Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

When does an Indiana State Trooper, Indiana County Deputy or

Indiana Municipal Officer of the...
When does an Indiana State Trooper, Indiana County Deputy or Indiana Municipal Officer of the Court have the authority to legally demand persons to Identify themselves? If it is a legal demand Are the choices only Identify or Possibly be charged with Obstruction of Justice?

My goal is to exercise all my rights at all times. I wish to be secure in my person, personal effects and personal property from unwarranted searches.

I believe that our "legal" name and personal information are deemed our personal property and are protected from illegal searches under Indiana and US Constitutions. Can you confirm paragraph?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 minutes by:
3/3/2013
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
Experience: Handling criminal and probation matters for over 14 years.
Verified
Welcome and thank you for your question!

What is your source of information for the paragraph you've cited?
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

Based off my own researches, based off the wording of both Indiana and US Constitutions, because I am not property of State or Federal Governments and because I am not property of Counties or Corporate Cities it seems logical to me that my name is XXXXX XXXXX


 


 

Thank you. Let me ask you a question from a different angle. At the time of the questioning, did you commit a crime and -- by answering the officer/trooper's question about your name, would your answer become an admission to a crime?
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

I am trying to find the parameters in which I must answer to "Identify" questions by Law Enforcement Personnel. I understand that Indiana is a "Stop and ID" state. I am wanting to understand what would warrant Law Enforcement personnel to invoke their authority regarding identifying persons. In what situations do they have authority and which do they not have authority to identify persons.


 


To be clear I am not citing a situation that has happened to me lately. There is no case on going that I am discussing. I am simply looking to be made aware of my own rights as well as the Authority of the Law Enforcement Personnel to Demand ID as well as when those Demands are unlawful.


 


I can for see myself not wanting to give out my information if I am passenger in an Automobile at a police stop, check point or possibly a scene of an accident. I can for see myself not wanting to give out my information when I am walking down the street/sidewalk. I can for see myself not wanting to give out my personal information if a Law Enforcement officer comes to my address to ask questions.


 


To answer your questions directly.


No crimes were committed.


My answer would not be an admission to a crime.


*However, If my answer were an admission to a crime I would not answer and be within my rights.


 


Thank you for your help!


 


 

Law enforcement can ask at any time. The only time you have the right to refuse to answer their question is if your answer would result in you admitting to a crime.

In Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), the Supreme Court held that the name disclosure did not violate the Fourth Amendment prohibition on unreasonable searches and seizures. The Hiibel Court also held that, because Hiibel had no reasonable belief that his name would be used to incriminate him, the name disclosure did not violate the Fifth Amendment right against self-incrimination; however, the Court left open the possibility that Fifth Amendment right might apply in situations where there was a reasonable belief that giving a name could be incriminating.

You can learn more about the Hiibel decision here: http://www.oyez.org/cases/2000-2009/2003/2003_03_5554

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

You state that Law Enforcement can ask at any time and that I must comply unless I would be admitting to a crime.


 


Law Enforcement doesn't have to have reasonable suspicion of a crime to demand for me to Identify myself? I understand that any body can ask for anything at any time. Asking is not what I'm discussing. Legally having authority to demand ID is the subject.


 


So Law Enforcement can walk right up to me, give me no reasons and demand me to identify my self and I must comply?

Customer reply replied 4 years ago

Relist: Inaccurate answer. "Starr V. Indiana" States that there are at minimum some guidelines regarding when I must comply with Law Enforcement's request to identify myself. I asked for a detailed answer and promised to pay for one. I believe I was given a vague answer when answer came back that only time I was legally not obliged to Identify myself was when I would be violating my 5th amendment rights.

Irwin Law
Irwin Law, Attorney
Category: Criminal Law
Satisfied Customers: 7,474
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Verified
In view of the fact that you've obviously read the STARR case, your question makes no sense. STARR is in clear. Are you asking for a list of every possible circumstance under which you can be asked for identification by a PO? Please clarify what you are asking for, and we'll try to assist.
Ask Your Own Criminal Law Question
I am happy to address your follow-up concerns.

