you are correct that I do not get to determine if it's a probable cause or not but I can try to get officer to tell me what the probable cause is. This is where you have to use your best judgment when responding to officer. It depends on the scenario. On most cases - you can really know if there is a probable cause or not. It's kinda obvious. Again - use your best judgment.
Crime events can go down quickly. The officer might not have time to give you an explanation. It's the officer's judgment as to whether or not there is probable cause. It's not for you to decide. If there is any dispute, it has to be sorted out at the station house or court house later.
However - if I were in the vicinity of crime, then yes I will have to comply as per Terry Stop law.
That's just it.
You don't know whether or not a crime has been committed nearby--the officer does.
The officers can have a "consensual conversation" - a casual conversation with me when in their mind that they're suspecting me of being involved with the crime but lack specific facts to produce a probable cause. The officer can kindly ask me for my ID without probable cause and it is up to me to show ID or not. By law - I do not have to comply with their request. "Am I free to go?" is all I can ask.
Sure. When the officer gets a call at the crowded mall that someone who fits your description left a suspicious package under a bench, he can let
you decide whether or not to cooperate. PLEASE!
I'm not a firm believer of "Nothing To Hide, Nothing To Fear" doctrine (aka "if you have nothing to hide, then you have nothing to worry about.").
It's true that innocent people can be wrongly swept up in the urgency of crime prevention, investigation, and prosecution. However, we can't live in a paranoid state of fear that could hinder orderly law enforcement and protection of others.
Honestly, suppose you refuse to show your ID, within your rights, but get arrested anyway. What benefit was there to acting liking a jerk?
I don't believe in police state. Orwellian state. fascist state. That's why I live in America, not England or Germany. France requires people to show ID when requested with or without probable cause.
A police state, Orwellian state or fascist state wouldn't allow you recourse for police abuses. The USA does. Like I stated, at the station house or court house, you can get that recourse. On the street, in the mall, at the airport, while events are going down, is not the time to get into a Constitutional discourse with officers.
if you're in a vehicle - you are required by law to provide ID upon request. no matter what. That's the primary difference. If you are walking on sidewalk, minding your own business - you are not required to provide ID upon request if there's no probable cause.
How is that different from driving down the highway "minding your own business?" If you don't believe in showing your ID while walking, why are you OK with showing your ID while driving? That's inconsistent.
[qutoe]Because of Camillo and Downing - the officers will smarten up and there will be less victims of police harassment in the future time. In fact - Camillo and Downing cases were bolstered by previous cases. Not all officers are aware of it so there's nothing we can do except to stand up for your rights - either on street or at court. [/quote]
Oh, it will effect them all right. They might become more hesitant to approach and question suspects, and so let some bad guys get away.
I don't think it's nonsense when it comes to Civil Rights violation. I hope the cop would play it cool and not be stupid enough to get a mark in his jacket (a lingo for bad record in his police file)... which would lead to questionable credibility issue for his pending arrest cases.
Civil rights aren't nonsense but one's approach can be nonsensical.
I should not be jailed for failing to produce ID if there's no probable cause like Downing and Camillo but hey... if the officer wanna go down that path, let's go. I have nothing to lose but the officer does - he'll risk his credibility in his jacket and possibly his job.
If you hinder an investigation of a possible crime just to make a point I don't see how that benefits anyone.
Maybe you feel you won't have anything to lose but the victims of crimes might not feel that same way.