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Tiger Beat
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Tiger Beat
Tiger Beat magazine, first issue
Categories
Teen, celebrity
Frequency
Monthly
First issue
September 1965 (1965-September)
Company
Tiger Beat Media, Inc.
Country
United States
Website
tigerbeat.com
Children's literature portal
Tiger Beat is an American teen fan magazine originally published by The Laufer Company, and marketed primarily to adolescent girls.
History and profile[edit]
Tiger Beat was founded in September 1965[1][2] by Charles "Chuck" Laufer, his brother Ira Laufer, and television producer and host Lloyd Thaxton.[3] The magazine features teen idol gossip and carries articles on movies, music and fashion.[4] Charles Laufer once described the magazine's content as "guys in their 20s singing 'La La' songs to 13-year-old girls."[5]
A distinctive element of Tiger Beat is its covers, which feature cut-and-paste collaged photos - primarily head shots - of current teen idols. For the first twelve issues, Thaxton's face appeared at the top corner of the cover (at first the magazine was entitled Lloyd Thaxton's Tiger Beat), and he also contributed a column.[6] Since 2016, the magazine has adopted having solo celebrities on their covers to target celeb-obsessed Gen Z-ers.[7]
During the 1960s The Laufer Company leveraged the teen market dominated by Tiger Beat with similar magazines, including FaVE and Monkee Spectacular.[8] In 1998 Tiger Beat was sold by publisher Sterling/MacFadden to Primedia, which in 2003 sold the magazine to Scott Laufer, Charles's son.[9] Since 2015 Tiger Beat has been published by Los Angeles-based Tiger Beat Media, Inc.,[10] which until 2014 also produced the similar teen magazine Bop.[11][12]
References[edit]
Jump up ^ Alex French. "The Very First Issues of 19 Famous Magazines". Mental Floss. Retrieved August 10, 2015.
Jump up ^ "Tweens, Teens, and Magazines" (PDF). Kaiser Family Foundation. January 2013. Retrieved 19 August 2015.
Jump up ^ "Lloyd Thaxton". IMDb.com, Inc. Retrieved 2017-04-06.
Jump up ^ Billboard
Jump up ^ "From Dylan to Bieber: A 'Tiger Beat' Cover Odyssey". Flavorpill Media. Retrieved 2017-04-07.
Jump up ^ "Zany host of popular television dance show". Los Angeles Times. 2008-10-08. Retrieved 2017-04-06.
Jump up ^ "How Teen Mag Tiger Beat Is Evolving to Target Celeb-Obsessed Gen Z-ers". AdWeek. 2016-03-15. Retrieved 2018-07-15.
Jump up ^ "Keeping Up With Your Favs - The Rise of Tiger Beat and The Laufer Company Magazines". Loti.com. Retrieved 2017-04-07.
Jump up ^ Los Angeles Times
Jump up ^ "Tiger Beat Media, Inc". Bloomberg L.P. Retrieved 2017-04-07.
Jump up ^ The New York Times 28 May 2007
Jump up ^ "A farewell to Bop". Gizmodo Media Group. 2014-07-24. Retrieved 2017-04-06.
External links[edit]
Official website

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Retrieved from "https://en.wikipedia.org/w/index.php?title=Tiger_Beat&oldid=850354769"
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Ed O'Neill
From Wikipedia, the free encyclopedia
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For other people named Ed O'Neill, see Ed O'Neill (disambiguation).
Ed O'Neill
O' Neill at the 2015 PaleyFest for Modern Family
Born
Edward Leonard O'Neill
(1946-04-12) April 12, 1946 (age 71)
Youngstown, Ohio, U.S.
Residence
Los Angeles, California
Nationality
American
Occupation
Actor, comedian
Years active
1967–present
Known for
Married... with Children
Modern Family
Spouse(s)
Catherine Rusoff (m. 1986)
Children
2
Edward Leonard "Ed" O'Neill[1] (born April 12, 1946) is an American actor and comedian. He is best known for playing Al Bundy on the Fox Network sitcom Married... with Children, for which he was nominated for two Golden Globes; and playing patriarch Jay Pritchett on the award-winning ABC sitcom Modern Family, a role for which he has been nominated for three Primetime Emmy Awards and won four Screen Actors Guild Awards.[2]
Contents
[hide]
1 Early life
2 Career
3 Personal life
4 Filmography
4.1 Film
4.2 Television
5 Awards and nominations
6 See also
7 References
8 External links
Early life[edit]
O'Neill was born into an Irish American Catholic family in Youngstown, Ohio.[3][4] His mother, Ruth Ann (née Quinlan), was a homemaker and social worker, and his father, Edward Phillip O'Neill, was a steel mill worker and truck driver.[5] O'Neill attended Ursuline High School before transferring to Worthington High School and winning a state championship earning the name Ed O'Winner and won a football scholarship to Ohio University, where he majored in history, also having joined the Mu chapter of the Delta Tau Delta fraternity.[6] O'Neill left Ohio after his sophomore year; he spent more time playing sports and partying than studying[6] and also feuded with his coach.
He transferred to Youngstown State University (YSU), where he was a defensive lineman. While an undergraduate, O'Neill pledged Delta Sigma Phi and was initiated into the Delta Sigma chapter there. Rumors abound that he was an avid partier.[5] O'Neill was signed as an undrafted free agent by the Pittsburgh Steelers in 1969 but was cut in training camp.[4][5][7] Later, on Married... with Children, O'Neill played a former high-school football star who had failed to make it big and constantly reminisced about his "glory days" at Polk High ("I once scored four touchdowns in a single game"). As part of this theme, former Pittsburgh Steelers great and Pro Football Hall of Fame quarterback Terry Bradshaw also made two guest appearances on the show. O'Neill was also a substitute social studies teacher at Ursuline High School before becoming an actor.[5]
Career[edit]
O'Neill re-enrolled at YSU after being cut by the Pittsburgh Steelers and was one of the first students at the school's then new theater program. In 1979, he played a boxer opposite Danny Aiello in the Broadway play Knockout. It was there that he was seen by director William Friedkin and landed his first movie role, as a police detective in Cruising, starring Al Pacino.
In 1985, O'Neill appeared alongside Jeff Kinsland in a Red Lobster commercial[8] and made a brief guest appearance in The Equalizer. In 1986, he was cast as the character of NYPD Police Detective Jimmy "Popeye" Doyle for the planned television series Popeye Doyle. The Popeye Doyle character originally appeared in the motion picture The French Connection (played by Gene Hackman). The two-hour made-for-television movie/pilot was filmed and shown on network television. O'Neill received good reviews for his performance, and the pilot received good ratings, but the series was not picked up for production.
In 1986, while playing the role of Lennie in a stage production of John Steinbeck's Of Mice and Men at the Hartford Theater in Hartford, Connecticut, he was seen by a casting agent from the Fox television network and he was asked to audition for the role of Al Bundy [9] in Married... with Children, an American sitcom about a dysfunctional family living in Chicago.[5] It was the series that led off the first night of Fox's primetime lineup on April 5, 1987, concluding after 11 seasons on June 9, 1997.
During and following the success of Married... with Children, O'Neill appeared in several movies, including The Bone Collector, Little Giants, and Dutch. He also had small parts in Wayne's World and Wayne's World 2, and appeared as Relish the Troll King in The 10th Kingdom. O'Neill made a brief appearance on the comedy variety show In Living Color, playing the "Dirty Dozens" champion who defeats the challenger, played by Jamie Foxx. He also made a cameo on the sitcom 8 Simple Rules as the ex-boyfriend of Cate S. Hennessy (played by Katey Sagal, who portrayed O'Neill's TV wife Peg Bundy on Married... with Children). He appeared in the movie The Adventures of Ford Fairlane with Andrew Dice Clay and in Cruising with Al Pacino. During the mid-1990s, he had a long string of appearances in commercials for 1-800-COLLECT.
Law & Order franchise creator Dick Wolf cast O'Neill as Sgt. Joe Friday in his 2003 remake of Jack Webb's classic TV crime series Dragnet. The series was canceled by ABC in its second season. O'Neill went on to appear as Governor Eric Baker, a recurring character on NBC's The West Wing. O'Neill also played Bill on HBO's television series John From Cincinnati.
