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Must Show ID to LEO?
 Moderated by: jpierce  
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Sig229
Member


Joined: Thu Dec 14th, 2006
Location: Morgantown, West Virginia USA
Posts: 114
Status:  Offline
 Posted: Wed Aug 13th, 2008 05:37 pm
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I notice in some states that this is an issue.
I was wondering if West Virgina requires you to show your ID or to give your name to a LEO while OC'ing and NOT operation a motor vehicle.
For instance, if your walking down the street and a LEO rids up and asks yuo for ID, are you legally obligated to give or tell them?

I have looked for some WV code regarding this, but I cant find it.


ilbob
Activist Member
 

Joined: Tue May 9th, 2006
Location: Illinois USA
Posts: 692
Status:  Offline
 Posted: Wed Aug 13th, 2008 06:16 pm
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Do you object to stating your name or showing ID to cops who ask for it? Forget the OC aspect for now. Its not relevant.

Last edited on Wed Aug 13th, 2008 06:16 pm by ilbob

Sig229
Member


Joined: Thu Dec 14th, 2006
Location: Morgantown, West Virginia USA
Posts: 114
Status:  Offline
 Posted: Wed Aug 13th, 2008 06:27 pm
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Yes, I object to police stopping me and interfering with my personal travels while I am NOT committing a crime.

Just like when I am on my way to my night job and the police have checkpoints for seatbelt, car seats DUI and "what ever they want to look for this week" when I am legally driving my legal vehicle.

I dont know about you, but the Soviet Union, Communist China and Nazi Germany all had random checkpoints in many different cities. Many times, under the guise of "public safety".

I have never drank and got behind the wheel, so why an I a suspect all of a sudden?

The same goes for walking down the street. OC is 100% legal in most of WV, and I am not threating in any manner to the public, why should I be stopped and harassed for a half hour by the police for doing nothing wrong?

As for why I may not have my ID-
I sometimes walk down to the neighborhood park with my dog and also walk down main street to get coffee, magazines for just to get out in the air. Therefore, I dont need (or want) to have my ID on me.

Last edited on Wed Aug 13th, 2008 06:27 pm by Sig229

ilbob
Activist Member
 

Joined: Tue May 9th, 2006
Location: Illinois USA
Posts: 692
Status:  Offline
 Posted: Thu Aug 14th, 2008 02:53 pm
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well good for you. now if we can get a few million more people to agree, maybe we can get some laws changed.

Sig229 wrote:
Yes, I object to police stopping me and interfering with my personal travels while I am NOT committing a crime.

Just like when I am on my way to my night job and the police have checkpoints for seatbelt, car seats DUI and "what ever they want to look for this week" when I am legally driving my legal vehicle.

I dont know about you, but the Soviet Union, Communist China and Nazi Germany all had random checkpoints in many different cities. Many times, under the guise of "public safety".

I have never drank and got behind the wheel, so why an I a suspect all of a sudden?

The same goes for walking down the street. OC is 100% legal in most of WV, and I am not threating in any manner to the public, why should I be stopped and harassed for a half hour by the police for doing nothing wrong?

As for why I may not have my ID-
I sometimes walk down to the neighborhood park with my dog and also walk down main street to get coffee, magazines for just to get out in the air. Therefore, I dont need (or want) to have my ID on me.

Fallschirmjäger
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Joined: Wed Sep 19th, 2007
Location: Cumming, Georgia USA
Posts: 110
Status:  Offline
 Posted: Thu Aug 14th, 2008 02:54 pm
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West Virginia isn't one of the states listed by Wikipedia as a "Stop and Identify" state.
(Take that for what it's worth; Wikipedia being an open source and subject to editing by anyone).

That said, there seems to be no legal requirement to present any form of identification to law enforcement, unless you are doing a liscensed activity that requires you to posess identification, such as driving a car.

They (LEO's) can ask, they can demand, they can tell you that you it is required, they can swear on a stack of Bibles that you Have to show identification.  They can tell you that if you don't come up with something, right damn now, that you are going down to the station.    
>They are not required to tell the truth.<

Best course of action?  Give them your true name, date of birth and current address.  You've now identified yourself in a manner that has met Supreme Court approval.



ilbob...
Is there a law in West Virginia that you think requires government identification to be carried 24/7 in case you are asked to identify yourself?  
Heck, even Illinois doesn't require that identification be shown, and that's pretty close to Chicago, I think.
If there isn't one, then not much needs to be changed.

Last edited on Thu Aug 14th, 2008 03:02 pm by Fallschirmjäger


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