Duty to Identify As Law Enforcement Officer

[Pro Se ParaLegal]

My question involves police conduct in the State of: New Mexico

Can You be threatened with arrest by someone who refuses to identify themselves as a LEO, by not giving their name, when they are NOT in uniform or openly displaying their badge of office or their credentials (ID as LEO)?

[flyingron]

Police only generally need to identify and show credentials when they want people to act in a way that they would not be required to if the person was not the police.
I can threaten to arrest you without even being an LEO.
What are you getting at?

[mindrd]

I am unaware of any law that mandate that citizen have to present an ID upon request, There is not a law here in texas.

[cdwjava]

My question involves police conduct in the State of: New Mexico

Can You be threatened with arrest by someone who refuses to identify themselves as a LEO, by not giving their name, when they are NOT in uniform or openly displaying their badge of office or their credentials (ID as LEO)?

A person can generally threaten another with arrest for some perceived criminal act. If they act on that threat without probable cause and outside of the parameters of state law, the person can face civil and even criminal penalties.

[BOR]

My question involves police conduct in the State of: New Mexico

Can You be threatened with arrest by someone who refuses to identify themselves as a LEO, by not giving their name, when they are NOT in uniform or openly displaying their badge of office or their credentials (ID as LEO)?

Threatened with arrest, sure. However, if you refuse to present an ID to an officer who does not present himself to be, and are actually arrested for such, say for obstruction, etc. you will prevail in court and IMO have a good case for false arrest.

As we see in Brown, the person was stopped and asked to ID himself without cause, WHILE the officer's were in uniform, it was struck down.

http://www.law.cornell.edu/supct/htm...3_0047_ZS.html

NOW, in Hiibel v. Sixth Judicial District, 2004, US SC, we see for such a valid charge to be brought under any stop and identify law, it must be clear the person is asked by a police officer. An officer who fails to ID themselves, under the notice requirement, is not an officer for purpose of a criminal charge, IMO.