bobdilan
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Here`s deal: In California, unless you are under arrest (or suspected of a violation of vehicle code), you are not required to identify yourself to the police; Unless they have Reasonable Articulable Suspicion (RAS), they cannot detain you; What that means is that they need to be able to articulate that crime has been committed, is being committed or is about to be committed & YOU are connected to that crime. `Looking suspicious` or a having a hunch on their part is not enough.
What I`m betting is that they use the `consensual contact` approach. They`ll walk up & say `Hey can I talk to you for minute?,` or something similar & ask for your ID; In your mind, all you know is you`re being stopped by police. but(!) in reality, you are free to leave unless they have RAS; Additionally, they cannot frisk you for weapons unless they have RAS that you are ARMED;
If this is a real problem, here`s what you need to do:
First, get tape recorder & take it with you when you go out; If you have an Iphone, use record feature. If you want this to stop, it is worth small hassle; Even though you`re not required to identify yourself, leave your ID at home--it just makes it simpler; Also, obviously don`t do anything illegal, like jaywalk or not clean up after your dog. Don`t have any illegal or concealed weapons. Dress in form fitting shorts & a tucked in shirt or in other clothes which clearly can`t conceal weapons.
When they approach you, be polite & don`t make any sudden movements. Keep your hands away from your pockets & waistband. Say to them `Officer, I don`t wish to answer any questions or continue this contact; Am I free to leave?` If they say yes, go on your way. Don`t let them evade this question.
If they say no, ask them what their reasonable suspicion is & ask what specific law they think you are connected with breaking--including statue number; They aren`t required by law to tell you but(!) by not telling you they aren`t helping themselves. This is why It`s important to have recorder.
If they ask you questions, keep telling them you don`t wish to speak to them & you would like to leave.
If they ask you to turn around so they can frisk you, tell them you don`t consent to any search & that you do not consent to being frisked. Ask them what their reasonable suspicion is for believing you are armed; Again, they don`t have to tell you but(!) It`s not good for them if they don`t. Whatever you do, DON`T RESIST.
If they ask for your ID either tell them you don`t have it (assuming this is true--make sure it is) or, say `With respect, I`m not required to identify myself to you; `
If they are professional & know law, they should let you go; I`m not guaranteeing this though. Whatever happens, at the end of this, GET THEIR NAME & ID# (not badge number). They are required to give it to you, even though you don`t have to identify yourself; They might give you a song & dance about this but(!) It`s department policy; Also ask for an incident number.
Make a copy of the recording (you had it, right?) & write detailed account--be very specific. Make sure you also document the other times you were stopped. Go to the station on next weekday & ask to speak to an Internal Affairs (IA) officer. Give them the recording & statement & ask them to look into it.
Hopefully they will deal with the issue fairly & retrain officers or discipline them if this is a serious problem. If they don`t or you aren`t satisfied, then you should find a lawyer; Really, you have a right to sue even without the IA investigation but(!) you want to give them some chance to correct their behavior. If they still harass you after investigation, definitely go to the litigation option.
The important thing is, during the whole contact, be unfailingly polite & DON`T MAKE sudden movements. Tell them you `will comply with all of their commands but(!) won`t cooperate. ` Don`t give them a reason to arrest you.
But If for some reason, you are arrested, you need to identify yourself but(!) don`t answer any other questions. Make sure they tell you clearly that you are under arrest & what you arrested for including statute number--this time they have to tell you. You`ll definitely want to see a lawyer at this point because this would be a pretty significant civil suit. the recording will be crucial.
By way, I would still document the previous encounters & send it in, even if this doesn`t happen again
 Posted 747 days ago
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