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Olympia lawyer argues people don't have to show ID on demand

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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 10:32 AM
Original message
Olympia lawyer argues people don't have to show ID on demand
TACOMA, Wash. (AP) -- Olympia lawyer Lagrand Jones says it's not a crime to refuse to provide identification to police.

That's why he pleaded not guilty Wednesday in Tacoma Municipal Court to charges of trespassing and obstructing a police officer.

Jones was arrested last week during an anti-war demonstration at the Port of Tacoma where a ship was unloading Fort Lewis equipment returning from the Iraq war.

He's accused of approaching a fence on port property July 30 and refusing to give an officer his ID.

Jones told the Tacoma News Tribune, "I don't have to show my papers on demand. I don't live in that kind of world."

The judge refused a motion to dismiss the charge, and the case will continue to trial.

http://hosted.ap.org/dynamic/stories/W/WA_UNWARRANTED_ARREST_WAOL-?SITE=KPTK&SECTION=HOME&TEMPLATE=DEFAULT
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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 10:35 AM
Response to Original message
1. So it sounds like the judge is telling this lawyer we do
live in that kind of world where you show your ID on demand.
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TechBear_Seattle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 10:55 AM
Response to Reply #1
3. Not necessarily
If a municipal judge makes such a ruling from the bench, it would not set a precedent. If it goes to trial and then a municipal judge makes such a ruling, it will set a precedent. Once that precedent is set, things are prepared to get this before a state judge, maybe even a federal judge. If the ruling stands, all the better.

If the judge agrees with Mr. Jones, he did the right thing.
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bobbert Donating Member (548 posts) Send PM | Profile | Ignore Thu Aug-07-08 10:41 AM
Response to Original message
2. I think that once a law is broken, the rules change
It sounds like he was being charged, or at least suspected, of trespassing first, then non-compliance of a peace officer second. If it wasn't for the trespassing charge, he wouldn't have to show ID. I don't think he'll win the case.
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Matariki Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 10:58 AM
Response to Reply #2
4. A "peace officer"?
:spray:
Thank you George Orwell.
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isentropic Donating Member (344 posts) Send PM | Profile | Ignore Thu Aug-07-08 11:01 AM
Response to Reply #4
5. That's the standard term for an "official" policeman.
Comes from English Common Law.
:-)
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crimsonblue Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 11:44 AM
Response to Reply #2
10. Well of course after citation an ID is required
but law abiding citizens do not need to prove their existence. Otherwise is a presumption of guilt.
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High Plains Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 11:25 AM
Response to Original message
6. The US Supreme Court has upheld the show ID requirement.
Here's a link: http://www.dojgov.net/supreme_court_privacy.htm

But it depends on what state you are in. I don't know what the law is in Washington state.
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Trillo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 11:28 AM
Response to Original message
7. Some years ago (maybe the 70s or 80s) there was a similar story
involving a man who walked on the public sidewalks in wealthy neighborhoods of San Diego. He apparently didn't carry any ID with him, and was routinely hassled by cops. What I recall reading (in the news reports) was that he went to court and the right for him to walk in such areas without needing to produce ID or papers was confirmed.

While that case would appear different from a public versus private standpoint, the question remains why should he have to produce ID to a another private entity or their police agents, unless he broke some law? He's accused of trespassing, but at the same time, the text claims he was outside of a fenced area, so it would appear the alleged private area wasn't well secured. Perhaps its like a private mall where the public is encouraged to enter, or perhaps not discouraged?
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grasswire Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 11:37 AM
Response to Reply #7
8. he approached a fence, it says
Fer cryin' out loud. Now "approaching" a restricted area is trespassing????
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nadinbrzezinski Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 11:40 AM
Response to Reply #7
9. I'll add this to the story
he was harassed for being black while in a La Jolla.. he was a UCSD professor who STILL LIVES in the same house.
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Trillo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 12:14 PM
Response to Reply #9
11. Thanks for the details.
Edited on Thu Aug-07-08 12:23 PM by SimpleTrend
They were enough for me to look the guy up on Google, his name, and certainly his picture, is familiar. I saw him those many years ago, several times. Never stopped to talk to him, though (always a hassle when being somewhat introverted myself).

I believe this is the guy:
http://edwardlawson.com/
U.S. Supreme Court
Kolender v. Lawson 1983
ID Law Struck Down


I believe Kolender was the city police chief at the time, and he's now head of the SD County Sheriffs.

I don't mean to contradict your details, but I recall reading that Lawson didn't live in the neighborhoods (La Jolla) he was walking in, at least from what I recall of reading those news reports so long ago. In all likelihood, the reports I read were from the San Diego Union.
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nadinbrzezinski Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 12:33 PM
Response to Reply #11
12. Yeah I think kolender was the chief and he is still an asshole
It boggles the mind how many of these a-holes keep getting hired by the people... I mean Jerry Sanders is the origin for all the retirement fund mess, people have short memories

And that he lived in La Jolla came from some officers who actually were involved

Because of the case the whole SOP for contacting folks who are just walking was rewritten for not only SDPD but all regional departments
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mrreowwr_kittty Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 01:10 PM
Response to Reply #12
14. We have the King of the Assholes in my county. Sheriff Joe Arpaio.
They get reelected because people mistake being a mean bully with toughness.
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Arnold Judas Rimmer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 01:32 PM
Response to Reply #14
15. Any chances of getting rid of Sheriff Pink Panties this year?
I know he has an opponent, because I've heard his ads on the Nova M stream, which comes from Phoenix? Does the guy have a chance? Phoenix isn't exactly a progressive paradise, but one would think 20 years of Joe would be enough for anybody.
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mrreowwr_kittty Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 01:46 PM
Response to Reply #15
16. Joe's a tough opponent but we're making some progress
His approval rating is now 54%. That's high but it's down from 80% a few years ago. The latest polls show him getting 52% to Dan Saban's 38%. I wish Dan were doing better but it's not bad considering that Joe has raised $300k to Dan's $11k. The problem is that while a lot of people want to help Dan, including some prominent community leaders and business people, Arpaio keeps an enemies list and retaliates against people who contribute to his opponents.
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hunter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-07-08 01:05 PM
Response to Original message
13. I don't carry "official" identification except when I drive.
I didn't used to carry identification anywhere, even when I was driving, until I was married with kids and decided to be a somewhat "responsible" adult.

If you're not carrying identification with you, you can't show it to the police when they demand it.
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