In 2008, O'Neill appeared in an advertisement for then-presidential candidate Barack Obama as "Al the Shoesalesman".[10]
In January 2009, O'Neill reunited with David Faustino (Bud Bundy from Married... with Children) for two episodes of Faustino's show Star-ving.[11] O'Neill also appeared with the entire cast of Married... with Children again when they were honored at the 7th Annual TV Land Award show in 2009.
Since 2009, O'Neill has played the role of Jay Pritchett on the ABC sitcom Modern Family, a role that earned him three Primetime Emmy Award nominations in 2011, 2012, and 2013.[12][13][14] Since 2012, O'Neill has done voice-overs in TV advertisements for the over-the-counter form of Zyrtec,[15] along with Walmart's store-branded mobile phone service, Straight Talk.
In 2016, O'Neill starred as Hank the Octopus in the highly successful Pixar animated film Finding Dory. According to O'Neill, he didn't realize at first that he had a starring role in the film. As his voice recording sessions continued and most of his interactions turned out to be with Dory, he finally began to suspect that Hank was a major character in the film.[16]
Personal life[edit]
O'Neill is married to actress Catherine Rusoff. As of 2016[update] they have two daughters and live in Los Angeles.[17]
After being introduced to Brazilian Jiu-Jitsu by his friend writer/director John Milius, O'Neill has trained in the martial art for 22 years under the mentoring of Rorion Gracie. In December 2007, O'Neill received his black belt.[18][19] In the 2012 TV documentary I Am Bruce Lee, O'Neill states that he considers getting his black belt "the greatest achievement of my life, apart from my children."[20]
Filmography[edit]
Film[edit]
Year
Title
Role
Notes
1980 Cruising Detective Schreiber
1980 The Dogs of War Terry
1980 The Day the Women Got Even Ed
1982 Farrell for the People Detective Jay Brennan
1983 When Your Lover Leaves Mack Sher
1986 A Winner Never Quits Whitey Wyshner
1986 The Three Little Pigs Elvis Presley
1987 Right to Die
1988 Police Story: Gladiator School Sergeant Stanley Bivens
1990 A Very Retail Christmas Max Crandall
1989 Disorganized Crime George Denver
1989 K-9 Sergeant Brannigan
1990 The Adventures of Ford Fairlane Lieutenant Amos
1990 Sibling Rivalry Wilbur Meany
1991 Dutch Dutch Dooley
1991 The Whereabouts of Jenny Jimmy O'Meara
1992 Wayne's World Glen
1993 Wayne's World 2 Glen
1993 Nick's Game Ron Hawthorne
1994 Blue Chips Ed
1994 Little Giants Kevin O'Shea
1995 W.E.I.R.D. World Dr. Monochian
1997 Prefontaine Bill Dellinger
1997 The Spanish Prisoner FBI team leader
1999 The Bone Collector Detective Paulie Sellitto
2000 Lucky Numbers Dick Simmons
2001 Nobody's Baby Norman Pinkney
2004 Spartan Burch
2005 Steel Valley Congressman Cardone Short film
2008 Redbelt Hollywood producer
2010 Lost Masterpieces of Pornography Chief Justice Renato Corona Short film
2012 Wreck-It Ralph Mr. Litwak Voice only
2015 Entourage Himself Cameo
2016 Finding Dory Hank Voice only
2017 Sun Dogs[21] Bob Garrity
Television[edit]
Year
Title
Role
Notes
1970 All My Children Unknown episodes
1984 Miami Vice Arthur Lawson / Artie Rollins Episode: "Heart of Darkness"
1985 Moonlighting Taxi driver Episode: "Pilot"
1985 Hunter Dan Colson Episode: "The Garbage Man"
1985 Braker Danny Buckner
1985 The Equalizer Doctor Episode: "The Children's Song"
1985 Spenser: For Hire Buddy Almeida Episode: "Widow's Walk"
1986 Popeye Doyle James "Popeye" Doyle TV Pilot film
1987–1997 Married... with Children Al Bundy 259 Episodes
1988 Midnight Caller Hank Episode: "Twelve Gauge"
1990 Saturday Night Live Guest host January 13, 1990
1990 The Earth Day Special Al Bundy
1991 Top of the Heap Al Bundy Episode: "Top of the Heap"
1994 In Living Color Himself Episode: "The Dirty Dozens Tournament of Champions"
2000 The 10th Kingdom Relish the Troll King
2001 Big Apple Detective Michael Mooney 8 episodes
2003–2004 L.A. Dragnet Lieutenant Joe Friday 22 episodes
2004 In the Game Buzz TV pilot
2004–2005 The West Wing Governor Eric Baker 4 episodes
2005 8 Simple Rules Al Bundy Episode: "Old Flame"
2005 In the Game Buzz
2006 Inseparable Alan
2006 Twenty Good Years Brock Manley Episode: "Between Brock and a Hard Place"
2006 The Unit William Partch Episode: "Silver Star"
2007 John from Cincinnati Bill Jacks 10 episodes
2009 WordGirl Panicking Man (Uncredited) Episode: "The Wrong Side the Law"
2009–present Modern Family Jay Pritchett Main Role
2011 Handy Manny Mayor Thompson Episode: "Great Garage Rescue"
2011 Kick Buttowski: Suburban Daredevil Grandpa Episode: "Truth or Daredevil"
2012 The Penguins of Madagascar Hunter's father Episode: "Operation: Antarctica"
2013 Real Husbands of Hollywood Himself Episode: "Thicke and Tired"
2015 Family Guy Bud Swanson Episode: "Papa Has a Rollin' Son"
Awards and nominations[edit]
O'Neill received a star on the Hollywood Walk of Fame on August 30, 2011.[22][23]
Year
Award
Category
Title
Result
1992 Golden Globe Award Best Performance by an Actor in a Television Series – Comedy/Musical Married... with Children Nominated
1993 Golden Globe Award Best Performance by an Actor in a Television Series – Comedy/Musical Married... with Children Nominated
2009 TV Land Award Innovator Award Married... with Children Won
2010 Screen Actors Guild Award Outstanding Performance by an Ensemble in a Comedy Series Modern Family Nominated
2011 Screen Actors Guild Award Outstanding Performance by an Ensemble in a Comedy Series Modern Family Won
2011 Golden Nymph Award Outstanding Actor in a Comedy Series Modern Family Nominated
2011 Critics' Choice Television Award Best Supporting Actor in a Comedy Series Modern Family Nominated
2011 Primetime Emmy Award Outstanding Supporting Actor in a Comedy Series Modern Family Nominated
2012 Screen Actors Guild Award Outstanding Performance by an Ensemble in a Comedy Series Modern Family Won
2012 Primetime Emmy Award Outstanding Supporting Actor in a Comedy Series Modern Family Nominated
2013 Screen Actors Guild Award Outstanding Performance by an Ensemble in a Comedy Series Modern Family Won
2013 Primetime Emmy Award Outstanding Supporting Actor in a Comedy Series Modern Family Nominated
2014 Screen Actors Guild Award Outstanding Performance by an Ensemble in a Comedy Series Modern Family Nominated
See also[edit]
List of Brazilian Jiu-Jitsu practitioners
References[edit]
Jump up ^ Ed O'Neill (April 3, 2013). Ed O'Neill Interview Part 1 of 3 - EMMYTVLEGENDS.ORG (Interview). Beverly Hills, CA: Archive of American Television.
Jump up ^ Romero, Frances (September 16, 2011). "Ed O'Neill: From Al Bundy to Jay Pritchett". Top 10 TV Character Chameleons. Time Magazine. Retrieved March 16, 2012.
Jump up ^ Pallante, Sally; Scotty Hanahan; Jim Dunn; Paul Miller; Martin Pallante; Terry Dunn (2004). Irish in Youngstown and the Greater Mahoning Valley. Charleston, South Carolina: Arcadia Publishing. p. 105. ISBN 0738532185. Retrieved October 7, 2007.
^ Jump up to: a b "Ed O'Neill: Biography". TV Guide. Retrieved January 21, 2011.
^ Jump up to: a b c d e "Ed O'Neill - Biography". Biography.com. A&E Television Networks. Retrieved January 21, 2011.
^ Jump up to: a b Stated on Inside the Actors Studio, 2011
Jump up ^ "It's Evening in America". Vanity Fair. May 2012. Page 156.
Jump up ^ "Red Lobster Commercial with Ed O'Neil". Retrieved 16 December 2013.
