"I pulled back and again reiterated my point that I was in my rights to take the photos. He stated that I could either delete my photos or he would arrest me for obstruction of justice. Appalled, I informed Officer Hudson that arresting me and getting a warrant for the photos would be the only way to get me to delete them and that I wanted his full name and badge number. He refused to give it to me. He told me that he was in a “generous mood” and would give me a chance to walk away. Noting that the situation could not end well for me, I noted that I intended to file a complaint against him, and headed on about my way."
- Thomas Hawk
from Bookmarklet
When you're talking to an angry man armed with a gun and a badge you have whatever rights he feels like letting you have right then. There's not much point arguing constitutional rights to a police officer. Peacefully allow yourself to be arrested if you need to make a point. Take it up in the courts later. Hopefully you'll have some powerful friends and $$ and a lawyer.
- Chrimmus Tad
This happens there too. I thought this was the case only in India.
- Palak Mathur
So, if asked by a police officer to show identification, you are required by law to comply, but ask the officer for their identification and they can deny it. Sounds wrong to me.
- Wizetux
Actually, they are required to show it if you ask. Otherwise you can't be guilty of resisting arrest if the officer won't prove he really is an officer and not an imposter impersonating one, and maybe trying to rob you. Where I live, women are told not to open their car window at night if they get pulled over by an "officer", any more than just a crack, enough to tell that "officer" to show some ID. And if it is a plain clothes officer in an unmarked car, you have the right to call police on your cell phone to verify.
- April Russo (app103)
This is just sad. Seems to me if the cop wasn't going to do anything wrong he had no reason to not want the scene to be photographed.
- ChiliMac
There's somethin' special about Texas law-men. Unless you are suspected of illegal activity, you are not required to show a police officer ID. This is called a Terry Stop. There is even a Texas case, I think it's Brown v Texas that specifically said as much (unless you're suspected of committing a crime). See also Hiibel v Nevada.
- Anthony Citrano
I wonder about any requirement to show ID when there is no requirement to carry ID in the US. You carry a driver's license when you drive, but if you're not driving it's entirely feasible not to have ID on you. Failure to identify yourself though is a different story.
- Dave Roth
@Dave: to your last sentence, it's functionally the same thing. Again, unless the officer has articulable facts about your possible criminal activity, SCOTUS has repeatedly upheld a law-abiding American's right to be left alone in this regard. This isn't (quite) a fascist state: “Papers, please!”
- Anthony Citrano