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As of 30 minutes ago at the time of posting, the NYPD has detained two young Black men after they refused their demands to show ID without explanation or cause. (files.catbox.moe)
submitted 1 year ago by to c/aboringdystopia@lemmy.world
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The NYPD is skulking through the L train demanding IDs from Black and Latino men, again with zero justified cause or explanation as to why.

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[–] 7 points 1 year ago (5 children)

I think it depends on the state? But from what I know in at least some states you don't have to do so unless there's reasonable suspicion of some crime having been committed. IANAL.

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  • [–] 6 points 1 year ago* (last edited 1 year ago)

    As another said, reasonable and articulable suspicion is required to id in every state and city in the country regardless of any lower laws or department policies. However(!), they do not have to share that reasonable suspicion with you at all, and can still demand ID without giving it to you. They can have reasonable suspicion against you that you are not aware of, such as matching a description for a crime you're not involved in. And They could very well have no reasonable suspicion and can lie in the report later if they need to justify it. So long as there isn't evidence contradicting them, the cop's word is assumed as fact. So a demand for ID that is lawful is indistinguishable from an unlawful one if they don't give you the details of their suspicion because you have no way to know if such reason exists or if it's reasonable or not.

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  • [–] 5 points 1 year ago (2 children)

    Just FYI to anyone who is reading this thread: In ALL states, even the ones with stop and ID laws, the cops have to have reasonable, articulable suspicion that you have committed, are commiting, or are about to commit a crime. 4th amendment right, also lots of case law.

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  • [–] 3 points 1 year ago (1 child)

    True, but they do not need to articulate their suspicion to you. The only person that they need to convince that they did have reasonable articulable suspicion prior to detaining you is the judge.

    The system is set up much more in favor of the cops than for you.

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  • [–] 1 point 1 year ago

    Agreed. If a cop wants to cop badly, there's not much you and I or anyone else can do about it besides speak up and hope they listen. And if they don't, don't resist and just sue later.

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