Question for you LEO folks .

[dantheman]

Is there a law that requires you to identify yourself to a LEO when requested ? I've seen a lot of these FB videos where some guy is filming a cop and they demand to see an ID . It usually ends with a Supervisor being called and everybody walking away . And no , I am not asking " for a friend " . I'm just curious .

 

[dantheman]

I found this . LRS 14:108 ...(c) Refusal by the arrested or detained party to give his name and make his identity known to the arresting or detaining officer or providing false information regarding the identity of such party to the officer.

 

[Holmesbr]

I found this . LRS 14:108 ...(c) Refusal by the arrested or detained party to give his name and make his identity known to the arresting or detaining officer or providing false information regarding the identity of such party to the officer.

I think it depends on if you are detained or not. Alot of those audit videos the cop clearly states they are not detaining the person or suspecting them of a crime. But I believe it's state to state on if you have to ID if asked. I'm not an expert.

 

[dantheman]

Yeah , I saw the part about being detained , but my question is for someone that is just stopped and questioned and not " officially " detained .

 

[Fordfella]

I made a donation to one of those to one of those individuals after I was shaken down by St. Martin Parish SO. The next time it happens I'll respectfully decline to answer questions without an attorney present.

 

[AdvancedLaser]

Yes, Louisiana is a shall identify state.

Louisiana Code of Criminal Procedures 215.1 (A)

 

[dantheman]

Yes, Louisiana is a shall identify state.

Louisiana Code of Criminal Procedures 215.1 (A)

Yeah , but that's kind of a stretch , right ? Committing , committed , or about to commit an offense ...

 

[CuradoRoy]

First amendment auditors are just terribly annoying low-lifes.

 

[JBP55]

I made a donation to one of those to one of those individuals after I was shaken down by St. Martin Parish SO. The next time it happens I'll respectfully decline to answer questions without an attorney present.

That will cost you BIG.

 

[Danny Abear]

First amendment auditors are just terribly annoying low-lifes.

Calling them auditors is like calling a drug dealer a pharmacist

 

[dantheman]

First amendment auditors are just terribly annoying low-lifes.

Can't argue with that .

 

[AdvancedLaser]

Yeah , but that's kind of a stretch , right ? Committing , committed , or about to commit an offense ...

Not a debate dude. You asked for the law.

This is one of those topics that is going to go off the rails really quick, just wait.

 

[twinin]

That will cost you BIG.

As others said, LA is a shall ID state unlike others. What did the poster mean in his post and how will it cost him?

 

[JBP55]

As others said, LA is a shall ID state unlike others. What did the poster mean in his post and how will it cost him?

Hiring an Attorney will cost anyone BIG.

 

[twinin]

Hiring an Attorney will cost anyone BIG.

Gotcha. I had no idea what he meant

 

[KDerekT83]

I base it on the officers attitude. If he/she is a dick, I'm gonna make their job as difficult as I possibly can, short of saying/doing something that will likely put me in handcuffs. If the officer is relaxed/professional, polite, etc .. I'll speak to that officer as if they're a friend I've known for years will full respect. In my book, it's a classic, you get what you give scenario.

 

[Magdump]

It is my understanding that if stopped while driving, you of course have to provide a valid drivers’ license or at least identify yourself. As far as a cop just walking up to someone on the street or at their home, minding their own business, unless they articulate their suspicion that you’ve committed or are committing a crime then you don’t have to speak or identify other than to tell them you’re practicing your 5th amendment right to remain silent.
I’ve seen a cop ask for ID while at a park and watched a gentleman decline and he was respectful. He told the deputy that he could call him by his first name. Ultimately the man was not detained. Im not sure why the deputy was asking any of us for ID, as we were not involved with the reason they got called out (some idiot stunt riding at the park on Harrel’s ferry road. He asked for ID from several people standing around watching the rider. I nodded and acknowledged having ID but never pulled mine out.
I think that there is so much crap posted on YouTube that people get pumped before they even get approached by a cop. My feelings are that if I feel a cop is violating my constitutional rights for any reason I will give notice that I do not give consent and ask for a super while being polite and composed. If I can later take a payday off the city, I will indeed, but I won’t do anything to risk life or limb during the contact.
I’ve had a couple of negative contacts with police when they were clearly, I’m gonna say in the wrong, as in no legitimate reason to stop me. I did not resist or act an ass during either encounter. Both times I was released rather quickly.

 

[dantheman]

Excellent post .

 

[AdvancedLaser]

It is my understanding that if stopped while driving, you of course have to provide a valid drivers’ license or at least identify yourself. As far as a cop just walking up to someone on the street or at their home, minding their own business, unless they articulate their suspicion that you’ve committed or are committing a crime then you don’t have to speak or identify other than to tell them you’re practicing your 5th amendment right to remain silent.
I’ve seen a cop ask for ID while at a park and watched a gentleman decline and he was respectful. He told the deputy that he could call him by his first name. Ultimately the man was not detained. Im not sure why the deputy was asking any of us for ID, as we were not involved with the reason they got called out (some idiot stunt riding at the park on Harrel’s ferry road. He asked for ID from several people standing around watching the rider. I nodded and acknowledged having ID but never pulled mine out.
I think that there is so much crap posted on YouTube that people get pumped before they even get approached by a cop. My feelings are that if I feel a cop is violating my constitutional rights for any reason I will give notice that I do not give consent and ask for a super while being polite and composed. If I can later take a payday off the city, I will indeed, but I won’t do anything to risk life or limb during the contact.
I’ve had a couple of negative contacts with police when they were clearly, I’m gonna say in the wrong, as in no legitimate reason to stop me. I did not resist or act an ass during either encounter. Both times I was released rather quickly.

L.E. doesn't have to explain their rationale or reasoning or even give you their particulars for the contact. You dont get to decide to provide ID upon your personal understanding of the law. No where in the law does it say that L.E. has to approach you and explain their reasonable suspicion for the interaction and then you get to decide to provide your identification. This isnt Burger King. Part of being a member of society is having to deal with enforcement of societal rules. Just because cop bashing is predominant in the last five years doesnt meant it changes the way they do business. Would you stand in court, in front of the judge, and tell him to explain himself and that you would decide if you liked it or not ? No, you wouldnt. And he is just another extension of the law. It just happens that judge bashing isnt the latest attention getting scheme on YouTube these days.

And get in line...EVERYONE thinks they will sue the city and win the lottery for every single self perceived negative interaction they have with L.E. The same as EVERYONE thinks they can just say "I'll sue you" for whatever minor slight happens to them in life, and then it becomes actionable without an actual provable loss.

 

[Fordfella]

L.E. doesn't have to explain their rationale or reasoning or even give you their particulars for the contact.... No where in the law does it say that L.E. has to approach you and explain their reasonable suspicion for the interaction and then you get to decide to provide your identification.

I'm not an attorney, nothing I say should be construed as legal advice. Article 1 Section 13 of the Louisiana constitution of 1974 says otherwise.

Section 13. When any person has been arrested or detained in connection with the investigation or commission of any offense, he shall be advised fully of the reason for his arrest or detention, his right to remain silent, his right against self incrimination, his right to the assistance of counsel and, if indigent, his right to court appointed counsel.  In a criminal prosecution, an accused shall be informed of the nature and cause of the accusation against him.  At each stage of the proceedings, every person is entitled to assistance of counsel of his choice, or appointed by the court if he is indigent and charged with an offense punishable by imprisonment.  The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents.

Yes. LE does have to explain.