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Animal Kingdom (TV series)
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This article is about the TV series. For other uses, see Animal Kingdom (disambiguation).
Animal Kingdom
Genre
Crime drama
Family drama
Serial drama
Based on
Animal Kingdom
by David Michôd
Developed by
Jonathan Lisco
Starring
Ellen Barkin
Scott Speedman
Shawn Hatosy
Ben Robson
Jake Weary
Finn Cole
Daniella Alonso
Molly Gordon
Carolina Guerra
Theme music composer
Atticus Ross & Claudia Sarne
Composer(s)
Alexis & Sam
Country of origin
United States
Original language(s)
English
No. of seasons
3
No. of episodes
36 (list of episodes)
Production
Executive producer(s)
Liz Watts
David Michôd
Andrew Stearn
Jonathan Lisco
John Wells
Etan Frankel
Christopher Chulack
Producer(s)
Jinny Howe
Andrew Stearn
Eliza Clark
Terri Murphy
Llewellyn Wells
Production location(s)
Oceanside, California
Los Angeles, California
Cinematography
Danny Moder
Loren Yaconelli
Running time
47-54 minutes
Production company(s)
John Wells Productions
Warner Horizon Television
Distributor
Warner Bros. Television Distribution
Release
Original network
TNT
Original release
June 14, 2016 (2016-06-14) – present
External links
Website
Animal Kingdom is an American drama television series developed by Jonathan Lisco. It is based on the 2010 Australian film of the same name by David Michôd, who is executive producer for the series, alongside Liz Watts who also produced the movie. The series follows a 17-year-old boy, who, after the death of his mother, moves in with his estranged relatives, the Codys, a criminal family clan governed by matriarch Smurf. Ellen Barkin portrays the leading role of Janine "Smurf" Cody, played by Jacki Weaver in the 2010 film.
Animal Kingdom debuted on TNT on June 14, 2016, and was renewed for a second season on July 6, 2016, of thirteen episodes that premiered on May 30, 2017.[1] On July 27, 2017, TNT renewed the series for a third season that debuted on May 29, 2018.[2][3] On July 2, 2018, TNT renewed the series for a fourth season.[4]
Contents
1 Cast and characters
1.1 Main
1.2 Recurring
2 Episodes
3 Production
4 Reception
4.1 Critical response
4.2 Ratings
4.3 Accolades
5 Broadcast
6 Home media
7 References
8 External links
Cast and characters[edit]
Main[edit]
Ellen Barkin as Janine "Smurf" Cody, the tough matriarch of the family and J's estranged grandmother. Smurf is protective of her family and presents a borderline-incestuous love towards them. All of her sons have different fathers.
Scott Speedman as Barry "Baz" Blackwell, Smurf's adopted son and leader in the Codys' robberies. Despite his quiet demeanor, he is manipulative and self-centered. (seasons 1–3)
Shawn Hatosy as Andrew "Pope" Cody, the oldest Cody son, who is mentally disturbed and considers suicide. He reappears after serving three years in Folsom State Prison and has an obsessive infatuation with Baz's girlfriend Catherine.
Ben Robson as Craig Cody, the middle Cody son, who has a predilection for drugs and extremely risky activities.
Jake Weary as Deran Cody, the youngest Cody son, a former competitive surfer who is gay and opens a bar as a legitimate side business.
Finn Cole as Joshua "J" Cody, Smurf's grandson who moves in with her and his uncles following the death of his mother, Julia, who was Pope's twin sister.
Daniella Alonso as Catherine Blackwell (season 1), Baz's girlfriend, and mother to their daughter, Lena.
Molly Gordon as Nicky Belmont (seasons 1–3), J's girlfriend who falls in with the Codys and their crime.
Carolina Guerra as Lucy (recurring, season 1; main, seasons 2–3), Baz's mistress from Mexico with whom he rekindles a romance after Catherine's disappearance. She is the head of a Mexican gang with her brother.
Recurring[edit]
Aamya Deva Keroles as Lena Blackwell, Baz and Catherine's daughter.
Spencer Treat Clark as Adrian, Deran's on-again/off-again boyfriend who runs a surfboard shop and is a competitive surfer.