Jump up ^ "Interview with Ed O'Neil". Retrieved 8 January 2012.
Jump up ^ Al the Shoesalesman Gets a Tax Cut on YouTube
Jump up ^ Faustino, David (2009). Star-ving: The Complete First Season (NTSC). Sony Pictures. ASIN B002HMDSOY. Retrieved March 15, 2012.
Jump up ^ "Ed O'Neill". Emmys.com. Retrieved March 15, 2012.
Jump up ^ Pond, Steve (July 14, 2011). "Snubs, surprises and favorites for Emmy gold". Reuters. Retrieved March 15, 2012.
Jump up ^ O'Neil, Tom (September 14, 2011). "Finally, Emmy jackpot for Ed O'Neill?". Los Angeles Times. Retrieved March 15, 2012.
Jump up ^ Other works for Ed O'Neill (I). imdb.com
Jump up ^ Snetiker, Mark (17 June 2016). "Finding Dory: Ed O’Neill didn’t know he was a lead". Retrieved 5 August 2016.
Jump up ^ "Ed O'Neill". Biography.com. A&E Television Networks. April 18, 2016. Retrieved July 13, 2017.
Jump up ^ Al Bundy Gets Black Belt on YouTube
Jump up ^ "Ed O’Neill Practices Jiu-Jitsu With Billy Bush!". Access Hollywood. Retrieved March 15, 2012.
Jump up ^ "13 celebrities who fight fat with martial arts". Men's Fitness. the greatest achievement of my life, apart from my children.
Jump up ^ http://deadline.com/2016/06/sun-dogs-movie-melissa-benoist-michael-angarano-jennifer-morrison-anthony-tambakis-1201765191/
Jump up ^ Nededog, Jethro (August 30, 2011). "'Modern Family's' Ed O'Neill Gets Star on the Hollywood Walk of Fame". The Hollywood Reporter. Retrieved March 16, 2012.
Jump up ^ Oldenburg, Ann (August 30, 2011). "Ed O'Neill gets Walk of Fame star". USA Today. Retrieved March 16, 2012.
External links[edit]
Ed O'Neill on IMDb
Ed O'Neill interview video at the Archive of American Television
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Modern Family, season 2/season 3 (2011): Anderson-Emmons; Bowen; Burrell; Ferguson; Gould; Hyland; O'Neill; Rodriguez; Stonestreet; Vergara; Winter
Modern Family, season 3/season 4 (2012): Anderson-Emmons; Bowen; Burrell; Ferguson; Gould; Hyland; O'Neill; Rodriguez; Stonestreet; Vergara; Winter
Modern Family, season 4/season 5 (2013): Anderson-Emmons; Bowen; Burrell; Ferguson; Gould; Hyland; O'Neill; Rodriguez; Stonestreet; Vergara; Winter
Orange Is the New Black, season 2 (2014): Aduba, Biggs, Brooks, Cox, Cruz, Curtin, DeLaria, Fowler, Freeman, Gardner, Glenn, Golden, Guerrero, Harney, Jeudy, Lake, Lapkus, Leyva, Lyonne, Manning, Marsh Garland, McGorry, Moore, Mulgrew, Myles, Pimentel, Polanco, Reiner, Roberts, Rodriguez, Rosenblat, Sandow, Savage, Schilling, Shulman, Soules, Stone, Toussaint, Tucci, Wiley
Orange Is the New Black, season 3 (2015): Aduba, Birbiglia, Blake, Brooks, Cox, Cruz, Curtin, DeLaria, Fowler, Glenn, Golden, Guerrero, Harney, Jeudy, Leyva, Manning, Marsh Garland, Moore, Mulgrew, Myles, Peters, Petty, Pimentel, Polanco, Prepon, Rodriguez, Rose, Sandow, Savage, Schilling, Shulman, Soules, Stone, Wiley
Orange Is the New Black, season 4 (2016): Aduba, Aisenberg, Brooks, Brown, Cruz, DeLaria, Dover, Glenn, Golden, Gómez, Guerrero, Harney, Henke, Jeudy, Lake, Leyva, Lyonne, Manning, McMenamin, Moore, Mulgrew, Myles, Peters, Petty, Pimentel, Polanco, Prepon, Purdy, Rodriguez, Sandow, Savage, Schilling, Shulman, Soules, Stone, Tucci, Wiley
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This page was last edited on 30 October 2017, at 04:39.
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Stop and identify statutes
From Wikipedia, the free encyclopedia
Jump to: navigation, search
States (colored red) in which Stop and Identify statutes are in effect as of February 20th, 2013.
"Stop and identify" statutes are statutory laws in the United States that authorize police[1] to legally obtain the identification of someone whom they reasonably suspect of having committed a crime. If there is no reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to provide identification, even in "Stop and ID" states. In the case of Utah v. Strieff (2016), the U.S. Supreme Court ruled that an officer's stop of Edward Strieff and his demand for identification from Strieff was unlawful under Utah state law, but that the evidence collected pursuant to the stop was admissible due to the determination that Strieff was subject to a pre-existing arrest warrant. Therefore, the pre-existing warrant "attenuated" the unlawful stop-and-identify.
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. Terry v. Ohio, 392 U.S. 1 (1968) established that it is constitutionally permissible for police to temporarily detain a person based on an articulable reasonable suspicion that a crime has been committed, and to conduct a search for weapons based on a reasonable belief that the person is armed. The question whether it is constitutionally permissible for the police to demand that a detainee provide his or her name was considered by the U.S. Supreme Court in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), which 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.[2] The Court accepted the Nevada supreme court interpretation of the Nevada statute that a detained person could satisfy the Nevada law by simply stating his name. The Court did not rule on whether particular identification cards could be required, though it did mention one state law requiring "credible and reliable" identification had been struck down for vagueness.[3]
Contents
[hide]
1 Police–citizen encounters
1.1 Consensual
1.2 Reasonable Suspicion
1.3 Arrest
2 Obligation to identify
2.1 Variations in "stop and identify" laws
2.2 Interaction with other laws
2.3 Interpretation by courts
2.4 Recommendations of legal-aid organizations
3 Other countries
4 See also
5 Notes
6 External links
Police–citizen encounters[edit]
In the United States, interactions between police and citizens fall into three general categories: consensual ("contact" or "conversation"), detention (often called a Terry stop, after Terry v. Ohio, 392 U.S. 1 (1968)), or arrest. "Stop and identify" laws pertain to detentions.
Different obligations apply to drivers of motor vehicles, who generally are required by state vehicle codes to present a driver’s license to police upon request.
Consensual[edit]
At any time, police may approach a person and ask questions. The objective may simply be a friendly conversation; however, the police also may suspect involvement in a crime, but lack "specific and articulable facts"[4] that would justify a detention or arrest, and hope to obtain these facts from the questioning. The person approached is not required to identify himself or answer any other questions, and may leave at any time.[5] Police are not usually required to tell a person that he is free to decline to answer questions and go about his business;[6] however, a person can usually determine whether the interaction is consensual by asking, "Am I free to go?"[7][8]
Reasonable Suspicion[edit]
A person is detained when circumstances are such that a reasonable person would believe he is not free to leave.[9]
Police may briefly detain a person if they have reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Many state laws explicitly grant this authority. In Terry v. Ohio, the U.S. Supreme Court established that police may conduct a limited search for weapons (known as a "frisk") if they reasonably suspect that the person to be detained may be armed and dangerous.
Police may question a person detained in a Terry stop, but in general, the detainee is not required to answer.[10] However, many states have "stop and identify" laws that explicitly require a person detained under the conditions of Terry to identify himself to police, and in some cases, provide additional information.
Before Hiibel, it was unresolved whether a detainee could be arrested and prosecuted for refusing to disclose his name. Authority on this issue was split among the federal circuit courts of appeal,[11] and the U.S. Supreme Court twice expressly refused to address the question.[12] In Hiibel, the Court held, in a 5–4 decision, that a Nevada "stop and identify" law did not violate the United States Constitution. The Court opinion implied that a detainee was not required to produce written identification, but could satisfy the requirement merely by stating his name. Some "stop and identify" laws do not require that a detainee identify himself, but allow refusal to do so to be considered along with other factors in determining whether there is probable cause to arrest. In some states, providing a false name is an offense.[13]
As of February 2011, the Supreme Court has not addressed the validity of requirements that a detainee provide information other than his name, however some states such as Arizona have specifically codified that a detained person is not required to provide any information aside from their full name.
