Indiana and refusal to identify

[Rookie]

Boredom can be useful at times...

Tonight I was searching about when you have to identify yourself.

Indiana code 34-28-5-3.5 states that you must provide identification ONLY IF you are guilty of an infraction or ordnance violation.

So, how are you supposed to know that you have committed an infraction or ordnance violation? Well...

Indiana code 34-28-5-3 states: whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordnance violation, the law enforcement officer may detain that person for a time sufficient to:
1. Inform the person of the allegation;
2. Obtain the person's
A. Name, address, and date of birth; or,
B. Driver's license, if in the person's possession; and
3. Allow the person to execute a notice to appear.

What I find really interesting is that the law was written in that order...

Anyway, while searching, I found this blog in another forum. The person refused to identify himself, the officer never gave a reason beyond "he was suspicious", but still chose to arrest him. All charges were dropped...

Aimless: Land of the Free, Part I

Some words are nsfw. Aimless: Land of the Free, Part I

 

[Rookie]

I've more to add...

Why was I looking this up?

Indiana 35-47-2-24 doesn't specifically state you have to show your LTCH, but it's pretty obvious your LTCH is your get out of jail card since carrying a handgun is illegal without an LTCH, but I can't find anywhere that you have to provide more than your LTCH.

So, if asked, my LTCH is the only thing I'll provide...

 

[public servant]

I've more to add...

 

[Destro]

So a prison guard sees a guy walking around the prison that he probably has never seen before walking down an interstate road (which I’m pretty sure is prohibited by federal law), when he tries to talk to the guy about why he is walking around the parameter of the prison, he walks away. Prison calls the sheriff because there is a strange guy walking the parameter of the fence who is uncooperative. Guy is uncooperative with the sheriff’s investigation in to the suspicious person complaint. Then resists arrest.
Somebody get me my Kleenex

 

[Fishersjohn48]

So a prison guard sees a guy walking around the prison that he probably has never seen before walking down an interstate road (which I’m pretty sure is prohibited by federal law), when he tries to talk to the guy about why he is walking around the parameter of the prison, he walks away. Prison calls the sheriff because there is a strange guy walking the parameter of the fence who is uncooperative. Guy is uncooperative with the sheriff’s investigation in to the suspicious person complaint. Then resists arrest.
Somebody get me my Kleenex

What does the Federal Law and the Interstate have to do with the price of eggs in China?

 

[Rookie]

So a prison guard sees a guy walking around the prison that he probably has never seen before walking down an interstate road (which I’m pretty sure is prohibited by federal law), when he tries to talk to the guy about why he is walking around the parameter of the prison, he walks away. Prison calls the sheriff because there is a strange guy walking the parameter of the fence who is uncooperative. Guy is uncooperative with the sheriff’s investigation in to the suspicious person complaint. Then resists arrest.
Somebody get me my Kleenex

IC 9-21-17-13
Sidewalk unavailable; use of shoulder
Sec. 13. If a sidewalk is not available, a pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.
As added by P.L.2-1991, SEC.9.
IC 9-21-17-14
Sidewalk or shoulder unavailable; use of outside edge of roadway
Sec. 14. If neither a sidewalk nor a shoulder is available, a pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway. If the roadway is two-way, the pedestrian shall walk only on the left side of the roadway.
As added by P.L.2-1991, SEC.9.

BTW - If the arrest is unlawful, than it isn't illegal to resist. Probably why the charge of resisting arrest was dropped.

Guess you should try to look up laws before you make snide comments.

 

[littletommy]

So a prison guard sees a guy walking around the prison that he probably has never seen before walking down an interstate road (which I’m pretty sure is prohibited by federal law), when he tries to talk to the guy about why he is walking around the parameter of the prison, he walks away. Prison calls the sheriff because there is a strange guy walking the parameter of the fence who is uncooperative. Guy is uncooperative with the sheriff’s investigation in to the suspicious person complaint. Then resists arrest.
Somebody get me my Kleenex

Ummmm....WHAT????

 

[Kirk Freeman]

Rookie, did you find the Starr case:

http://www.in.gov/judiciary/opinions/pdf/06221001lmb.pdf

 

[Rookie]

No, but thank you. It seems to back up what I'm saying...

Of course I'm no lawyer, so what say you?

 

[PatriotPride]

So a prison guard sees a guy walking around the prison that he probably has never seen before walking down an interstate road (which I’m pretty sure is prohibited by federal law), when he tries to talk to the guy about why he is walking around the parameter of the prison, he walks away. Prison calls the sheriff because there is a strange guy walking the parameter of the fence who is uncooperative. Guy is uncooperative with the sheriff’s investigation in to the suspicious person complaint. Then resists arrest.
Somebody get me my Kleenex

Wow. The term you are looking for is "Correctional Officer". This post was wrong from the third word.

 

[Kirk Freeman]

What do I say about what? Could you restate your question?

 

[Destro]

IC 9-21-17-13
Sidewalk unavailable; use of shoulder
Sec. 13. If a sidewalk is not available, a pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.
As added by P.L.2-1991, SEC.9.
IC 9-21-17-14
Sidewalk or shoulder unavailable; use of outside edge of roadway
Sec. 14. If neither a sidewalk nor a shoulder is available, a pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway. If the roadway is two-way, the pedestrian shall walk only on the left side of the roadway.
As added by P.L.2-1991, SEC.9.

BTW - If the arrest is unlawful, than it isn't illegal to resist. Probably why the charge of resisting arrest was dropped.

Guess you should try to look up laws before you make snide comments.

so umm....like....how does IC relate to federal law, like my post said?

 

[Destro]

Wow. The term you are looking for is "Correctional Officer". This post was wrong from the third word.

sorry to hurt your feelings maybe he was a "Correctional Police Officer"

 

[Rookie]

Does Starr back what I'm saying or am I missing something?

 

[Rookie]

so umm....like....how does IC relate to federal law, like my post said?

How about you come up with something better than "I'm pretty sure it's federal law"? Or is trolling the only thing you're interested in?

 

[public servant]

The term you are looking for is "Correctional Officer".

YouTube - Correction Officer Song


Great song.

 

[Destro]

in that case, there was no resonable suspicion, since he was not the driver.

in this case, the deputy made a simple Terry stop. You must identify yourself on a Terry stop HIIBEL v. SIXTH JUDICIAL DISTRICT COURT OF NEVADA, HUMBOLDT COUNTY, et al :: 542 U.S. 177 :: 2004 :: Full Text :: US Supreme Court Cases from Justia & Oyez

 

[Rookie]

What was his RAS? He never stated it in his report. No RAS, no reason to ask for identification= false arrest.

 

[Kirk Freeman]

Destro, we are not in Nevada.

Does Starr back what I'm saying or am I missing something?

Rookie, I'm sorry, not trying to be difficult, but what are you saying? Is there a question?

 

[Rookie]

USA Road Travel: A Primer on Hitchhiking Laws in the USA - Laws in USA -digihitch.com

There you go. So what was he doing wrong?