C. Thomas Howell as Paul Belmont (season 1; guest, season 3), a United States Navy Lieutenant Commander at Camp Pendleton, and Nicky's father.[5]
Nicki Micheaux as Det. Sandra Yates (season 1), a sharp, focused detective trying to catch the Cody family.[6]
Dorian Missick as Patrick (seasons 1–2), a tough cop with a sweet spot for Catherine.[6]
Christina Ochoa as Renn Randall (seasons 1–3), Craig's drug dealer and on-again/off-again girlfriend.
Ellen Wroe as Alexa Anderson (season 1), J and Nicky's teacher, who works undercover with Detective Yates to try to take down the Codys.
Michael Bowen as Vin (season 1), a man previously incarcerated with Pope.
Jack Conley as Jake (season 1), a former member of Smurf's gang, and Craig's father.
Alex Meraz as Javier "Javi" Cano (season 2), a man from a dangerous gang that Smurf worked with while her own sons were too young to commit crimes.
Jennifer Landon as Amy (season 2; guest, season 3), an employee at a megachurch whom Pope meets and briefly dates.
Tembi Locke as Monica (season 2), a smart, low-key woman who is the technical brains of a criminal operation that the Codys rely on to fence their stolen goods.
Laura San Giacomo as Morgan Wilson (season 2–3), Smurf's lawyer.
Andy Favreau as Mark Liston (season 2), a powerful businessman who the Codys encounter at the church, and who has a fling with Deran.
Gil Birmingham as Pearce (season 2–present), an unflappable law enforcement officer with a dry sense of humor and more than 20 years on the job.[7]
Sohvi Rodriguez as Mia Benitez (season 3), a tough young woman raised in a gang who is very rough around the edges.[8]
Damon Williams as Clark Lincoln (season 3), a former motorcross rider and X Games participant who now works as an ER nurse and starts a fling with Deran.[8]
Denis Leary as Billy (season 3), Deran's drifter father who Smurf kicked out years ago.[9]
Dichen Lachman as Frankie (season 3), Billy's edgy, free-spirited and dangerous younger girlfriend.[7]
Episodes[edit]
Further information: List of Animal Kingdom episodes
Season
Episodes
Originally aired
First aired
Last aired
1 10 June 14, 2016 (2016-06-14) August 9, 2016 (2016-08-09)
2 13 May 30, 2017 (2017-05-30) August 29, 2017 (2017-08-29)
3 13 May 29, 2018 (2018-05-29) August 21, 2018 (2018-08-21)
Production[edit]
TNT ordered the pilot of Animal Kingdom in May 2015,[10] with Barkin and Speedman the first to be cast in July 2015 as matriarch Smurf and her adopted son Baz, respectively.[11] In August, Cole and Weary were added as J and Deran,[12] with Hatosy and Robson soon cast as the remaining Cody brothers Pope and Craig.[13][14] Alonso was later announced as Baz's wife Catherine,[15] and Molly Gordon as J's girlfriend Nicky.[16]
The project was picked up to series with a 10-episode order in December 2015.[17] The show debuted on June 14, 2016,[18] and on July 6, 2016 TNT renewed it for a 13-episode second season.[19] On July 27 TNT announced it would be renewing Animal Kingdom for a third season, which premiered on May 29, 2018.[3] The season three premiere was aired after a game on TNT beginning 12:30/11:30 central the day before the premiere.[20] On July 2, 2018, TNT renewed the series for a fourth season.[4]
Reception[edit]
Critical response[edit]
The first season of Animal Kingdom has received positive reviews. On review aggregator website Rotten Tomatoes, the season has an approval rating of 74% based on 31 reviews. The consensus is: "Bolstered by Ellen Barkin's acting prowess, Animal Kingdom is a darkly intriguing, although occasionally predictable, twisted family drama."[21] On Metacritic, the series has a score of 65 out of 100, based on 27 critics, indicating "generally favorable reviews".[22]
Ratings[edit]
Season
Timeslot (ET)
Episodes
First aired
Last aired
Avg. viewers
(millions)
18–49 rating
(average)
Date
Viewers
(millions)
Date
Viewers
(millions)
1 Tuesday 9:00 pm 10 June 14, 2016 (2016-06-14) 1.31[23] August 9, 2016 (2016-08-09) 1.51[24] 1.27[25] 0.43[25]
2 13 May 30, 2017 (2017-05-30) 1.19[26] August 29, 2017 (2017-08-29) 1.41[27] 1.17[28] 0.38[28]
3 13 May 29, 2018 (2018-05-29) 1.61[29] August 21, 2018 (2018-08-21) 1.37[30] 1.31[31] 0.39[31]
Accolades[edit]
Year
Award
Category
Recipient(s) and nominee(s)
Result
Ref.