Arrest[edit]
Main article: Arrest
A detention requires only that police have reasonable suspicion that a person is involved in criminal activity. However, to make an arrest, an officer must have probable cause to believe that the person has committed a crime. Some states require police to inform the person of the intent to make the arrest and the cause for the arrest.[14] But it is not always obvious when a detention becomes an arrest. After making an arrest, police may search a person, his or her belongings, and his or her immediate surroundings.
Whether an arrested person must identify himself may depend on the jurisdiction in which the arrest occurs. If a person is under arrest and police wish to question him, they are required to inform the person of his Fifth-Amendment right to remain silent by giving a Miranda warning. However, Miranda does not apply to biographical data necessary to complete booking.[15][16] It is not clear whether a "stop and identify" law could compel giving one’s name after being arrested, although some states have laws that specifically require an arrested person to give his name and other biographical information,[17] and some state courts[18][19] have held that refusal to give one’s name constitutes obstructing a public officer. As a practical matter, an arrested person who refused to give his name would have little chance of obtaining a prompt release.
Obligation to identify[edit]
States with "stop and identify" laws
Alabama Ala. Code §15-5-30
Arizona Ari. Rev. Stat. Tit. 13, §2412 (enacted 2005) & Tit. 28, §1595
Arkansas Ark. Code Ann. [1]§ 5-71-213 - Loitering
Colorado Colo. Rev. Stat. §16-3-103(1)
Delaware Del. Code Ann., Tit. 11, §§1902, 1321(6)
Florida Fla. Stat. §901.151 (Stop and Frisk Law); §856.021(2) (loitering and prowling)
Georgia Ga. Code Ann. §16-11-36(b) (loitering)
Illinois Ill. Comp. Stat., ch. 725, §5/107-14
Indiana Indiana Code §34-28-5-3.5
Kansas Kan. Stat. Ann. §22-2402(1)
Louisiana La. Code Crim. Proc. Ann., Art. 215.1(A); La. Rev. Stat. 14:108(B)(1)(c)
Missouri (Kansas City Only) Mo. Rev. Stat. §84.710(2)
Montana Mont. Code Ann. §46-5-401
Nebraska Neb. Rev. Stat. §29-829
Nevada Nev. Rev. Stat. §171.123
New Hampshire N.H. Rev. Stat. Ann. §594:2, §644:6
New Mexico N.M. Stat. Ann. §30-22-3
New York N.Y. Crim. Proc. Law §140.50
North Dakota N.D. Cent. Code §29-29-21 (PDF)
Ohio Ohio Rev. Code §2921.29 (enacted 2006)
Rhode Island R.I. Gen. Laws §12-7-1
Utah Utah Code Ann. §77-7-15
Vermont Vt. Stat. Ann., Tit. 24, §1983
Wisconsin Wis. Stat. §968.24
States not listed do not have a requirement to show Identification to law enforcement officers. Some states listed have "Stop and ID" laws which may or may not require someone to identify themselves during an investigative detention.
While Wisconsin statutes allow law enforcement officers to "demand" ID, there is no statutory requirement to provide them ID nor is there a penalty for refusing to, hence Wisconsin is not a must ID state (Henes v. Morrissey).[citation needed] Annotations for Wisconsin §968.24, however, state "The principles of Terry permit a state to require a suspect to disclose his or her name in the course of a Terry stop and allow imposing criminal penalties for failing to do so", citing Hiibel as authority. Hiibel held that statutes requiring suspects to disclose their names during police investigations did not violate the Fourth Amendment if the statute first required reasonable and articulable suspicion of criminal involvement. The Wisconsin Supreme Court held in Henes v. Morrissey that "A crime is made up of two parts: proscribed conduct and a prescribed penalty. "The former without the latter is no crime. ... In this case no statute penalizes a refusal to identify oneself to a law enforcement officer, and no penalty is set forth in the statute for refusing to identify oneself. This statute is part of Chapter 968 entitled "Commencement of Criminal Proceedings. By its very terms sec. 968.24 empowers a law enforcement officer to stop and question "in the vicinity where the person was stopped." The statute does not authorize a law enforcement officer to make an arrest." Additionally Henes v. Morrissey held that a detained person not providing their name isn't on its own a violation of 946.41 Resisting or obstructing officer as the act of not identifying ones self isn't a false statement with intent to mislead the officer in the performance of his or her duty.
Neither is Illinois, since the Illinois Second District Appellate Court Decision in People v. Fernandez, 2011 IL App (2d) 100473, which specifically states that section 107-14 is found in the Code of Criminal Procedure of 1963, not the Criminal Code of 1961, and governs the conduct of police officers. The fact remains that there is no corresponding duty in the Criminal Code of 1961 for a suspect to identify himself or herself.[20]
By contrast, in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177, 181 (2004), a Nevada statute (Nev. Rev. Stat. § 171.123 (2003)) specifically required that a person subjected to a Terry stop “shall identify himself.” The Supreme Court held that the statute was constitutional.
As of February 2011, there is no U.S. federal law requiring that an individual identify himself during a Terry stop, but Hiibel held that states may enact such laws, provided the law requires the officer to have reasonable and articulable suspicion of criminal involvement,[21] and 24 states have done so.[22] The opinion in Hiibel implied that persons detained by police in jurisdictions with constitutional[23] "stop and identify" laws listed are obligated to identify themselves,[24] and that persons detained in other jurisdictions are not.[25] The issue may not be that simple, however, for several reasons:
The wording of "stop and identify" laws varies considerably from state to state.
Noncompliance with a "stop and identify" law that does not explicitly impose a penalty may constitute violation of another law, such as one to the effect of "resisting, obstructing, or delaying a peace officer".
State courts have made varying interpretations of both "stop and identify" and "obstructing" laws.
Variations in "stop and identify" laws[edit]
Four states’ laws (Arizona, Indiana, Louisiana, and Nevada) explicitly impose an obligation to provide identifying information.
Fifteen states grant police authority to ask questions, with varying wording, but do not explicitly impose an obligation to respond:
In Montana, police "may request" identifying information;
In Ohio, identifying information may be required "when requested"; an obligation exists only when the police suspect a person is committing, has committed, or is about to commit a criminal offense, is witness to a felony offense, or is witness to an attempt or conspiracy to commit a felony offense;
In 12 states (Alabama, Delaware, Illinois, Kansas, Missouri, Nebraska, New Hampshire, New York, North Dakota, Rhode Island, Utah, Wisconsin), police "may demand" identifying information. Of note, though, in New Hampshire for example (RSA 594:2), statutory language authorizing a 'demand' for identity does not establish a legal requirement to provide documentation of identity (ID), or even a requirement to respond in the first place. Further, a law enforcement officer is authorized to make such 'demand' only of individuals for "whom he has reason to suspect is committing, has committed or is about to commit a crime."
Identifying information varies, but typically includes
Name, address, and an explanation of the person’s actions;
In some cases it also includes the person’s intended destination, the person’s date of birth (Indiana and Ohio), or written identification if available (Colorado). Ohio does not require the person's intended destination. Ohio requires only name, address, or date of birth. Date of birth is NOT required if the age of the person is an element to the crime (such as underage drinking, curfew violation, etc...) that the person is reasonably suspected of.[26] Indiana requires either name, address, and date of birth, or driver's license, if on the person's possession, and only applies if the person was stopped for an infraction or ordinance violation.[27]
Arizona law, apparently written specifically to codify the holding in Hiibel, requires a person’s "true full name".
Nevada law, which requires a person to "identify himself or herself", apparently requires only that the person state his or her name.
Texas law requires a person to provide their name, residence address and date of birth if lawfully arrested and asked by police. (A detained person or witness of a crime is not required to provide any identifying information, however it is a crime for a detained person or witness to give a false name.)
In four states (Arkansas, Florida, Georgia, and Rhode Island), failure to identify oneself is one factor to be considered in a decision to arrest. In all but Rhode Island, the consideration arises in the context of loitering or prowling.
Seven states (Arizona, Florida, Indiana, Louisiana, New Mexico, Ohio, and Vermont) explicitly impose a criminal penalty for noncompliance with the obligation to identify oneself.
As of February 2011, the validity of a law requiring that a person detained provide anything more than stating his or her name has not come before the U.S. Supreme Court.
