In NM
As a pedestrian on a public street, can a leo stop you and ask for ID? (provided you're not commiting or engaged in any suspicious activity) Anyone know? or could you point me to a link?
In NM
As a pedestrian on a public street, can a leo stop you and ask for ID? (provided you're not commiting or engaged in any suspicious activity) Anyone know? or could you point me to a link?
In the search bar above after new posts, key in; Hiibel; for posts, not threads.
We have discussed this before on the board.
As a matter of fact, believe it or not I was in the SC building in DC the day Hiibel was argued, no lie!!
Apparently NM does have a "stop and identify" law and is applied under 30-22-3:
30-22-3. Concealing identity.
Concealing identity consists of concealing one's true name or identity, or disguising oneself with intent to obstruct the due execution of the law or with intent to intimidate, hinder or interrupt any public officer or any other person in a legal performance of his duty or the exercise of his rights under the laws of the United States or of this state.
Whoever commits concealing identity is guilty of a petty misdemeanor.
However, my read indicates that there must be a lawful detention before such ID may be demanded. So, just walking down the street would not appear to enable that or any other statute unless a lawful detention was made.
That's really what I was trying to determine, as a pedestrian in complete compliance with the law, could a leo approach and demand you to ID yourself; the way I read it would be no, but upon further reading, I think "reasonable suspicion" may be used by the leo, in which they could demand ID, and I'm only speculating here, but IF the pedestrian had no ID on their person, the leo could detain long enough to verify or at least attempt to verify, and carrying that even further, IF the pedestrian was not entered into any leo databases, and got no hits, what would leo do? detain them indefinitely, until a positive ID was made?
No one can say for certain what an officer MIGHT do, but if the law allows the officer to extend a detention long enough to verify ID then, yes, he could. Whether one could be arrested for failure to have verifiable ID in NM or not, I don't know. There is likely some case law there that might address it.
Quoting from Florida v. Bostick:
(a) A consensual encounter does not trigger Fourth Amendment scrutiny. See Terry v. Ohio, 392 U.S. 1, 19, n. 6. Even when officers have no basis for suspecting a particular individual, they may generally ask the individual questions, Florida v. Rodriguez, 469 U.S. 1, 5-6, ask to examine identification, INS v. Delgado, 466 U.S. 210, 216, and request consent to search luggage, Florida v. Royer, 460 U.S. 491, 501, provided they do not convey a message that compliance with their requests is required. Thus, there is no doubt that if this same encounter had taken place before Bostick boarded the bus or in the bus terminal, it would not be a seizure. Pp. 4-5.