperwork with a passion; they would rather just verify registration by looking at your ID and FAA paperwork and go on their way. Unless of course your breaking the Law, then you leave the situation with very little options.

ID yourself, your a law abiding citizen; unless your not....in which case of course you will get your day in court.

LEOs enforce the law. Not make it. Not penalize for it.

The issue isn't whether you have something to hide but your fundamental right to privacy. The standard isn't guilt until proven innocent but innocent until proven guilty.

 

[ajwilson]

Laws differ by state but as was previously posted there are different types of LEO / Citizen contact. Depends on the situation and why you are contacted as well as the actual state statute in the state you are in. I personally don’t think it’s a big deal for an officer to say hello but then again my situation is different than others.

I don’t think it’s an invasion of privacy to be asked to ID myself but my viewpoint is totally different. And again depends on the situation.

 

[BigAl07]

Laws differ by state but as was previously posted there are different types of LEO / Citizen contact. Depends on the situation and why you are contacted as well as the actual state statute in the state you are in. I personally don’t think it’s a big deal for an officer to say hello but then again my situation is different than others.

I don’t think it’s an invasion of privacy to be asked to ID myself but my viewpoint is totally different. And again depends on the situation.

Thank you for taking the time to address the questions and give your point of view. Even though others may not agree with it, it's great to have it from your perspective and professional stance.

 

[Cheech Wizard]

sounds good, appreciate the sincere reply. one more question for the officer, why would a police officer demand id, why would they need it or it be required if the flyer is not detained or arrested? is there a reason you can't do everything you need to do without getting a driver's license or passport or picture id with name and address? because i don't carry my id on me when drone flying.

So, you are driving to a place to fly with no I.D.?

 

[Cheech Wizard]

I think if you are in a public space a cop has every right to walk up to you... remember, there is no "Privacy" if you are in a public space. Just like when drone pilots want to take pictures in public places invading the privacy of citizens. You can;t have it both ways.

 

[DroningOn]

I think if you are in a public space a cop has every right to walk up to you...

I don’t think I have ever once seen here anybody say that a cop doesn’t have the “right“ to walk right up to you. They have every “right“ to do so and they can ask you any question they want. What a lot of people here don’t seem to understand is that a person in the US doesn’t have to talk to a police officer under any circumstances if they don’t want to. Any circumstances means in any state, any city, anywhere.

 

[JAW]

What a lot of people here don’t seem to understand is that a person in the US doesn’t have to talk to a police officer under any circumstances if they don’t want to. Any circumstances means in any state, any city, anywhere.

Every state requires you to give your name if arrested. Of course, you can dummy up and refuse to provide your name. In this situation, you will not be eligible for bail and you will remain confined until police ascertain your identity, either through a fingerprint search (can take days to accomplish) or someone provides information as to your pedigree and the courts are satisfied the information is correct.

 

[DroningOn]

Every state requires you to give your name if arrested. Of course, you can dummy up and refuse to provide your name. In this situation, you will not be eligible for bail and you will remain confined until police ascertain your identity, either through a fingerprint search (can take days to accomplish) or someone provides information as to your pedigree and the courts are satisfied the information is correct.

We went from a cop “walking up to you“ asking questions to being actually arrested. Being arrested was not the scenario being discussed..... but even if someone is arrested, especially if someone is arrested, my previous statement still stands.
Eta: and nowhere did I ever say that not speaking to Law enforcement was the best choice or the most expedient. I’m just saying a person doesn’t have to if they don’t want to countering the countless times that people here have said that you do.

 

[JAW]

We went from a cop “walking up to you“ asking questions to being actually arrested. Being arrested was not the scenario being discussed..... but even if someone is arrested, especially if someone is arrested, my previous statement still stands.
Eta: and nowhere did I ever say that not speaking to Law enforcement was the best choice or the most expedient. I’m just saying a person doesn’t have to if they don’t want to countering the countless times that people here have said that you do.

Not to be argumentative, but you stated in bold that one does not under any circumstance have to talk to police. I took under any circumstance to include an arrest. Furthermore, if you believe a person does not have to provide their name if arrested, you are sadly mistaken. In fact, in some states if you refuse to provide your name if under arrest you can be additionally charged with obstructing governmental administration or some similar wording. There are few things for which I would call myself an expert. Search and seizure, stop and frisk, laws of arrest, and a cop's eye view of the 4th amendment are not among them.

