Refusal to show ID in Georgia update from 2008 arrest

This is a discussion on Refusal to show ID in Georgia update from 2008 arrest within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; http://www.defensivecarry.com/forum/...-incident.html This case was won today in court because refusing to give ID in Georgia is not a crime...

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Thread: Refusal to show ID in Georgia update from 2008 arrest

  1. #1
    Senior Member Array rmodel65's Avatar
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    Thumbs up Refusal to show ID in Georgia update from 2008 arrest

    Another GA OC incident

    This case was won today in court because refusing to give ID in Georgia is not a crime
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    VIP Member Array mlr1m's Avatar
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    I would bet that it soon will be a crime. How can we have order if citizens are free?

    Michael

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    VIP Member Array rammerjammer's Avatar
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    good for the OCer but how much did he pay in legal fees to prove that he is right?
    I don't carry a gun to look for or start a fight. I carry one to finish a fight I never wanted to be in.

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    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by rammerjammer View Post
    good for the OCer but how much did he pay in legal fees to prove that he is right?
    This is why the governmental agency responsible for the charges should have to pay all costs if those charges are unfounded.

    Michael

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    Distinguished Member Array Badey's Avatar
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    Will he be pursuing a federal suit against the arresting officer?
    mcgyver210 and FTG-05 like this.
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    Member Array tmoore912's Avatar
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    rmodel65,
    Congrats! Long time coming for sure.
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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Badey View Post
    Will he be pursuing a federal suit against the arresting officer?
    I do believe so...
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    Distinguished Member Array Badey's Avatar
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    Maybe that will show the officer that "ignorance of the law" is no excuse...
    "He is a wellspring of truth, but you can't bring the whole well up with one bucket." -Mark Twain's Mother (Jane Lampton Clemens)

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    Member Array tmoore912's Avatar
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    Make sure you post the Judge's Order here once it gets filed, so we can read it. It will be interesting to see what it says.
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    Senior Member Array rmodel65's Avatar
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    I will as soon as its written by JRM
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    Member Array PilotAlso's Avatar
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    uh ooooooo,

    Looks like former LEO, AzQkr (aka: Brownie) got OWNED big time.

    It was a good read going back to the original thread and seeing how he stated over and over again that the LEO's actions were legal and justified.

    Oops
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    Quote Originally Posted by PilotAlso View Post
    uh ooooooo,

    Looks like former LEO, AzQkr (aka: Brownie) got OWNED big time.

    It was a good read going back to the original thread and seeing how he stated over and over again that the LEO's actions were legal and justified.

    Oops
    Yeah, it was clear he backed himself into a corner in some early posts, then when presented with clear cut evidence that he was wrong, he chose to stick to his guns.

    ... for 20 pages.

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    VIP Member Array oakchas's Avatar
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    But....

    in AZ, they tried to make suspected illegals show "papers"... I don't vant to be in this country vhen its okay for the Police to say "papers please" not ever....
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    No one has to carry ID at all times. Yes, one must present a license if engaged in some activity that requires it (driving, CC'ing in states that require a permit), but to innocently walk in public and carry ID is not a requirement. If an LEO asks you to identify yourself, a simple "I am [whomever]" is sufficient as identifucation.
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    Senior Member Array rmodel65's Avatar
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    Yeah but Georgia doesnt even require that... georgia requires a license to OC or CC but does not require you to produce it....



    ........the mere refusal to identify oneself to an officer is not a crime.” Ewumi, citing Wagner ,206 Ga.App. at 182. The U.S. Court of Appeals for the 11th Circuit has said that Georgia’s obstruction statute only punishes providing false identity to the police (not no identity). The refusal to provide any identity is not a crime in Georgia, the Court said, and if it were, it would not be constitutional. U.S. v. Brown, 731 F.2d 1491, 1494 (11th Cir. 1984). (“We therefore must interpret the statute to prohibit only actual lies
    .....
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