Let me be clear, and the U.S. Supreme Court is clear: you have a Fifth Amendment Right to refuse to answer the officer's question if your answer would result in you admitting to the commission of a crime.

With all due respect, I understand why the Starr decision is of interest to you; however, there is a difference between whether or not a state criminal law may be in play and whether or not the law itself is unconstitutional.

In Starr, the court simply found that under those facts, the statute did not come into play. The court in the Starr decision never made a determination about constitutionality of the statute. The Starr court didn't have to address the constitutional issue because they first decided that the statute didn't apply in those given facts.

The state-court Starr decision does not impact my original answer.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

I only read "Starr V. Indiana" after you referred me to the Hiibel case. The Link to Hiibel and a subsequent search got me to the Starr case. So I was unaware of Starr V Indiana when I originally asked my question.

 

Thank you for the link as that site is very informative.

 

I mentioned Starr V. Indiana because when I read the Decision I became aware of a "Good Faith" obligation of LEO's in Indiana. If I understand correctly a LEO must in "good faith" believe that a statute or ordinance infraction has occurred to Lawfully Demand that a person Identify Themselves.

 

This is all I'm after. I want to know when I can refuse to ID myself. It seems that there are some parameters or protocol out there that a LEO must work with before Lawfully Demanding a person Identify themselves.

 

Can you confirm this? Can you cite the law which discusses Good Faith and perhaps give your interpretation?

 

Or, am I incorrect and a LEO can at any time with no good faith belief, reasonable suspicion or any other basis or parameters Lawfully demand a citizen ID themselves. To me this just Smacks of being Unconstitutional and again I am reading and finding information which suggests that there are indeed guidelines that must first be meet.

 

I'm not trying to be difficult. I only opened my question up to other experts because the timer had ticked down and I imagined you were busy with other questions. Plus getting other opinions can't be a bad thing. Plus a option box appeared on my screen for me to do so and I really didn't give it much thought about how this could possibly insult you or your colleagues.

 

Thank you for your help so far and I'm eager to hear your response!

 

Sincerely,

Dumb Guy Who Wants to Understand His Rights

Thank you for the follow-up. I can appreciate the fact that you would like a bright-line of constitutionally-tested standards.

However, at this time, there is only one and it is that officers can ask at any time. The only time that you can constitutionally-refuse to answer is when your answer may result in you admitting to a crime.

Now, what can the consequences be when an officer asks for your name, and that answer won't result in you admitting to a crime? It depends. Nothing may happen. Or, you could be charged with violating a state or local law. If charged with such a crime, do you have the right to fight the charges and make law for the argument that you have a constitutional right of free speech to remain silent?

Yes, you have the right to make such a legal defense. The law right now is not certain.

You will be interested to know, however, that in January of this year, the U.S. Supreme Court agreed to hear the case of Salinas v. Texas, No. 12-246. That case will address a major open question in the court’s Fifth Amendment jurisprudence: May the failure to answer a police officer’s questions before an arrest be used against a defendant at trial?

The Supreme Court has said the amendment’s protection against self-incrimination applies after arrest and at trial. But it has never decided, in the words of a 1980 decision, “whether or under what circumstances pre-arrest silence” in the face of questioning by law enforcement personnel is entitled to protection.

So, the best answer I can give you is to stay tuned to see how the U.S. Supreme Court will handle the Salinas case. It's scheduled for argument in April 2013.

You can bookmark this page to keep an eye on the case: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-246.htm

~~ J.B.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

That is interesting! I will follow that case.


 


So, no discussion about definition of Good Faith. No confirmation regarding if "Good Faith Belief" is in fact protocol which must be meet prior to Lawfully Ordering a Citizen to ID themselves?