2018 Saturn Awards Best Action-Thriller Television Series Animal Kingdom Nominated [32]
Broadcast[edit]
In Canada the show is broadcast on Bravo (Canada).[33] In the UK, it is available on Amazon Prime, In Australia, it is available on Netflix
Home media[edit]
The first season was released in DVD and Blu-ray formats on April 28, 2017. Each set contains behind-the-scenes featurettes and deleted scenes. The home media is distributed by Warner Bros. Home Entertainment.[34]
References[edit]
Jump up ^ "Breaking News: TNT's Animal Kingdom Returns for Season 2 Tuesday, May 30". The Futon Critic. Retrieved 2017-06-30.
Jump up ^ Porter, Rick (July 27, 2017). "'Animal Kingdom' and 'Angie Tribeca' renewed at TNT and TBS". TV by the Numbers. Retrieved July 27, 2017.
^ Jump up to: a b "Animal Kingdom renewed for season 3". Entertainment Weekly. Time Inc. Retrieved November 22, 2017.
^ Jump up to: a b Otterson, Joe (July 2, 2018). "Claws, Animal Kingdom Renewed at TNT". Variety. Retrieved July 2, 2018.
Jump up ^ Otterson, Joe (April 5, 2016). "TNT's Animal Kingdom Casts C Thomas Howell in Recurring Role". The Wrap. Retrieved July 13, 2016.
^ Jump up to: a b Petski, Denise (April 25, 2016). "Animal Kingdom: Nicki Micheaux & Dorian Missick Cast As Recurring". Deadline Hollywood. Retrieved June 15, 2016.
^ Jump up to: a b Petski, Denise (March 8, 2018). "'Animal King': Gil Birmingham & Dichen Lachman Set To Recur In Season 3 Of TNT Series". Deadline Hollywood.
^ Jump up to: a b Petski, Denise (February 13, 2018). "Animal Kingdom: Sohvi Rodriguez & Damon Williams Set To Recur On Season 3". Deadline Hollywood. Retrieved February 13, 2018.
Jump up ^ Andreeva, Nellie; Petski, Denise (February 27, 2018). "Animal Kingdom: Denis Leary To Recur In Season 3 Of TNT Drama Series". Deadline Hollywood. Retrieved February 27, 2018.
Jump up ^ Turner press release (May 13, 2015). "Kevin Reilly Unveils Bold Vision for TNT & TBS At Turner Broadcasting's 2015 Upfront". The Futon Critic. Retrieved January 23, 2016.
Jump up ^ Andreeva, Nellie (July 29, 2015). "Ellen Barkin & Scott Speedman To Star In John Wells' TNT Pilot Animal Kingdom". Deadline Hollywood. Retrieved January 23, 2016.
Jump up ^ Petski, Denise (August 4, 2015). "Finn Cole & Jake Weary Join TNT Drama Pilot Animal Kingdom". Deadline Hollywood. Retrieved January 23, 2016.
Jump up ^ Petski, Denise (August 14, 2015). "Shawn Hatosy Joins TNT Drama Pilot Animal Kingdom". Deadline Hollywood. Retrieved January 23, 2016.
Jump up ^ Pedersen, Erik (August 20, 2015). "Ben Robson Leads Life Of Crime In TNT Pilot Animal Kingdom". Deadline Hollywood. Retrieved January 23, 2016.
Jump up ^ Petski, Denise (August 24, 2015). "Daniella Alonso Joins Animal Kingdom Pilot; Emma Greenwell In The Way". Deadline Hollywood. Retrieved January 23, 2016.
Jump up ^ Petski, Denise (August 25, 2015). "Molly Gordon Rounds Out Animal Kingdom Cast; Orange Is The New Black Adds 3 Recurring". Deadline Hollywood. Retrieved January 23, 2016.