Interaction with other laws[edit]
In states whose "stop and identify laws" do not directly impose penalties, a lawful arrest must be for violation of some other law, such as one to the effect of "resisting, obstructing, or delaying a peace officer". For example, the Nevada "stop and identify" law challenged in Hiibel did not impose a penalty on a person who refused to comply, but the Justice Court of Union Township, Nevada, determined that Hiibels refusal to identify himself[28] constituted a violation of Nevada "obstructing" law.[29] A similar conclusion regarding the interaction between Utah "stop and identify" and "obstructing" laws was reached in Oliver v. Woods (10th Cir. 2000).
Interpretation by courts[edit]
"Stop and identify" laws in different states that appear to be nearly identical may be different in effect because of interpretations by state courts. For example, California "stop and identify" law, Penal Code §647(e) had wording[30][31] similar to the Nevada law upheld in Hiibel, but a California appellate court, in People v. Solomon (1973), 33 Cal.App.3d 429 construed the law to require "credible and reliable" identification that carries a "reasonable assurance" of its authenticity. Using this construction, the U.S. Supreme Court held the law to be void for vagueness in Kolender v. Lawson, 461 U.S. 352 (1983).[32]
Some courts have recognized a distinction authorizing police to demand identifying information and specifically imposing an obligation of a suspect to respond.[33] Other courts have apparently interpreted demand to impose an obligation on the detainee to comply.[34][35]
Wording and interpretation by state courts of "obstructing" laws also varies; for example, New York "obstructing" law[36] apparently requires physical rather than simply verbal obstruction;[37][38] likewise, a violation of the Colorado "obstructing" law appears to require use or threat of use of physical force. However, the Colorado Supreme Court held in Dempsey v. People, No. 04SC362 (2005) (PDF) that refusing to provide identification was an element in the "totality of the circumstances" that could constitute obstructing an officer, even when actual physical interference was not employed.[39] Utah "obstructing" law does not require a physical act, but merely a failure to follow a "lawful order . . . necessary to effect the . . . detention";[40] a divided court in Oliver v. Woods concluded that failure to present identification constituted a violation of that law.[35]
It is not universally agreed that, absent a "stop and identify law", there is no obligation for a detainee to identify himself. For example, as the U.S. Supreme Court noted in Hiibel, California "stop and identify" statute was voided in Kolender v. Lawson. But in People v. Long,[41] decided four years after Kolender, a California appellate court found no constitutional impropriety in a police officer’s demand for written identification from a detainee. The issue before the Long court was a request for suppression of evidence uncovered in a search of the defendant’s wallet, so the issue of refusal to present identification was not directly addressed; however, the author of the Long opinion had apparently concluded in a 1980 case that failure to identify oneself did not provide a basis for arrest.[42] Nonetheless, some cite Long in maintaining that refusal to present written identification constitutes obstructing an officer.[43] Others disagree, and maintain that persons detained by police in California cannot be compelled to identify themselves.[44]
Some courts, e.g., State v. Flynn (Wis. 1979)[45] and People v. Loudermilk (Calif. 1987)[46] have held that police may perform a search for written identification if a suspect refuses to provide it; a later California decision, People v. Garcia (2006) strongly disagreed.[47]
Recommendations of legal-aid organizations[edit]
Some legal organizations, such as the National Lawyers Guild and the ACLU of Northern California, recommend to either remain silent or to identify oneself whether or not a jurisdiction has a "stop and identify" law:
And in any state, police do not always follow the law, and refusing to give your name may make them suspicious and lead to your arrest, so use your judgment. If you fear that your name may be incriminating, you can claim the right to remain silent, and if you are arrested, this may help you later. Giving a false name could be a crime.[48]
In a more recent pamphlet, the ACLU of Northern California elaborated on this further, recommending that a person detained by police should:
. . . give your name and the information on your drivers’ license. If you don’t, you may be arrested, even though the arrest may be illegal.[49]
Other countries[edit]
Main article: List of national identity card policies by country
Many countries allow police to demand identification and arrest people who do not carry any. Normally these countries provide all residents with national identity cards, which have the identity information the police would want to know, including citizenship. Foreign visitors need to have their passport available to show at all times. In some cases national identity cards from certain other countries are accepted.
For example, in Portugal it is compulsory to carry the state ID card at all times. This card named Cartão de Cidadão - Citizen Card is an electronic card which includes biometric information, id number, social security number, fiscal information, place of birth, etc. Police can only ask for the ID card in public or a place open to public and only if there is a reasonable suspicion the person committed a crime. A certified copy of the ID card can be presented in such situations. If a citizen does not carry the ID card or its certified copy, the police will escort the person to the police department to remain detained until clear identification can be obtained.[50]
See also[edit]
Brown v. Texas
Hiibel v. Sixth Judicial District Court of Nevada
Kolender v. Lawson
Miranda v. Arizona
Loitering
Notes[edit]
Jump up ^ Although police and police officer are used throughout this article, most "stop and identify" laws use the term peace officer (or sometimes law enforcement officer). In general, peace officers are state civil officers charged with preserving the public peace and granted the authority to do so. Peace officers normally include police officers, sheriffs and sheriffs' deputies, marshals, constables, and often many other persons; those included vary among the states.
Jump up ^ In upholding Hiibel's conviction, the Court noted,
In this case petitioner’s refusal to disclose his name was not based on any articulated real and appreciable fear that his name would be used to incriminate him.... As best we can tell, petitioner refused to identify himself only because he thought his name was none of the officer’s business. — 542 U.S. at 190
But the Court did leave open the possibility of different circumstances:
Still, a case may arise where there is a substantial allegation that furnishing identity at the time of a stop would have given the police a link in the chain of evidence needed to convict the individual of a separate offense. In that case, the court can then consider whether the privilege applies, and, if the Fifth Amendment has been violated, what remedy must follow. We need not resolve those questions here. — 542 U.S. at 191
Jump up ^ Writing for the Court in Hiibel v. Sixth Judicial District Court of Nevada, Justice Kennedy stated,
Here the Nevada statute is narrower and more precise. The statute in Kolender had been interpreted to require a suspect to give the officer "credible and reliable" identification. In contrast, the Nevada Supreme Court has interpreted NRS §171.123(3) to require only that a suspect disclose his name. — 542 U.S. at 184–185
Justice Kennedy continued,
As we understand it, the statute does not require a suspect to give the officer a drivers license or any other document. Provided that the suspect either states his name or communicates it to the officer by other means—a choice, we assume, that the suspect may make—the statute is satisfied and no violation occurs. — 542 U.S. at 185
Writing for the Nevada Supreme Court in Hiibel v. Dist. Ct., Chief Justice Young said,
The suspect is not required to provide private details about his background, but merely to state his name to an officer when reasonable suspicion exists. — 118 Nev. 868 at 875
Jump up ^ Writing for the Court in Terry v. Ohio, Chief Justice Warren stated,
And in justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion. — 392 U.S. at 21
Jump up ^ Writing for the Court in Florida v. Royer 460 U.S. 491 (1983), Justice White stated,
The person approached, however, need not answer any question put to him; indeed, he may decline to listen to the questions at all and may go on his way. — 460 U.S. at 497–498
Jump up ^ Writing for the Court in United States v. Mendenhall, 446 U.S. 544 (1980) Justice Stewart stated,
Our conclusion that no seizure occurred is not affected by the fact that the respondent was not expressly told by the agents that she was free to decline to cooperate with their inquiry, for the voluntariness of her responses does not depend upon her having been so informed. — 446 U.S. at 555
Jump up ^ The ACLU publication Know Your Rights When Encountering Law Enforcement states,
You can say, "I do not want to talk to you" and walk away calmly. Or, if you do not feel comfortable doing that, you can ask if you are free to go. If the answer is yes, you can consider just walking away. Do not run from the officer. If the officer says you are not under arrest, but you are not free to go, then you are being detained.
Jump up ^ If the encounter is consensual, a person approached need not actually leave to terminate the encounter, but may simply ignore police. In Michigan v. Chesternut, 486 U.S. 567 (1988), Justice Blackmun explained the Court’s holding that Chesternut had not been detained, stating that the police conduct "would not have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business." — 486 U.S. at 569
Jump up ^ Writing for the Court in United States v. Mendenhall, 446 U.S. 544 (1980) Justice Stewart stated:
We conclude that a person has been "seized" within the meaning of the Fourth Amendment only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave. — 446 U.S. at 554
Jump up ^ In a concurring opinion in Terry v. Ohio, Justice White stated that a person detained can be questioned but is "not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest." This opinion, in turn, was cited in many later cases, including Berkemer v. McCarty, 468 U.S. 420 (1984).
