FlyerTalk Forums - View Single Post - San Diego teacher detained after refusing to answer BP question
Old Jul 26, 2017, 2:45 pm
  #29  
FlyingUnderTheRadar
 
Join Date: Nov 2005
Location: on the path to perdition
Programs: Delta, United
Posts: 4,786
Originally Posted by chollie
As I understand it, our local laws allow LE to stop anyone at any time to demand they identify themselves. You have to satisfy the officer's request somehow. Technically, you do not have to show ID - unless the cop claims he doubts your identity, at which point you can be detained if you can't immediately produce an acceptable ID.
That is not my understanding. Stop and ID laws (https://en.wikipedia.org/wiki/Stop_a...ify_statutes):

authorize police to legally obtain the identification of someone whom they reasonably suspect of having committed a crime. If there is no reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to provide identification, even in "Stop and ID" states.

(bolding added)

Just coming up to an immigration checkpoint or even a DUI checkpoint and refusing to answer does not give reasonable suspicion. As such, lacking reasonable suspicion there is no reason to detain let alone ask for ID.

That is why I find the ACLU information odd. And in fact, I believe the CBP has been sued for such detentions.
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