Jump up ^ "TNT Greenlights Original Drama Series Good Behavior and Animal Kingdom". The Futon Critic. December 10, 2015. Retrieved 8 January 2016.
Jump up ^ Slezak, Michael (March 24, 2016). "Animal Kingdom — TNT Drama Premiere Date and Trailer". TVLine. Retrieved May 1, 2016.
Jump up ^ Prudom, Laura (July 6, 2016). "TNT's Animal Kingdom, TBS Comedies Angie Tribeca and Wrecked Renewed". Variety. Retrieved July 10, 2016.
Jump up ^ "TV Listings- Find Local TV Listings and Watch Full Episodes - Zap2it.com". tvlistings.zap2it.com.
Jump up ^ "Animal Kingdom: Season 1 (2016)". Rotten Tomatoes. Retrieved May 30, 2017.
Jump up ^ "Animal Kingdom: Season 1". Metacritic. CBS. Retrieved May 30, 2017.
Jump up ^ Metcalf, Mitch (June 15, 2016). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 6.14.2016". Showbuzz Daily. Retrieved June 15, 2016.
Jump up ^ Metcalf, Mitch (August 10, 2016). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 8.9.2016". Showbuzz Daily. Retrieved August 10, 2016.
^ Jump up to: a b "Animal Kingdom: Season One Ratings". TV Series Finale. August 10, 2016. Retrieved May 20, 2018.
Jump up ^ Metcalf, Mitch (June 1, 2017). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 5.30.2017". ShowBuzz Daily. Retrieved June 1, 2017.
Jump up ^ Metcalf, Mitch (August 30, 2017). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 8.29.2017". Showbuzz Daily. Retrieved August 30, 2017.
^ Jump up to: a b "Animal Kingdom: Season Two Ratings". TV Series Finale. August 30, 2017. Retrieved May 20, 2018.
Jump up ^ Metcalf, Mitch (May 30, 2018). "Updated: ShowBuzzDaily's Top 150 Monday Cable Originals & Network Finals: 5.28.2018". Showbuzz Daily. Retrieved May 30, 2018.
Jump up ^ Metcalf, Mitch (August 22, 2018). "Updated: ShowBuzzDaily's Top 150 Tuesday Cable Originals & Network Finals: 8.21.2018". Showbuzz Daily. Retrieved August 22, 2018.
^ Jump up to: a b "Animal Kingdom: Season Three Ratings". TV Series Finale. August 22, 2018. Retrieved August 22, 2018.
Jump up ^ McNary, Dave (March 15, 2018). "'Black Panther,' 'Walking Dead' Rule Saturn Awards Nominations". Variety. Archived from the original on March 15, 2018. Retrieved March 15, 2018.
Jump up ^ "bravo.ca - All Shows". www.bravo.ca.
Jump up ^ Lambert, David (January 26, 2017). "Animal Kingdom - Official Warner Press Release for 'The Complete 1st Season' on DVD, Blu-ray". TV Shows on DVD. Archived from the original on January 28, 2017. Retrieved May 28, 2017.
External links[edit]
Official website
Animal Kingdom on IMDb
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The Rebel (TV series)
From Wikipedia, the free encyclopedia
Jump to: navigation, search
For the 2016 British comedy, see The Rebel (comedy series), for other uses, see The Rebel.
The Rebel
Nick Adams as Johnny Yuma
Created by
Andrew J. Fenady
Nick Adams
Starring
Nick Adams
Country of origin
United States
Original language(s)
English
No. of seasons
2
No. of episodes
76
Production
Running time
30 minutes
Production company(s)
Celestial Productions
Fen-Ker-Ada Productions
Mark Goodson-Bill Todman Productions (filmed at the studios of Paramount Pictures)
Distributor
Worldvision Enterprises[1]
Paramount Domestic Television
CBS Television Distribution
Shout! Factory (current)[2]
Release
Original network
ABC
Picture format
Black-and-white
Audio format
Monaural
Original release
October 4, 1959 – June 18, 1961
The Rebel is a 76-episode American western television series starring Nick Adams that debuted on the ABC network from 1959 to 1961. The Rebel was one of the few Goodson-Todman Productions outside of their game show ventures. Beginning in December 2011, The Rebel reruns began to air Saturday mornings on Me-TV.
