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Court: refusal to identify law applies to passengers

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Although state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis officers shouldn’t have arrested a man for refusing to identify himself when there was no reasonable suspicion he’d done anything wrong.


The Indiana Court of Appeals addressed that issue in a six-page opinion today in Adam Starr v. State of Indiana, No. 49A04-0912-CR-677, which overturned a ruling by Marion Superior Judge David Certo.


In September 2009, officers from the Indianapolis Metropolitan Police Department arrested Adam Starr for refusing to identify himself, a Class C misdemeanor as defined by Indiana Code 34-28-5-3.5. Two officers pulled over a vehicle driven by Starr’s girlfriend, who’d made an illegal turn. After determining her identity, the officers questioned Starr about his identity. He denied having any ID, claimed he could not remember his Social Security umber, and said his name was “Mr. Horrell.”


After police found a photo ID in the vehicle, he claimed the person pictured was his “identical cousin.” Officers determined his real identify and that an active protective order prohibited any contact between Starr and his girlfriend, and police arrested him on charges of privacy invasion and refusal to identify himself. Starr was acquitted on the privacy invasion charge, but convicted on the refusal charge and received an eight-day sentence in the Marion County Jail.


On appeal, he argued that the statute criminalizing the refusal to identify oneself is directed toward the driver of a vehicle stopped for a traffic offense and not to the passengers.


The appellate court determined that the legislature had not categorically excluded passengers from the statute’s scope and that police are able to detain passengers in certain circumstances during and as a result of those stops. But this case didn’t present circumstances, such as resistance, that allowed the police conduct.


Though most will comply with an officer’s request, the police power to request and obtain this identification isn’t unlimited, the appellate court pointed out.
“In the context of a traffic stop for a vehicular violation, the Good Faith Belief statute provides for detention of a person who, in the ‘good faith’ belief of the officer, ‘has committed an infraction or ordinance violation,'" Judge L. Mark Bailey wrote.

 

“The Refusal to Identify Self statute then criminalizes the refusal to comply with an officer’s lawful request under the statute authorizing detention. In this instance, although Starr was ‘stopped’ when the vehicle in which he was a passenger was ‘stopped,’ there is no showing that Starr was stopped as a consequence of any conduct on his part. There was no reasonable suspicion that he had committed an infraction or ordinance violation, giving rise to an obligation to identify himself upon threat of criminal prosecution.”


As a result, he didn’t fall within the scope of the state statute and his conviction must be reversed, the court ruled.
 

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

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  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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