Legally Oklahoma isn't a stop and ID state , but I also know people who got to hangout on the side of the road till they decide to ID themselves . I will be surprised if the department has to pay that dude anything.
Hey guys, your resident bootlicker here: Oklahoma is not, but it’s important to remember that the Supreme Court allows for the process of detaining suspects in all 50 states, and that not identifying yourself during the course of an investigation is considered Obstruction. Also in most states you don’t really own your ID so you are obligated to produce it to an agent of the state.
I don't believe this is 100% correct.
Does that apply when not operating a vehicle? Like when walking on a sidewalk
Yes, I think all of that would fall under a Supreme Court decision called Terry. If the police suspect you of a crime they can stop you and detain whether you are on-foot or otherwise. I think the hang up here is that the cops can’t just stop and ask for ID but there are a myriad of circumstances where you do have to identify yourself and can get in trouble if you don’t.
Right, and if just walking around with your kid as in the video, what did you see that would lead to a Terry stop? And since he's not operating a vehicle, where is the requirement to ID? That's the question that seems to have no answer.
He even asked the officer if walking around was suspicious and the officer stated "I mean, technically not really but it is pretty early in the morning."
There was a hint of daylight. I go walking / running earlier than that.
There was a hint of daylight. I go walking / running earlier than that.
No clue, the only thing I found in the video is that he thought they were suspicious and stopped them. It becomes a bit more complicated here because you would need to ask the officer exactly what they were thinking at the moment and why they found it so suspicious. If he suspected the child was in danger that would definitely compel a stop, so I can only assume he was concerned about the fact there was a kid in an alleyway at an odd hour. That is where the standard of reasonableness comes into play, and lawyers get involved.
Not in Texas. Texas Penal code 38.02 says you only have to identify if you are arrested.
And regarding not owning the ID & being obliged to produce it to an agent-that would be only if detained or arrested. I don’t think you are legally required to during a simple consensual encounter.
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Psssstttt... This is Oklahoma, not Texas.
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