Contents
[hide]
1 Synopsis
2 Cast
3 Other guest stars
4 Series highlights
5 Theme song
6 Popular culture
7 DVD release
8 References
9 External links
Synopsis[edit]
The series portrays the adventures of young Confederate Army veteran Johnny Yuma, an aspiring writer, played by Nick Adams. Haunted by his memories of the American Civil War, Yuma, in search of inner peace, roams the American West, specifically the Texas Hill Country and the South Texas Plains. He keeps a journal of his adventures and fights injustice where he finds it with a revolver and his dead father's sawed-off double-barreled shotgun.
Cast[edit]
Nick Adams was the star and only regular actor of this series. He was involved in the show's design, inception, and writing, along with the producer, Andrew J. Fenady, who appeared twice in the series, once as United States Army General Philip Sheridan in the episode "Johnny Yuma at Appomattox", with George Macready as General Robert E. Lee.[3] John Carradine appeared in two episodes as Elmer Dodson, the newspaper editor in Johnny Yuma's hometown, fictitious Mason City, Texas, who encourages Yuma to keep a journal of his travels.[4]
John M. Pickard, formerly of the syndicated Boots and Saddles television series appeared three times on The Rebel, including the role of Sheriff Pruett in "Run, Killer, Run". Hal Stalmaster played Skinny in the 1959 episode "Misfits," including Malcolm Cassell as Billy the Kid and Hampton Fancher as "Bull". The young "Misfits" enlist The Rebel's "help" to rob a bank and in their mind live thereafter a life of leisure. Leonard Nimoy was cast as Jim Colburn in the 1960 episode "The Hunted", the story of an innocent man on the run from a posse which does not know that Colburn was acquitted by a jury.[5]
Olive Sturgess guest-starred twice on The Rebel, as Jeannie in "The Scavengers" (1959) and as Charity Brunner, a woman in search of her missing miner husband, in "The Pit" (1961). In the second episode, Sturgess's real-life six-month-old nephew, Leonard Sturgess, played the baby required in the script.[6]
Other guest stars[edit]
Charles Aidman
Philip Ahn
Claude Akins
Michael Ansara
Barry Atwater
James Best
Robert Blake
Dan Blocker
Henry Brandon
Patricia Breslin
Victor Buono
Johnny Cash
Iron Eyes Cody
Elisha Cook, Jr.
Ellen Corby
Vic Damone
Royal Dano
John Dehner
Frank DeKova
William Demarest
Richard Devon
Bobby Diamond
George Dolenz
James Drury
Jack Elam
Ross Elliott
Jason Evers
Richard Farnsworth
Jamie Farr
Virginia Field
Robert Foulk
Steven Franken
Ned Glass
Mark Goddard
Virginia Gregg
Clu Gulager
Stacy Harris
Myron Healey
Richard Jaeckel
L.Q. Jones
Gail Kobe
Wright King
Otto Kruger
Ruta Lee
Lisa Lu
John Marley
Strother Martin
Lon McCallister
Tyler McVey
Patricia Medina
Robert Middleton
John Mitchum
Joanna Moore
Terry Moore
Agnes Moorehead
Ed Nelson
Leonard Nimoy
Jeanette Nolan
Tom Nolan
Jay Novello
Warren Oates
Cathy O'Donnell
J. Pat O'Malley
Gigi Perreau
William Phipps
Paul Picerni
Mala Powers
Sue Randall
Madlyn Rhue
Paul Richards
Tex Ritter
Gail Russell
Soupy Sales
Walter Sande
William Schallert
James Seay
Dan Sheridan
Frank Silvera
Bob Steele
Olan Soule
K.T. Stevens
Warren Stevens
Gloria Talbott
Buck Taylor
Vaughn Taylor
Kenneth Tobey
Harry Townes
Robert Vaughn
James Westerfield
Peter Whitney
Marie Windsor
Carleton G. Young
Series highlights[edit]
Nick Adams as Johnny Yuma
The first episode, "Johnny Yuma", is set in early 1867. It shows Johnny Yuma returning to his hometown nearly two years after the end of the war. His father, Ned Yuma, the sheriff, had been killed by a gang that took control of the town. Dan Blocker of "Bonanza" fame plays the gang leader. This episode is when Yuma gets his father's shotgun.
