Eleven times Dove demanded Dudley show ‘his papers’. Dudley asked a simple question: why?
“Because I’m investigating”, said Dove.
“Investigating what?” Dudley asked.
“I’m investigating an investigation” was Dove’s non-reply.
Eleven times Dove demanded Dudley’s ID. And when the Deputy decided Dudley wasn’t “going to cooperate”, he cuffed, then tossed him in the back of his patrol car.
And its going to the Supreme Court. Can someone be arrested for nothing more than refusing to show ID to a police officer?
Yeah, it sucks, but I’m pretty sure it’s always been unlawful to not identify yourself when requested to do so by a police officer. According to the transcript, the officer said right away that he was looking for someone in a domestic disturbance, and wanted to see if Dudley was the man.
That being said, the officer could have been a lot more specific about it. “I’m looking for someone involved in a domestic disturbance tonight, and I need to verify whether you are or aren’t that man. May I see your ID please?”
Not usually, but it’s a matter of state law. When I lived in NC, I was told by a cop friend that it was perfectly legal to say nothing at all to a police officer, no matter how hard he tries to badger you into doing so. If, and only if, he’s giving you a citation, and you’re unable to prove your identity, then he can take you into custody until your identity can be established.
Nevada law seems to be a little different on the subject, and it’s unclear whether that law contradicts the Fourth Amendment. The Nevada State Supreme Court has ruled on this case here, if you’re interested in their reasoning.
This has nothing to do with the PATRIOT Act, or any federal law.
