A federal judge has ruled that a law requiring a citizen to produce identification upon a police officer’s demand is unconstitutional under the Fourth Amendment.
https://www.ca4.uscourts.gov/opinions/191700.P.pdfWe have that law in Minnesota. This case is not from our district so it’s not controlling. But it’s certainly interesting.
Joe Doakes
Someone file a test case, already.
$10 says the reprobates will use this as precedent to allow GuataMexidorian caravans to walk across the border without having to show a passport, of ID of any kind.
“Passports? We don’t need no steenking passports!”
I skimmed the decision because my ancient eyes complain when I read small print on my phone. However, plaintiff appears to be a massive jerk. That’s not illegal of course, but it explains how he wound up getting tased, cuffed, and arrested. Fourth Amendment is very important for everyone. I believe the court ignored the value of the cops instincts to check this guy out because of his behavior. Who among us can run computerized codes on our cars at 2 AM? Getting out of a car when cops arrive is not intelligent. Viewers of “Cops” and “Live PD” will recognize pre-flight behavior.
The guy didn’t do anything wrong. If the cop had treated the guy as innocent to begin with: explained what he was up to – why he wanted ID, said that yes, he was free to go, the context of stopping because of catalytic converter thefts, perhaps it would’ve gone better.
Diagnostic tools aren’t that complicated to use (I’d have no problem running one at 2 PM or 2 AM). The guy is/was a mechanic. He had his own tools – which did *not* include those usually used for removing catalytic converters. He had a clean title. I didn’t see that he had a record (only skimmed the doc).
Sorry, I completely agree with the decision. This is the kind of crap that certain cops pull that makes life difficult for them all.