Thursday, April 1, 2010

Stop & I.D. Statutes

California is one of many states that do not have a "Stop & I.D. Statute". The Concord Police is very well known for breaking this law. Until somebody files a lawsuit against them for this issue, it will continue to happen by their officers against innocent people in the community. SEE BELOW:

"Consensual

At any time, a police officer may approach a person and ask questions. The objective may simply be a friendly conversation; however, the officer also may suspect involvement in a crime, but lack “specific and articulable facts”[3] that would justify a detention or arrest, and hope to obtain these facts from the questioning. The person approached is not required to identify herself or answer any other questions, and may leave at any time.[4] Police are not usually required to tell a person that she is free to decline to answer questions and go about her business;[5] however, a person can usually determine whether the interaction is consensual by asking, “Am I free to go?”

Ok so the law is saying "The person approached is not required to identify herself or answer any other questions, and may leave at any time."

Well That's not the case here in Concord with our Police Officers. Even if you're just walking down the street just going about your business, they will not let you leave until you hand over your I.D. so they can run it through to dispatch to see if you have any warrants out for your arrest. This happens probably on a daily basis with the Concord Police. They most likely know it's against the law but have been doing it for so long that they are comfortable with it. If this ever happens to you, definitely contact the Concord City Council or one of the Captains with the CPD and file a complaint.

9 comments:

Anonymous said...

I resent the fact that they have stopped me and wasted my time
which is important to me

they should have to pay for my time like any other busness

when they have bothered me with out probble cause or charges

Anonymous said...

I suggest that you read this. Though CA is not a "stop-and-identify" stste, A California statute requires persons who loiter or wander on the streets to identify themselves.

http://supreme.justia.com/us/461/352/case.html

Anonymous said...

I think they still need to have reasonable suspicion that you have committed a crime in order to detain you.

Unknown said...

WELL I SM S CONCORD RESIDENT, AND I GET STOP ON A DAILY BASIS. THEY USUALLY TELL ME I HAVE THE DESCRIPTIONS OF SOMEBODY THEY ARE LOOKING FOR WHO IS AFRICAN AMERICAN. I AM TIRED OF IT AND I WISH I HAD SOMEBODY TO TALK TO ABOUT IT. ALL "BLACK" PEOPLE DO NOT LOOK ALIKE

Administrator said...

Kuntri,

Your best bet is to file a complaint with either the Concord Police or you can do it through the Concord City Council who will help you.

To file a complaint with the CPD contact Capt. Brian Wiesendanger at (925)-671-5066.

To file a complaint with the City Council call (925) 671-3158.

I personally would file a complaint first with the City Council. I think you'll get more results that way as I did. Good luck!

Administrator said...

Hey Kuntri feel free to speak out against the CPD on this site.

I'd like to hear some of your stories and see if they relate to some of my encounters that I've had with the Concord Police over the years.

Anonymous said...

How about CPD coming into my home & conducting a 2 1/2 hour parole search - AND NO ONE IS ON PAROLE.....

Administrator said...

2.5 hrs??? What were they looking for? I don't see how they can do that if nobody was on parole.

Sounds like a lawsuit to me.

Anonymous said...

The city pays the most per tax swindled citizen on law enforcement. 59% of the city budget is sucked up by police. See city pages for details. According to the state revenue pages concord is the biggest spender per capita on 'public safety'. I find it unnerving to be stopped because the officer thinks I might not have a seatbelt on. Who the hell cares? I'm not hurting anyone, not driving badly...it's just turning into a nanny state. This is a Mayberry town with a force that needs to justify its value. Hence, the harassment of regular law abiding citizens. They have to justify their positions.