“Probable cause is not established by failing to present - TopicsExpress



          

“Probable cause is not established by failing to present identification upon request by a law enforcement officer.” (Moya v. United States , 761 F.2d 322, at 325-326) “Indeed, there is no general requirement in this country for citizens to carry any identification.” (State v. Barwick, 66 Wn. App. 706 at 709, 833 P.2d 421). “Defendant could not be arrested for refusing to give law enforcement officer his name pursuant to a statute prohibiting obstruction of public servant in discharge of his official powers.” (State v. Hoffman, 664 P.2d 1259, 35 Wa. App. 13, 16, 664 P.2d 1259). “A detainees refusal to disclose his name, address, and other information cannot be used as the basis of an arrest.” (State v. White, 97 Wn.2d 92, at 103, 640 P.2d 1061).
Posted on: Wed, 12 Nov 2014 03:20:00 +0000

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