Jump up ^ In describing the split authority among the federal appellate court circuits in Hiibel v. Dist. Ct., the Nevada Supreme Court stated:
In Oliver v. Woods, [209 F.3d 1179, 1190 (10th Cir. 2000)] the Tenth Circuit Court of Appeals upheld a Utah statute that requires individuals to produce identification to an officer during an investigatory stop. However, in Carey v. Nevada Gaming Control Board [279 F.3d 873, 881 (9th Cir. 2002)], the Ninth Circuit Court of Appeals held that NRS 171.123(3) violates the Fourth Amendment because " ‘the serious intrusion on personal security outweighs the mere possibility that identification [might] provide a link leading to arrest.’ "
Jump up ^ In Hiibel v. Dist. Ct., the Nevada Supreme Court noted that the U.S. Supreme Court declined to address the issue of identification in Brown v. Texas, 443 U.S. 47 (1979), at 53 n.3 ("We need not decide whether an individual may be punished for refusing to identify himself in the context of a lawful investigatory stop which satisfies Fourth Amendment requirements."); and Kolender v. Lawson, 461 U.S. 352 (1983), 361–62 n.10 (holding that a California statute was unconstitutional on vagueness grounds, but refusing to consider whether the statute violated the Fourth Amendment).
Jump up ^ Texas does not require a detainee to identify himself unless he has been lawfully arrested, but does make it a crime to provide a false name. Texas Penal Code § 38.02 reads, in relevant part,
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
Jump up ^ California Penal Code § 841, states, in relevant part,
The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it . . .
Jump up ^ In Pennsylvania v. Muniz, 496 U.S. 582 (1990), the Court cited the Brief for United States as Amicus Curiae 12 quoting United States v. Horton, 873 F.2d 180, 181, n. 2 [CA8 1989]),
the questions fall within a "routine booking question" exception which exempts from Miranda coverage questions to secure the "'biographical data necessary to complete booking or pretrial services.'" — 496 U.S. at 601–602
Jump up ^ The Fifth Amendment prohibits only communication that is testimonial, incriminating, and compelled; see United States v. Hubbell, 530 U.S. 27 (2000), at 34–38. Hiibel held that, in the circumstances of the case, a person’s name is not incriminating, and consequently is not protected by the Fifth-Amendment privilege against self-incrimination. — 530 U.S. at 34–38
Jump up ^ Texas Penal Code, Title 8, §38.02(a), reads
A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
Giving false information is a related, and usually more serious offense (under Subsection [b], noted above), and applies to detainees as well as arrestees.
Jump up ^ In People v. Quiroga (1993) 16 Cal.App.4th 961, the Court held that refusal to disclose one’s identity following a felony arrest constituted obstructing an officer:
These statutory provisions lead to the conclusion that a refusal to disclose personal identification following arrest for a misdemeanor or infraction cannot constitute a violation of [California] Penal Code section 148. . . . Section 148 can reasonably be construed as applying to nondisclosure of identity following arrest for felonies, but not minor offenses, if this exception applies to the provisions cited above dealing with arrests for minor offenses. — 16 Cal.App.4th 961, 970
Similar refusal following arrest for a misdemeanor or infraction did not violate the statute because the Legislature had "established other ways of dealing with such nondisclosure".
Jump up ^ In Burkes v. State (Fla. 2d DCA 1998), Case No. 97-00552, the Court, in affirming the appellant’s conviction for violation of § 843.02, Florida Statutes, "Resisting officer without violence to his or her person", stated:
The most compelling argument we discern for answering this question in the affirmative is that the right to remain silent means just that and has no exceptions. We, nevertheless, conclude that after an individual has been lawfully arrested, he must provide his name or otherwise identify himself when asked by law enforcement officers.
Jump up ^ http://www.illinoiscourts.gov/opinions/AppellateCourt/2011/2ndDistrict/December/2100473.pdf
Jump up ^ The Hiibel Court held, "The principles of Terry permit a State to require a suspect to disclose his name in the course of a Terry stop." — 542 U.S. at 187
Jump up ^ The opinion in Hiibel included a list of 21 states with "stop and identify" laws. For some reason, the Indiana law was not included in the list; the Arizona and Ohio laws have been enacted since Hiibel was decided. The Texas law only applies to arrested persons.
Jump up ^ "Constitutional" means that the law requires the officer to have reasonable and articulable suspicion of criminal involvement. See Hiibel.
Jump up ^ Writing for the Court in Hiibel, Justice Kennedy stated, "the source of the legal obligation [to identify oneself] arises from Nevada state law". — 542 U.S. at 187
Jump up ^ In Hiibel, Justice Kennedy stated, "In other States, a suspect may decline to identify himself without penalty.″ — 542 U.S. at 183
Jump up ^ "Lawriter - ORC - 2921.29 Failure to disclose personal information". State of Ohio Codes.
Jump up ^ Assembly, Indiana General. "Indiana Code 2016 - Indiana General Assembly, 2016 Session".
Jump up ^ The opinion noted that Hiibel was asked to provide identification, which the Court understood as a request to produce a driver’s license or some other form of written identification, 11 different times; however, it did not indicate that Hiibel was ever asked simply to identify himself.
Jump up ^ NRS §199.280 provides a penalty for a person who "willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty of his office"
Jump up ^ California stop-and-identify law in Penal Code §647(e) was repealed several years after 1983 and the sub-sections re-lettered, so the current Penal Code §647(e) is what used to be Penal Code §647(f). Also, do not confuse Penal Code §647(e) with Penal Code §647e.
Jump up ^ (voided in Kolender v. Lawson), read, in relevant part,
Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: . . . (e) who loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to identify himself and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands such identification.
Jump up ^ In voiding California Penal Code §647(e) in Kolender v. Lawson, Justice O’Connor, writing for the Court, noted that
Section 647(e), as presently drafted and as construed by the state courts, contains no standard for determining what a suspect has to do in order to satisfy the requirement to provide a "credible and reliable" identification. As such, the statute vests virtually complete discretion in the hands of the police to determine whether the suspect has satisfied the statute. — 461 U.S. at 358
Jump up ^ Writing for the Court in People v. Love, 318 Ill.App.3d 534 (2000), rev'd on other grounds, People v. Love, No. 90806 (2002), Justice O’Brien stated,
The State next argues that the officer’s order was a justifiable means of compelling defendant to state her name pursuant to section 107-14, which provides that an officer making a Terry stop may "demand the name and address of the person and an explanation of his actions." 725 ILCS 5/107-14 (West 1992). However, while section 107-14 states that an officer may "demand" the defendant’s name, it does not provide that the officer may compel a response. Further, the United States Supreme Court has stated in the context of a Terry stop: "[T]he officer may ask the detainee a moderate number of questions to determine his identity and to try to obtain information confirming or dispelling the officer’s suspicions. But the detainee is not obliged to respond." (Emphasis added.) Berkemer v. McCarty, 468 U.S. 420, 438, 82 L. Ed. 2d 317, 334, 104 S. Ct. 3138, 3150 (1984).
Noting Berkemer v. McCarty (and Justice White’s concurring opinion in Terry that Berkemer quoted), the Hiibel Court stated, "We do not read these statements as controlling" (542 U.S. at 187), so Love is probably weakened to the extent that it relies on Berkemer.
Jump up ^ In Cady v. Sheahan (7th Cir. 2006), the Court stated,
In Hiibel, the Supreme Court held that states are permitted to statutorily authorize the demand for identification during a Terry stop, and to require compliance with such demand. 542 U.S. at 188, 124 S.Ct. 2451. Cady’s identity was relevant to the purpose of the stop and the officers did not exceed the scope of the stop by requesting identification. [footnotes omitted]
^ Jump up to: a b Writing for the Court in Oliver v. Woods, 209 F.3d 1179 (10th Cir. 2000), Judge Brorby stated,
Section 76-8-305 does not require the use of force; mere refusal to perform any act required by a lawful order necessary to effect the detention is sufficient to constitute a violation of § 76-8-305. Moreover, an individual who merely refuses to refrain from performing any act that would impede the arrest or detention violates this section. . . . Thus, Officer Woods gave a lawful order when he told Mr. Oliver to present identification and to remain in the parking lot while he conducted the investigation. By refusing to present identification, Mr. Oliver refused to perform an act required by lawful order, necessary to effect the detention.