 


http://www.youtube.com/watch?v=-1KS6DXz7fY


 


This is a pretty cool video about a LEO standing up for a citizen's Constitutional Rights. I'd urge you to watch the whole video if you have the time. If not please at least view starting at 10 min mark. At 10min 20sec mark the Deputy states that the Cameraman "is not doing anything wrong and if I ask him for his ID he does not have to give it to me".


 


New York is a Stop and Identify State. Is this cop just making up stuff to get out of the Jam and settle things down a bit or does this part of the video, like other videos I've seen and cases I've read, suggest that there needs to be evidence, a good faith belief, reasonable suspicion of a crime being committed, already committed or about to be committed to permit the LEO to legally Demand ID. Again, I understand that anyone can ask for anything at anytime, regardless if you are LEO, Citizen, President, Illegal Allien, Etc.

Thank for sharing the video. Please understand that there can be a difference between what a police department's internal policy is, what a local law is, what a state law is, and what the U.S. Supreme Court has declared to be constitutional. They are not always the same standard. Just like, for example not all burgers are the same. Not all french fries are the same. When you get to the details (e.g., brands), there are differences.

As the Supreme Court has said before, however, an officer can ask anyone at any time for their name/ID. The consequences of what can legally happen upon a refusal has not been decided with finality by the courts.

~~ J.B.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

Yes, I certainly am understanding what you mean about the varieties of Laws. Unfortunately it seems you have to be a lawyer or devote years of study to be able to begin to understand how answering a question might impact the rest of your life. What a Country!! =)


 


Just found this.


 


http://www.in.gov/legislative/ic/code/title34/ar28/ch5.html


 


About 1/4 way down the page you will find the below copied Indiana Code regarding Detention and refusal to ID.


 


IC 34-28-5-3
Detention
Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance 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.
As added by P.L.1-1998, SEC.24.


IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.


 


 


This seems to me to state that The LEO encounter must pass on from the Consensual discussion phase and proceed into the Detention phase of the Stop in order for LEO to legally Order a Citizen to ID themselves. The above Indiana Code ( or is it statute?) discusses Good Faith Belief of an infraction or ordinance violation to initiate the Detention phase of the encounter.


 


Am I wrong? Through my ignorance of the law am I making a mistake and not reading the correct Codes?


 


Can you define "Good Faith" within the context of these Codes? I have looked and can't seem to find one. I'm sure I just don't know the proper place to look.

You are reading the correct code/state law adopted in Indiana. Not all states have such a law and that particular law has not been tested in the courts for its constitutionality.

Good faith is an abstract and comprehensive term that encompasses a sincere belief or motive without any malice or the desire to defraud others. It derives from the translation of the Latin term bona fide, and courts use the two terms interchangeably.

~~ J.B.
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
Experience: Handling criminal and probation matters for over 14 years.
Verified
JB Umphrey and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Thank you for the Information and for sharing that Supreme Court Case with me.


 


 

You are very welcome! Best wishes to you.

~~ J.B.
Ask Your Own Criminal Law Question
Ask JB Umphrey Your Own Question
JB Umphrey
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
20,233 Satisfied Customers
Experience: Handling criminal and probation matters for over 14 years.

JB Umphrey is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Is corruption of a minor a misdemeanor or a felony?
Is corruption of a minor a misdemeanor or a felony? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
How is it that the justice system can ignore the truth and
How is it that the justice system can ignore the truth and rely upon a third person's story to victimize a family?There is no crime, yet the city attorney is pushing for a false charge and the judge i… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
I was wondering if someone with a obstruction of justice
I was wondering if someone with a obstruction of justice charge in illinois get it expunged. they drunkenly lied and said they were driving … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
Just wanted to know if using my name in a justice court
Just wanted to know if using my Nick name in a justice court would make a difference I been going by my nickname k name my entire life I won the civil suit in court but then she tries to tell the judg… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I need a criminal justice lawyer knowledgeable on advocacy
I need a criminal justice lawyer knowledgeable on advocacy for substance abuse crimes … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
Is collusion illegal criminal offense that the justice
Is collusion illegal criminal offense that the justice system would prosecute … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x