It is only possible to detain for identification if there is probable cause that the suspect was commiting a crime. ID laws do not give cops blanket authority to "check your papers" at will. They must have a reason to ask for identification.So it is possible that the police had lawful authority to detain Gray in an attempt to identify him. In Gray's case (18 prior arrests with the distinct possibility of being on probation or parole), such a detention could well yield lawful grounds to arrest him for either a criminal offense (failue to ID), or for administrative violations of his probation / parole status*.
* providing that one can be arrested for adminstrative violations of probation / parole. I am not certain, but my bet is that one can be. How often it happens, or if the police int his case made a formal conclusion of administrative violations, may be another matter.
Failure to ID is a criminal offense. Likewise, people on probation or parole might not enjoy the full right of refusal to answer other questions. For example, I know that some California parolees are "fourth amendment waiver" parolees and have signed an agreement waiving 4th amendment rights.
Ms. Mosby said,
“The knife was not a switchblade and is lawful under Maryland law.”
That may be a misdirection as it was not Maryland law he was charged under. It was City Code.
Then the actual code, as provided, may be applicable (spring assisted is more than likely to fall under that law), and even if not that does not mean there was no probable cause, as probable cause can be based on a mistake.
Last edited by Excon; 05-02-15 at 02:03 PM.
"The law is reason, free from passion."
The media has always reported on it but this is totally different. Did you even know that 3 of the officers charged were black until that was mentioned? Did the news you watch even mention that or show this picture:Well good. At least finally the media is reporting on black on black violence then.
edit: quoted myself for some reason originally
Last edited by JohnWOlin; 05-02-15 at 02:03 PM.
"We’re going to close the unproductive tax loopholes that allow some of the truly wealthy to avoid paying their fair share. In theory, some of those loopholes were understandable, but in practice they sometimes made it possible for millionaires to pay nothing, while a bus driver was paying ten percent of his salary, and that’s crazy." -Reagan