Jump up ^ New Yorks "obstructing" law, NY Consolidated Laws Penal (PEN) §195.05, reads, in relevant part,
A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function, or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act
Jump up ^ In People v. Offen, 408 N.Y.S.2d 914, 96 Misc.2d 147 (1978), Judge Hertz stated,
An essential element of the crime of obstructing governmental administration, to be charged in an information, must be an act of either (1) intimidation or (2) physical force or interference or (3) an independently unlawful act.
Plainly, ignoring an officer’s request for identification is not a crime, nor does that act supply any such element. Though it is clear that such conduct risks pursuit and arrest, no crime has been charged here. — 96 Misc.2d at 150
Jump up ^ See When Do You Have to Give Your Name at the RNC Protests? under External links for an analysis of New York "stop and identify" and "obstructing" laws by Just Cause Law Collective lawyer Katya Komisaruk.
Jump up ^ Colorado "obstructing" law, Colorado Revised Statutes §18-8-104(1), reads, in relevant part,
A person commits obstructing a peace officer . . . when by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority.
Jump up ^ Utah "obstructing" law, Utah Code §76-8-305, reads as follows:
Interference with arresting officer.
A person is guilty of a class B misdemeanor if he has knowledge, or by the exercise of reasonable care should have knowledge, that a peace officer is seeking to effect a lawful arrest or detention of that person or another and interferes with the arrest or detention by:
(1) use of force or any weapon;
(2) the arrested person’s refusal to perform any act required by lawful order:
(a) necessary to effect the arrest or detention; and
(b) made by a peace officer involved in the arrest or detention; or
(3) the arrested person’s or another person’s refusal to refrain from performing any act that would impede the arrest or detention.
Jump up ^ In People v. Long (1987) 189 Cal.App.3d 77, Justice Agliano wrote,
The voluntary display of identification is a routine experience for most of us. Measured against the obvious and substantial need for police recording the identity of a person suspected of having committed a crime, we find reasonable the minimal intrusion involved here in requiring the production of identification. In addition, defendant’s oral statement of his name was suspect when he insisted he had no identification while appearing to carry a wallet and, in addition, he seemed intoxicated. — 189 Cal.App.3d at 88
Jump up ^ In In re Gregory S. (1980), 112 Cal.App.3d 764, Justice Agliano wrote
We find no authority to support the court’s legal conclusion that a person who merely refuses to identify himself or to answer questions in a context similar to that before us thereby violates Penal Code section 148 or otherwise furnishes ground for arrest.
The Legislature has required citizen self-identification in prescribed situations. Vehicle Code section 40302 calls for the production of a driver’s license or identification upon arrest for a violation of that code; Vehicle Code section 12951 requires production of a driver’s license by the driver of a motor vehicle upon the request of an officer. Penal Code section 647, subdivision (e) imposes a duty to identify oneself when such person loiters or wanders upon the streets or from place to place without apparent reason or business, and the surrounding circumstances reasonably indicate that the public safety demands identification. Section 647, subdivision (e) was held valid in People v. Solomon (1973) 33 Cal.App.3d 429 [108 Cal.Rptr. 867], in which strong consideration was given to the legislatively declared governmental purpose to be served by identification when the conditions described in the statute exist. (Id, at p. 436; see also California v. Byers (1971) 402 U.S. 424 [29 L.Ed.2d 9, 91 S.Ct. 1535].) None of the statutory conditions requiring identification existed in this case. — 112 Cal.App.3d at 779
Note: Penal Code 647, subdivision (e) was voided by the U.S. Supreme Court in Kolender v. Lawson (1983).
Jump up ^ Shortly after Hiibel was decided, the Alameda County (California) District Attorney's Office provided a case analysis (PDF) maintaining that refusal to identify oneself and provide written identification (if available) constitutes a violation of Penal Code §148(a)(1), resisting, delaying, or obstructing an officer. The topic is further discussed in the 2010 edition of Point of View.
Jump up ^ The California Peace Officers Legal Sourcebook ("CPOLS"; written by the office of the California Attorney General) maintains that failure to identify oneself does not constitute a violation of California Penal Code §148(a)(1), resisting, delaying, or obstructing a peace officer:
Unlike Nevada and other states, California does not have a statute mandating that a detainee identify himself, and that obligation cannot be read into Penal Code section 148. . . . Hiibel does not provide a means of arresting someone for failing or refusing to identify himself. (Revision 176, 9/15/2014, p. 2.14a; page last revised 1/10)
Jump up ^ In State v. Flynn (1979) 92 Wis.2d 427 [285 N.W.2d 710, 718], cert. den. 449 U.S. 846, the Wisconsin Supreme Court held that the Terry limitation of a search "to an intrusion reasonably designed to discover guns, knives, clubs, or other hidden instruments for the assault of the police officer." (392 U.S. at 29) was limited to the specific circumstances of Terry. Chief Justice Beilfuss wrote,
It is clear from the language itself that the court’s holding in Terry was limited to the precise situation before it. The court did not say that the sole justification for any search on less than probable cause is the protection of the police officer and others, but that that was the sole justification of the search in the situation then before it. The situation before us is significantly different.
Jump up ^ In People v. Loudermilk (1987) 195 Cal.App.3d 996, Justice Low stated,
Neither case [Kolender v. Lawson or Brown v. Texas] could be interpreted to prevent a police officer from demanding that a Terry suspect produce proof of identification. Further, nothing in those or other cases cited by defendant prevents an officer from seizing a wallet found during a lawful patdown search after that suspect has lied to the officer that he had no identification. — 195 Cal.App.3d at 1003
Justice Low noted the similarity to Flynn, and continued,
We must emphasize that we do not hold that a suspect may be detained and searched merely because he either refused to identify himself or refused to produce proof of identification. Nor do we hold that each time an officer conducts a Terry stop he may immediately conduct a search for identification. The rule we announce does not provide officers with unfettered discretion and does not open citizens to harassment. — 195 Cal.App.3d at 1004
Jump up ^ In People v. Garcia (2006) 145 Cal.App.4th 782, Justice Yegan, noting State v. Flynn (Wis. 1979) and State v. Wilcox (N.J. 1981), stated,
We need not look to other jurisdictions to decide this case. We would have to indulge in legal legerdemain to justify a patdown search for identification. In fact, it would require a rewriting of Terry v. Ohio, supra, which we could not and would not undertake even if we were so inclined. Here, the record is devoid of any concern that appellant was armed and dangerous. The sole reason for the patdown was to gather evidence of identification.
A fair reading of Terry v. Ohio, and its reference to the lower court opinion in State v. Terry show that the "frisk" allowable upon a proper showing was " ‘. . . only a "frisk" for a dangerous weapon. It by no means authorizes a search for contraband, evidentiary material, or anything else in the absence of reasonable grounds to arrest. Such a search is controlled by requirements of the Fourth Amendment, and probable cause is essential.’ " (Terry v. Ohio, supra, 392 U.S. at p. 16, fn. 12 [20 L. Ed. 2d at p. 903, fn. 12.) Our own Supreme Court has unanimously so held. (People v. Lawler (1973) 9 Cal.3d 156, 161 [pat-down search "only" for weapons].) If stare decisis means anything (and it does) and if the word only means only (and it does), the trial court was required to grant this suppression motion as a matter of law. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450.) — 145 Cal.App.4th at 788
Jump up ^ "Know Your Rights! What to Do if Questioned by Police, FBI, Customs Agents or Immigration Officers" (pdf). National Lawyers Guild, S.F. Bay Area Chapter; ACLU of Northern California; American Arab Anti-Discrimination Committee. August 2004. Retrieved 2012-02-07.
Jump up ^ "Your Rights and the Police". ACLU of Northern California. Retrieved 2014-07-10.
Jump up ^ www.view.pt), VIEW. (info@view.pt -. "Um cidadão traz habitualmente consigo apenas uma fotocópia do cartão de cidadão ou do bilhete de identidade. Se a autoridade lhe exigir a identificação, pode estar descansado? - Direitos e Deveres dos Cidadãos".
