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  1. #31
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: License Must Be Carried Even when Not Driving

    Quote Quoting BOR
    View Post
    Although not mentioned in MOORE, the Exclusionary Rule of the 4th AM is applicable to the states, see Mapp v. Ohio.

    IF a seizure was a direct byproduct of a 4th AM violation, the evidence must be suppressed.

    IF the federal constitution permits a stop but that state constitution forbids it, then it is soley a state matter of evidence exclusion.

    "STATUTORY" violations and contraband found as a result of it, are generally NOT subject to the exclusionary rule.

    To jump start this thread for fun and education, here is a recent case, just decided last week, from the Ohio Supreme Court, I live in Ohio. It cites Moore.


    http://www.sconet.state.oh.us/rod/do...9-Ohio-316.pdf


    Evidence obtained as a result of a statutory violation, and not a constitutional one, as I stated above, is generally admissable in court and not subject to the Exclusionary rule.

    In part:


    Analysis
    {¶ 11} Our decision in Weideman and the United States Supreme Court’s recent decision in Virginia v. Moore (2008), __ U.S. __, 128 S.Ct. 1598, 170 L.Ed.2d 559, are dispositive of this matter. Read together, Weideman and Moore stand for the principle that a law-enforcement officer who personally observes a traffic violation while outside the officer’s statutory territorial jurisdiction has probable cause to make a traffic stop; the stop is not unreasonable under the Fourth Amendment to the United States Constitution. Moore, __ U.S. at __, 128 S.Ct. at 1604, 170 L.Ed.2d 559; Weideman, 94 Ohio St.3d 501, 764 N.E.2d 997, syllabus.

  2. #32
    Join Date
    Jul 2008
    Posts
    853

    Default Re: License Must Be Carried Even when Not Driving

    That is the source for my screen name. I liked what the song said about cops. My pay comes from the tax payers, and I owe them service for the living that they provide (not to mention the really cool job and all the toys). I also like how the song said that the detective would get the facts. I'm pretty dogged about solving my cases. At least I was back before I was in management.
    I always took that line to be an insult to cops- Billy Mack is a detective who is trying to catch the two young lovers, who robbed a man's castle. The detective is trying to catch the thieves who steal, all the while living off of other people's money (taxes). In other words, there is no difference between them, as they both are taking money from others to make a living.

  3. #33
    Join Date
    Feb 2009
    Location
    Richmond VA
    Posts
    10

    Default Re: License Must Be Carried Even when Not Driving

    In the united states of America, You are not required to identify yourself to anyone, including police. If you are driving you might have to show your drivers license. This is not Communist China and I think maybe that cop should take a course in Constitutional law and Law-enforcement. "Right to free passage" If the police are investigating a crime and you obstruct them, they may charge you with that. They would of course have to articulate what the investigation was. You cant arbatrary be stopped because they want to know your identity. Check this site out many links to helpful info. ( note in some states like VA, a property owner or his agent can stop you for identity purpose, this applies to private security stopping you also. Check your states laws.)

  4. #34
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: License Must Be Carried Even when Not Driving

    Quote Quoting chiefva
    View Post
    In the united states of America, You are not required to identify yourself to anyone, including police.

    Did you read the whole thread about stop and identify statutes?

  5. #35
    Join Date
    Mar 2009
    Posts
    2

    Default Re: License Must Be Carried Even when Not Driving

    The officer told him that under Rhode Island law, when we got our license, we agreed to carry it on us at all times, no matter what we were doing.

    I admit, I did not read every single word of my license renewal, but I was rather shocked to be told this. Having to carry your license on you at all times is something that is usually expected in countries where freedom is seriously restricted.

    After running my drivers license, the officer let us go, but sternly warned my husband that he'd better never be caught outside without his drivers license on him ever again, the implication being that if he was, he would be in serious trouble.

    Is this really a law in RI?
    This sounded like it was dripping with BS. The part about having your license on you at all times. What the country do we live in, post WWII East Germany? “Papiere, bitte…”

    They had no right asking for the passenger’s ‘papers’.

    I did an extensive search and came up with nothing on having to carry it at all times.

    Did find this however, but no update:

    http://writ.news.findlaw.com/student...12_sucher.html

    It may not be a ‘law’ per se, but it may be enforced like it is. The bottom line here is that if a police officer can get away with saying something 999 out of 1000 times to make his life easier, he’s going to do it, whether it’s ‘law’ or not. Whilst there was no real valid reason for requiring the DL of the passenger, the fellow was throwing his weight around anyway.

    http://www.dmv.ri.gov/documents/manu...ing_Manual.pdf

    There is no mention in the RI driving manual about carrying anything at all times, other than insurance, and your license when DRIVING.

    So the short answer is, Mr. Police officer LIED.

    And how can they get away with it?
    Because We the People LET them get away with it.

    Thanks for any help anyone can give me for this question. It's really bothering me. If it is the law in Rhode Island, then that tells me that this country is not the same country I was born into.
    Exactly. This is NOT the same country you were born into. Patriot Act I and II, along with numerous executive orders by King George made sure of that.

    We live in a soon to be 3rd world Banana republic. Napoleonic law now rules the day, and you are guilty until proven innocent.

    Until people stand up to things like this, fight back in court, and actually WIN, it will never stop, and it is actually increasing exponentially as time goes on. Civics are not even taught in school anymore, and the upcoming generation has NO CLUE what their rights are.

  6. #36
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: License Must Be Carried Even when Not Driving

    Quote Quoting BrieReed
    View Post
    This sounded like it was dripping with BS. The part about having your license on you at all times. What the country do we live in, post WWII East Germany? “Papiere, bitte…”

    They had no right asking for the passenger’s ‘papers’.

    I did an extensive search and came up with nothing on having to carry it at all times.

    Did find this however, but no update:

    http://writ.news.findlaw.com/student...12_sucher.html

    Your link there discusses Hiibel, decided in 2004. The SC never stated an ID must be presented by those under investigation and if that jurisdiction has a stop and identify law. It stated a NAME may substitute for it. Even they recognized it is not mandatory to produce ID. Of course, again we are not talking about a person driving who must have a DL.

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