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  1. #1

    Default Can the Police Demand to See Your ID When You Have Done Nothing Wrong

    My question involves civil rights in the State of: NV

    So I was parked at a public rec area minding my own business when these two patrol cars roll up and block my car. Cop walks up to my window then demands to see my ID which I refuse since I did nothing wrong. He then threatens to arrest me and lock me up if I don't. I give in because I believe him. He claims he's seen me there too often (once a week at most to hike... but who cares if I go 50 times????) and then blames me for all the trash, graffiti, you name it on me with 0 proof and basically bans me and threatens to keep harrassing me if I ever return.

    So did this ahole cop violate my civil rights and what can I do about it?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,407

    Default Re: a Violation of My Civil Right

    You can complain to the employing agency if you want.

    And, yes, in NV if you are detained for a probable violation of the law, you are required to provide identification. Whether you did something wrong or not, I cannot say. Apparently the officer thought you did.

    Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004)
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3

    Default Re: a Violation of My Civil Right

    I highly doubt that using a public rec area "too often" (in his mind) hardly qualifies as probable cause.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,407

    Default Re: a Violation of My Civil Right

    Quote Quoting acai
    View Post
    I highly doubt that using a public rec area "too often" (in his mind) hardly qualifies as probable cause.
    There could have been something else about it. I don't know, you don't know, and since it's not going to court, we'll NEVER know.

    But, the LAW says that in the state of Nevada they can demand ID if you are detained for a possible crime. This does not mean that it has to be an actual crime, only a possible one. It could have been any number of things, and the bar is pretty low for such detentions.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5

    Default Re: a Violation of My Civil Right

    Quote Quoting cdwjava
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    You can complain to the employing agency if you want.
    I, not sure just how effective that is. If you're going to complain I would say to do so through a lawyer although that will cost money.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,407

    Default Re: a Violation of My Civil Right

    Quote Quoting Justified Force
    View Post
    I, not sure just how effective that is. If you're going to complain I would say to do so through a lawyer although that will cost money.
    Considering it does not appear that anything actionable occurred, paying a lawyer to ... what? Complain to the agency? Kind of pricey to pay a couple thousand dollars when you can do the same thing yourself for free.

    Or, the OP could simply let it pass. Which, given that this is a month old and nothing more has come of it, I suspect that is what he did.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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