External links[edit]
ACLU "Bust Card" What To Do If You’re Stopped By The Police
ACLU Know Your Rights When Encountering Law Enforcement
10 Rules for Dealing with Police from FlexYourRights.org, a 501(c)(3) educational nonprofit organization.
California Codes
Colorado Revised Statutes
Nevada Revised Statutes
New York Legislature Source for New York State Laws
Stop-and-Identify Laws from Police Chief magazine
Suspects Who Refuse to Identify Themselves from Police Chief magazine
The Identity Project: Hiibel
When Do You Have to Give Your Name at the RNC Protests? An analysis of New York's "stop and identify" law.
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text:
If It's Not Forever
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If It's Not Forever!
Book cover
Author
Durjoy Datta, Nikita Singh
Cover artist
Creative Station
Country
India
Language
English
Genre
Thriller
Suspense
Romance
Published
2012 by Grapevine India Publishers
Pages
239
ISBN
9789381841037
If It's Not Forever is a novel by Durjoy Datta and Nikita Singh.[1] It was published in the year 2012 by Grapevine India Publishers. It is set on the story of the 2011 Delhi High Court blasts.[2][3] Though mentioned as a love story, it is more of a suspense thriller. There are seven characters mentioned in this book, with the main protagonist being Debashish (Deb), who hails from Bengal and is deeply scarred with haunting memories of the blast. The book has received average reviews from critics all over India.
Contents
[hide]
1 Plot
2 Characters
3 Critical review
4 References
Plot[edit]
"My breathing is still ragged. Each breath I take and release hurts a little more. I feel choked and my head burns. I feel sick of the haunting images that spin round my head"
—Durjoy Datta
The author starts off with memories of the blast day. Deb had survived the bomb attack that left eighty people injured and many people dead.[4] He feels sick at home and could not help wipe away the evil memories of the day. He recites the tragic event repeatedly to Avantika, his girlfriend. Avantika loves him and also feels bad, but she tries her best to make him forget what had happened. Quoting from the book, Deb says, "It could have been me".[5] Deb is said to work at a publishing house "that publishes trash novels". His co-worker is named as Shrey, who is addicted towards girls and cannot live without them.
He finally recovers from it. He wants to seek redemption as he stood there, on the blast day, watching the victims die. He finds a diary while re-visiting the area, and the edge of the diary is burnt beyond recognition. He takes it home and reads it. The diary has "R.D" written on it. No name, or for that matter address, is provided. But Deb wants to return the diary to Ragini, who "R.D" loved. It is later revealed that the person was Ritam Dey and that "R.D" was his initials. He and Shrey, in the upcoming days, plans a road trip to Dehradun, where Ragini lived.[6]
Most of the novel says us about the trio (Avantika, Shrey, Deb) and a girl named Tiya, travelling in an old car. They travel and the secrets come back to life. From Dehradun to Mumbai, the novel covers most of the Indian metropolitan cities. In the beginning of the novel we get to know about the trio's daily life. Shrey is reported to work at Grapevine India, and often goes out to "meet someone from the Times".[5] Deb knows that Shrey is actually meeting new girls. It is also highlighted in the novel that Avantika, Deb's girlfriend, hates the company of Shrey's girlfriend Tiya. Tiya is said to be stupid and crazy.
Deb reads the diary privately at night when Avantika, with whom he lives, is fast asleep. He does not reveal to her what the diary has in it. Avantika, as he fears, would cry out for the "R.D" and might have left Deb stranded. One day, Shrey says he is bored with daily life, and he wants a vacation by a road trip. Deb immediately recognizes the value of the moment and seizes the opportunity in an instance. Thus, they venture out for the trip. Meanwhile, Avantika gets busier in her work life and has to go to Mumbai. Deb now regrets his decision to move without Avantika. However, he copes with it and sticks with the decision they had made. On the first day they go to Dehradun. Deb moves out of their hotel, to visit Imperial Academy, where "R.D" studied. It was mentioned in the diary in the initial pages of love-writing. He asks out the receptionist for records of someone with initials "R.D". The receptionist refuses at first, but then when he says that he comes from the press, the receptionist hands out the details. He accepts it and finds an address. However, in vain does the effort go.[7] There is no one at the old, and dilapidated home except the old man, who is the caretaker of the house. He has forgot everything and suffers from Alzeimer's disease.
They, thus take the address from the caretaker and reach Haridwar, where Pratik, "R.D"'s best friend lived. He eventually does get hold of Pratik and trace out his home. He is said to work in Madhya Pradesh, India. Thus they have to again go up Madhya Pradesh.
Characters[edit]
Deb: He is the main protagonist. He is said to work at Grapevine India publishers along with Shrey.
Avantika: She is Deb's girlfriend for five years. She plays a significant role in the book.
Shrey: The author describes him as addicted to sex and girls. Shrey is witty and intelligent and is very hard to get along with.
Tiya: Shrey's girlfriend. The author portrays her to be immature and not sensible.
Ritam: The owner of the diary and the lover of Ragini.
Ragini: The heroine of the novel. She has survived the blasts.
Nigel: Ragini's would-be husband.
Sumi: Ritam's ex-girlfriend.
Nivedita: The physically-cum-mentally challenged sister of Ritam. She was left alone by her parents, and only his brother Ritam came to attend her. She was placed in a mental hospital located in Gandhinagar, Gujarat.
Critical review[edit]
If It's Not Forever received fairly average to good reviews. Youth24x7, on their review, said, "Looking at ‘If it’s not forever, it’s not love’ will definitely make one think that it is one of those mushy love stories but what distinguishes this book from them is the way Durjoy Datta and Nikita Singh have given a new sensitive angle to the story by presenting the protagonist as a bomb blast victim striving to achieve redemption".[8] Online blogs state it as a book that should be read by readers who are patient enough. Justlife reviewer Heena Joshi wrote, "Love could not have better sketch ever than the one depicted in this novel. The novel obviously has the common facet of young love, relationships & sex. But what sets it apart from others is the humanity; humanity towards the loss of some unknown; empathy with that person’s life and plight; relevance to other’s dreams and a dream to fulfill that unknown’s dream, a pain for other’s plight and loving your loved ones and making them feel this coziness and warmth throughout your life so that you don’t need to repent or think, “Why couldn’t I express them when I was alive”."[9]
Stories In Moments gives 4 stars to If It's Not Forever and writes, "It’s a captivating read. More than once I felt like jumping to the last chapter as it was getting difficult for me to wait to know about the fate of the diary. The ‘present-tense-narration’ makes the story more intriguing and mysterious. Also the real life mentions like Grapevine and company funds etc. make you feel more emotionally connected to the story. The swaps between Deb’s story and Dead Man’s story have been used wonderfully. There isn’t a single episode when story loses its grip. But what sets the mercury soaring are the final 70 pages where every page greets you with a new revelation, a new heart break, and a new hope at the same time.[10]
References[edit]
Jump up ^ "Book Review: If it's Not Forever, It's not Love". The Bookoholics. Retrieved 2013-11-16.
Jump up ^ "If It's Not Forever Durjoy Datta review". Goodreads.com. Retrieved 2013-11-16.
Jump up ^ "If It's Not Forever Durjoy Datta review". alotofpages.com. Retrieved 2013-11-16.
Jump up ^ "Terror blast at Delhi High Court, 11 killed, over 80 injured". India Today. Retrieved 2013-11-16.
^ Jump up to: a b If It's Not Forever: Google Books. Google Books. Retrieved 2013-11-16.
Jump up ^ "If It's Not Forever". IIS India. Retrieved 2014-05-08.
Jump up ^ http://www.booksindiareads.com/if-its-not-forever-its-not-love/
Jump up ^ "Book Review: If It's Not Forever It's Not Love By Durjoy Datta and Nikita Singh". Youth24x7.com. Retrieved 2013-11-19.
Jump up ^ "Book Review-"If it's Not Forever, It's Not Love"". JustLife.in. Retrieved 2013-11-19.
Jump up ^ "BOOK REVIEW: IF IT'S NOT FOREVER…IT'S NOT LOVE". Stories In Moments. Retrieved 2014-03-22.
Retrieved from "https://en.wikipedia.org/w/index.php?title=If_It%27s_Not_Forever&oldid=817719028"
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2012 Indian novels
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