Being harassed by Police or Security guards. What are my rights?

[R_P_A_S]

First of all. I'm sorry if this has been posted before. When it comes to the Police in the United States... are all states, counties and cities different when it comes to basic rules and procedures?

For example:

When you are walking down the street and lets say you look "suspicious" to a police officer does he have enough merit to ask you for your ID? Are you required to show him your ID? If you refuse can he arrest you? issue you a ticket?

What if I'm sitting around the steps of a private building taking a photo of a friend and a security guard asked me to leave because "it's private" property... I'm not in the building.. I'm on the steps.. just taking a photo.. Is this illegal?

thanks

[FreeEire]

https://www.youtube.com/watch?v=yqMjMPlXzdA

Covers security guards as well. They can only harass you on private property.

[Die Rote Fahne]

Never speak to them.

[ellipsis]

For example:

When you are walking down the street and lets say you look "suspicious" to a police officer does he have enough merit to ask you for your ID? Are you required to show him your ID? If you refuse can he arrest you? issue you a ticket?

What if I'm sitting around the steps of a private building taking a photo of a friend and a security guard asked me to leave because "it's private" property... I'm not in the building.. I'm on the steps.. just taking a photo.. Is this illegal?


First, no you cannot be randomly IDed. They have to have specific and reasonable suspicion that you were/are involved in a specific illegal act. If a cop stops you, ask "Am I being detained?" if they say no, walk away. if they say yes ask "why am i being detained?" if they do not have a reason, i.e. investigating a crime, then it is an illegal detention.

Second, unless the security guard works for the property or otherwise has power of attorney, they cannot ask you to leave. If the steps have a no trespassing sign or notice then yes it is illegal. If it is a random security guard and there are no signs, you are allowed to be there.

Also, IANAL.

[ВАЛТЕР]

Reasonable cause is really all they need to search your car etc.

They DO have a right to pat you down in order to insure their "safety", whether or not you have done anything wrong. (This is only if you are outside and they are speaking to you directly)

They can only keep you there for the minimum amount of time necessary to complete what they were doing in the first place. If you get pulled over, they can only keep you long enough to write you a ticket and get your information. Any longer and it becomes holding without charge.

In general if you are being interviewed (different from interrogation in that you are not under arrest) you have the right to refuse to speak to them, or answer their questions. If you are placed under arrest you have the right to remain silent and to a lawyer. CONTRARY to popular belief they ONLY have to read you your rights before interrogation. Not necessarily after arrest. Your right to remain silent is your biggest ally. Say/do NOTHING without having a lawyer present. DO NOT answer shit, about shit until they get you a lawyer, and even then speak to your lawyer to decide the best course of action.

- Did Paralegal work for a while and have a degree in criminal justice. Any question, about US police procedure, come and ask me.

[ВАЛТЕР]

As for security guards, the second you are off of private property then they can only call the police. OR sit their with their dicks in their hands.

[I_hate_ants]

What about the border. Say you fly in from another country. You have to show your passport. Then what?

What if they refuse to give you back your passport and just delay you?

[ellipsis]

What about the border. Say you fly in from another country. You have to show your passport. Then what?

What if they refuse to give you back your passport and just delay you?

Get a lawyer!

[Ele'ill]

First, no you cannot be randomly IDed. They have to have specific and reasonable suspicion that you were/are involved in a specific illegal act. If a cop stops you, ask "Am I being detained?" if they say no, walk away. if they say yes ask "why am i being detained?" if they do not have a reason, i.e. investigating a crime, then it is an illegal detention.

I may be mistaken but in some cities (states?) isn't it considered unlawful to not have an ID?

[ВАЛТЕР]

I may be mistaken but in some cities (states?) isn't it considered unlawful to not have an ID?

I personally have not heard of it. It sounds highly unlikely, but who knows? Especially with the new fear of illegal immigration and whatnot. However, I seriously doubt it, as I haven't of it till now.

If you are going somewhere with the potential to be arrested, etc. Do not carry your ID with you. Hell, I remember back in High School when I went to parties and whatnot I'd always leave my ID in my car or my friends car. Simply because it complicates the officers' job, and if you are actually doing something illegal it gives you more time to think of a way to escape and not worry about them having your name down.

I suggest that if you are attending a protest that you expect the fuzz to be at. Do not have your ID on you.

[ellipsis]

I may be mistaken but in some cities (states?) isn't it considered unlawful to not have an ID?

Not that I know of... but if you do stop you and need an ID, they can hold you while they run your fingerprints or until you tell them who you are.