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Old 2004-03-05, 08:16 AM   #12
AtomicLabMonkey
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Real Name: Austin
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Location: Oshkosh, WI
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Quote:
Originally Posted by BAN SUVS
footnote... what does Nevada law have to do with it if it was in Humboldt county?
Well, the incident occured in Humboldt County, near Winnemucca, which is in Nevada.

Quote:
Originally Posted by BAN SUVS
Essentially, I think this is one of those times when the presiding justice is going to be sure to make it clear that law enforcement has to have good reason to ask for ID (without an arrest being required before you are compelled to show it), but this particular incident justified the request for ID.

I don't like the ramifications. But from the standpoint of pure law, he's SOL.
He's not SOL; that's one of the main reasons that the case is going all the way to the Supreme Court, because there is a conflict between Nevada state law and Federal legal precedents. In other words, a Nevada state trooper could follow state law, a person could be convicted in state court, and the decision could be appealed up to Federal court and would be overturned. Not to mention the trooper could be personally sued in Federal court for violating the person's constitutional rights.

I, for one, hope they make a clear cut decision against ID requirement. The Man can kiss my ass.
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