Rejecting Authority at Police State Checkpoint

[Archangel M]

http://en.wikipedia.org/wiki/Michigan_Dept._of_State_Police_v._Sitz

Decent overview of the legal basis for checkpoints.

 

[Archangel M]

I think that cops need to be held accountable for their actions, both good and bad. Identifying who they are, and why they are stoppng/detaining/questioning you should be (and I believe it is) required. I'm looking for the specific statutes, but it's a mudwalk.

Heres an NYPD document. There its a matter of Dept policy, not state law apparently.

http://www.nyc.gov/html/ccrb/pdf/nmshldanalysis4pg.pdf

 

[Bob Hubbard]

Heres an NYPD document. There its a matter of Dept policy, not state law apparently.

http://www.nyc.gov/html/ccrb/pdf/nmshldanalysis4pg.pdf

So, in NYC at least, is is policy that LEO must "provide upon a civilian’s request his or her name, badge number, or other identifying information" and that simply pointing at their badge or saying "its on the ticket" is not sufficient.


The interesting thing about this thread is, it deals with 3 interrelated topics.
- Right of Gov. to setup checkpoints
- Rights and Responsibilities of Citizens at those checkpoints
- Powers and Responsibilities of Officers at those checkpoints

 

[Archangel M]

So, in NYC at least, is is policy that LEO must "provide upon a civilian’s request his or her name, badge number, or other identifying information" and that simply pointing at their badge or saying "its on the ticket" is not sufficient.

Apparently. As far as I know, most PD's have similar policy. Im not 100% but I would believe that for a department to meet accreditation standards (which is a voluntary process) they may have to. But thats still not "law". From what I see in that link, the issue of what is sufficient notification is still being clarified. Of course the issue then is what is the consequence for not obeying the policy? Most likely, the officer would face some departmental discipline, such as a written reprimand at the least or time off w/o pay, or having some casual time docked at the most.