In 12 states (Alabama, Delaware, Illinois, Kansas, Missouri, Nebraska, New Hampshire, New York, North Dakota, Rhode Island, Utah, Wisconsin), police “may demand” identifying information.
If you’re a cop, you have to tell me.” … Does an undercover police officer have to tell the truth if he’s asked about his real identity? The short answer is no, he doesn’t, but let’s look at where this undying myth comes from along with some of the things that an undercover cop really can or can’t do in the line of duty.
Do I need to show a police officer my ID? Texas law only requires that you show your ID to a police officer under certain circumstances. These circumstances include: after you’ve been arrested, when you are driving, and when you are carrying a handgun.
While not carrying an ID is perfectly legal, failing to identify yourself verbally to an officer can lead to your arrest. Most states have ‘Stop and Identify’ laws which require individuals to provide their full names to law enforcement officers when asked. Failing to identify yourself can lead to being arrested.
Examples of entrapment include: Pressuring a person to illegally sell their prescription drugs by claiming you have no money and will die without the drugs. Repeatedly harassing someone via phone, mail, etc. to shoplift a laptop for your “school studies”
You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud.
As of February 2011, there is no U.S. federal law requiring that an individual identify themself during a Terry stop, but Hiibel held that states may enact such laws, provided the law requires the officer to have reasonable and articulable suspicion of criminal involvement, and 24 states have done so.
Talking to the Officer
You should generally let the officer do the talking, responding where appropriate. For example, when asked to hand over your license, registration, and proof of insurance, you should say something like, “Okay,” or, “Sure,” and fork over the documents.
In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions.
Duress is the potential legal defense in which the defendant argues that he or she should not be held responsible or criminally liable for whatever criminal act was committed because the act was committed only out of an immediate fear of injury.
The answer to your question is yes, undercover agents may get naked and touch private parts at times, especially in prostitution stings.
Entrapment is usually used as a defense to victimless crimes, such as buying illegal narcotics or soliciting prostitution. … Thus, if a person is induced to commit a crime by a private citizen, he cannot use the entrapment defense.
|127||Proceed with caution|
|128||No siren, no flashing|
|129||Request back up|
Federal courts across the country have found the public has a constitutional right to record cops. The general rule is that recordings are allowed as long as it doesn’t interfere with police doing their jobs.
Keep It Simple
The officer might ask “Do you know why I stopped you?” If you answer at all, your answer should always be “No.” Similarly, if the officer asks “Do you know how fast you were going?,” the best answer is “Yes.” The officer may then tell you how fast you were going but do not argue.
A police officer cannot open your door without probable cause that criminal activity is occurring, your consent, or a warrant. If he does, it is a violation of your 4th amendment rights and may be suppressed pursuant to the fruits of the…
Unless a police officer has “probable cause” to make an arrest, “reasonable suspicion” to conduct a “stop and frisk,” or a warrant, a person generally has the legal right to walk away from the officer.
Without a statement, an officer will arrest you because they do not know both sides of the story. Officers get angry if you do not give a statement and are more likely to arrest you. If they haven’t arrested you, you might be able to talk your way out of it.
Mere fear of disgrace without the fear of physical harm is insufficient to warrant an annulment for duress. To base annulment on force, restraint or threats, the duress must have been the inducing cause of the marriage such that the consent to marry would not have been given but for the duress.
Generally, if someone is being threatened or forced to commit a crime, they would be expected to report it to the police. … However, the crime must be committed to prevent something worse from happening, and it must be the only real option. Self-defense or defense of others would be such a defense.
There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person into committing illegal acts and then seek to prosecute him for doing so.
The reverse sting—also known as a “john sting” or “john operation”— is the most commonly used type of anti-demand tactic, having been implemented in more than 2,150 U.S. cities and counties.
Law enforcement agents are allowed to provide opportunity for the commission of a crime, but they cannot induce people to commit crimes by engaging in overbearing conduct such as badgering, coaxing or cajoling, importuning, or other acts likely to induce a normally law-abiding person to commit a crime.
Unlike creating an opportunity, entrapment occurs when law enforcement officers urge, harass, or otherwise overly encourage an individual to commit a crime when he or she would not otherwise do so.
A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant’s lack of predisposition to engage in the criminal conduct.
Code 1: A time critical event with response requiring lights and siren. This usually is a known and going fire or a rescue incident.
|Code||General Purpose||APCO (Association of Police Communications Officers)|
|10-6||Busy – Unless Urgent||Busy|
|10-7||Out of Service||Out of Service|
|10-8||In Service||In Service|
ID refusal 101 – Stop and ID State is a misnomer!