Stop and Identify Local Ordinance

[GQ]

Not specifically for OC, but OC could be included.
Just discovered that Warren and Detroit (and I'm sure other municipalities) have ordinances on the books that define it as a misdemeanor if one refuses to identify oneself to a Leo when stopped (to keep it simple, assume individual is NOT operating a motor vehicle, just walking around in a public park). We all know Michigan does not have stop and identify laws. Do local ordinances have teeth in that regard? Let your inner lawyer out!

[CV67PAT]

You have the right to remain silent and not to answer any questions without an attorney present.

However, if you are arrested without identifying yourself, you are not eligible for interim bond.

[SteveS]

Do you have a link?

[gryphon]

GQ, SteveS is an attorney.  Any assistance you could provide would be helpful.

[GQ]

Ok, here we go:

Detroit: 39-1-52.3: yes, a case went to Supreme Court, arrest ruled not valid. However, not sure if ordinance still on the books.

Warren: 80-724 sec 22-110 part 7: yes, this is recently amended, still on the books. It's a tie in with the all encompassing Disorderly charge. Now that I read it more, the identify part was actually recently ADDED.

Wish I was at the city council meeting.

[linux203]

Warren:http://www.cityofwarren.org/images/stories/ordinances/80-724.pdf Harder to find, not in Municode yet.

Detroit:

Code: [Select]

https://www.municode.com/library/mi/detroit/codes/code_of_ordinances?searchRequest={%22searchText%22:%22\%2239-1-52.3\%22%22,%22pageNum%22:1,%22resultsPerPage%22:25,%22booleanSearch%22:false,%22stemming%22:true,%22fuzzy%22:false,%22synonym%22:false,%22contentTypes%22:[%22CODES%22],%22productIds%22:[]}&nodeId=PTIIICICO_CH43PO_ARTIINGE_S43-1-1AUPOOFSTQUSESUPE%22 Has case law reference.

[gryphon]

So Detroit's Failure to ID in 39-1-52.3 was struck down and removed.  Warren's "must ID" 80-724 is if a cop has RAS of a crime or pending crime.

[CV67PAT]

So Detroit's Failure to ID in 39-1-52.3 was struck down and removed.  Warren's "must ID" 80-724 is if a cop has RAS of a crime or pending crime.

If I'm being investigated for a crime, that's when I will need to be even more adamant about not wanting to answer any questions without an attorney present.

[SteveS]

So Detroit's Failure to ID in 39-1-52.3 was struck down and removed.  Warren's "must ID" 80-724 is if a cop has RAS of a crime or pending crime.

It should be void for the same reason as the Detroit ordinance.

[linux203]

If I'm being investigated for a crime, that's when I will need to be even more adamant about not wanting to answer any questions without an attorney present.

I'm not inclined to answer questions even with an attorney present.  The 5th amendment gives me the right to both counsel and not be a witness against myself.  Police interrogations are used at trial.  Exercise your rights early and often.

[CV67PAT]

I'm not inclined to answer questions even with an attorney present.  The 5th amendment gives me the right to both counsel and not be a witness against myself.  Police interrogations are used at trial.  Exercise your rights early and often.

I am quite certain my attorney would tell me to STFU.

[jgillmanjr]

I'm not inclined to answer questions even with an attorney present.  The 5th amendment gives me the right to both counsel and not be a witness against myself.  Police interrogations are used at trial.  Exercise your rights early and often.

6th Amendment for counsel