Peace out.

 

[Deleted member 93449]

I think if you are in a public space a cop has every right to walk up to you... remember, there is no "Privacy" if you are in a public space. Just like when drone pilots want to take pictures in public places invading the privacy of citizens. You can;t have it both ways.

In a public space a officer can walk up to you and ask anything they want. You also have the right to not answer and unless you're being detain (citizens need to understand the requirements necessary to justify detainment) walk away.

 

[CAG]

Interesting how many constitutional lawyers subscribe to this site. It is also interesting how many law enforcement experts we have here that have neither constitutional law training nor law enforcement training.

And, if the officer is responding to a call of "what-ever" and you happen to be the center of that call the officer does have the right to ask and you do have an obligation by most all states laws to answer. If you refuse to identify yourself you may end up booked as a "John Doe" and the judge will hold you until you are identified by prints or paper. We went through all of this several pages back.

Now, that said, the reality of it is the officer probably will not escalate this minor, drone flying, issue to that stage but if you want to get all "mr I know the law and you can't touch me" you may get introduced to the rear seat of the patrol vehicle which is, as we covered before, a legal detainment, until the officer can identify you.

I liked the response that "I don't have ID on me when I'm flying my drone". I hope you walked there because if you drive off you are in deep do-do.

I am also amazed how much bravado there is until the cuffs go on. Then you should hear the crying and whining.

 

[CAG]

Some very basic, but worth reading as it answers much of what is covered in 4 pages of blather.

Stop and identify statutes - Wikipedia

en.wikipedia.org

 

[DroningOn]

And, if the officer is responding to a call of "what-ever" and you happen to be the center of that call the officer does have the right to ask and you do have an obligation by most all states laws to answer

No you don’t. How is this so hard for so many to understand?? The police can never compel you to interact with them outside of being actually arrested and if you are arrested (which was not the point of this original discussion) then “you have the right to remain silent”

 

[DroningOn]

Some very basic, but worth reading as it answers much of what is covered in 4 pages of blather.

Stop and identify statutes - Wikipedia

en.wikipedia.org

Taken directly from your link:

“If there is no reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to provide identification, even in "Stop and ID" states”

And as an added note, the “crime“ in question has to be one that the LEO has jurisdiction to enforce. For example, a city cop cannot arrest someone for cheating on their federal tax return. FEDERAL Aviation Administration regulations do not count either

 

[Cheech Wizard]

Interesting how many constitutional lawyers subscribe to this site. It is also interesting how many law enforcement experts we have here that have neither constitutional law training nor law enforcement training.

And, if the officer is responding to a call of "what-ever" and you happen to be the center of that call the officer does have the right to ask and you do have an obligation by most all states laws to answer. If you refuse to identify yourself you may end up booked as a "John Doe" and the judge will hold you until you are identified by prints or paper. We went through all of this several pages back.

Now, that said, the reality of it is the officer probably will not escalate this minor, drone flying, issue to that stage but if you want to get all "mr I know the law and you can't touch me" you may get introduced to the rear seat of the patrol vehicle which is, as we covered before, a legal detainment, until the officer can identify you.

I liked the response that "I don't have ID on me when I'm flying my drone". I hope you walked there because if you drive off you are in deep do-do.

I am also amazed how much bravado there is until the cuffs go on. Then you should hear the crying and whining.

They are already crying and whining.....?

 

[Cheech Wizard]

I don’t think I have ever once seen here anybody say that a cop doesn’t have the “right“ to walk right up to you. They have every “right“ to do so and they can ask you any question they want. What a lot of people here don’t seem to understand is that a person in the US doesn’t have to talk to a police officer under any circumstances if they don’t want to. Any circumstances means in any state, any city, anywhere.

Hey, have fun with that. If you haven't already been... jail is a good learning experience.

 

[Cheech Wizard]

No you don’t. How is this so hard for so many to understand?? The police can never compel you to interact with them outside of being actually arrested and if you are arrested (which was not the point of this original discussion) then “you have the right to remain silent”

I think you should "Remain Silent" , then be taken to the local station, keep playing that game and you will end up being inducted into a bigger jail. First thing they do is strip you down, blast you with high pressure water, throw some powder on you to kill whatever bugs you have, and then blast you with water again. Now, even if they let you out in a few days... how do you think you would feel for doing something as stupid as not giving your ID to a cop?