The third episode, entitled "Yellow Hair" has Yuma captured by the historical Kiowa chief Satanta, played by native Mexican Rodolfo Acosta, whose fictional adopted white daughter is played by Carol Nugent, Nick Adams' wife.[7]
The 25th episode, "Fair Game," gained attention at the end of 2015 because it appears to be a principal source for Quentin Tarantino's feature The Hateful Eight, including a female prisoner (Patricia Medina) and a couple of significant plot twists.
Several place names mentioned throughout the episodes clearly place the action in post-Civil War Texas, New Mexico, and Arizona. Forts noted in episodes, such as Fort Griffin and Fort Concho, were actual frontier Texas outposts of the late 1860s and are now state historic sites. In a first-season episode, Yuma encounters rag-tag rebel CSA soldiers in the corrupt mining town of La Paz, Arizona. The actual town of La Paz was the seat of Yuma County between 1862 and 1870; it stood in the Confederate Arizona Territory which existed briefly during the Civil War. Nothing remains of La Paz but crumbling foundations and a historical marker.
In "Vicious Circle", Yuma identifies the Confederate unit he served in as the 3rd Texas, but he does not indicate the branch of service. Other episodes show saddlebags stenciled with CSA and an old uniform jacket with yellow collar and cuffs, indicating his regiment was likely the 3rd Texas Cavalry.
After the show's original run on ABC finished in June 1961, it was picked up by NBC and rerun as a summer replacement series from June to September 1962.
Theme song[edit]
The show’s theme song, "The Rebel" alias "The Ballad of Johnny Yuma", was composed by Richard Markowitz, with lyrics by Andrew J. Fenady. Members of the Western Writers of America chose it as one of the Top 100 Western songs of all time.[8] It was recorded by Johnny Cash, but it was not released as a single until April 1961, in June, shortly before the show went off the air. Nick Adams recorded the theme, which was released on Mercury Records (#71607) by March 1960. During syndication, the theme song was replaced by the DeWolfe Music Library instrumental track "Dodge City" by Jack Trombey.
Popular culture[edit]
Two episodes of the sitcom Seinfeld referenced the first line of The Rebel theme song. In the episode "The Heart Attack", Jerry retorts to Kramer that Johnny Yuma is a Rebel. The Rebel was also a 1966 Allan Sherman song from the album Allan Sherman Live!; and later, in 1994, it was applied to the compilation album My Son, the Greatest.
DVD release[edit]
On August 18, 2015, Timeless Media Group released The Rebel- The Complete Series on DVD in Region 1 for the very first time.[9] The 11-disc set contained all 76 episodes of the series as well as bonus features.
References[edit]
Jump up ^ "The Rebel Closing...WHOOSH Globe". YouTube: Credits Archive. 7 September 2014. https://m.youtube.com/watch?v=nF3LtHxdz3A
Jump up ^ "The Rebel...Johnny Yuma Meets Pace". YouTube: Shout! Factory. 5 August 2015. https://m.youtube.com/watch?v=zUZqIIG3miU
Jump up ^ ""Johnny Yuma at Appomattox", September 18, 1960". Internet Movie Data Base. Retrieved March 18, 2013.
Jump up ^ ""The Bequest", September 25, 1960". Internet Movie Data Base. Retrieved March 18, 2013.
Jump up ^ ""The Hunted", November 6, 1960". Internet Movie Data Base. Retrieved March 18, 2013.
Jump up ^ Mike Fitzgerald. "Olive Sturgess". westernclippings.com. Retrieved September 6, 2014.
Jump up ^ ""Yellow Hair", The Rebel, October 18, 1959". Internet Movie Data Base. Retrieved March 19, 2013.
Jump up ^ Western Writers of America (2010). "The Top 100 Western Songs". American Cowboy. Archived from the original on 10 August 2014.
Jump up ^ 11-DVD Set for 'The Complete Series: The Collector's Edition'
External links[edit]
Wikimedia Commons has media related to The Rebel (TV series).
The Rebel on IMDb
The Rebel at TV.com
Retrieved from "https://en.wikipedia.org/w/index.php?title=The_Rebel_(TV_series)&oldid=800045537"
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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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/wiki/Change_My_Mind_(John_Berry_song)
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Change My Mind (John Berry song)

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Life On Display

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/wiki/Change_My_Mind
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