Thanks brother. No hard feelings.
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Hear! Hear! Hear what this wise and eloquent speaker has to say!
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Hear! Hear!
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From your link:
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Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances
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No person shall be temporarily detained under the provisions of subsection (2) longer than is reasonably necessary to effect the purposes of that subsection
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ā¦.no probable cause for the arrest of the person shall appear, the person shall be released.
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Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom the officer has temporarily detained, or is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, the officer may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon
I do think you are misinterpreting the statute.
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I hope I am misinterpreting it. It is a law that, depending on how its used, could be unconstitutional.
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As are many such laws and why citizens have to file suit against officers like the one in the video. To me that officer should be prosecuted and in jail.
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What do you think you are you misinterpreting that you think is unconstitutional?
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I do agree. The guy may have been legally required to identify himself (he was possibly treapassing), but none of that excuses the beating the deputy gave, which a blind man can see is criminal.
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Count on it ā he will be.
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I had thought that an officer could ask for ID for just about any reason. The law does seem to place some restrictions on when they can ask. Still, it is very broad.
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I will end with this, trespassing is usually a secondary charge not needing ID from the tresspasser. He said he would leave and that should have been the end of it.
Iām done.
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The officer can legally ask for ID all he wants.
The problem is when who is being asked or commanded to produce ID is under no lawful obligation to comply with that order ā and then the officer attempts to force compliance. That is unlawful. Thatās a no-no that gets people like Former Officer Hilton fired, charged, tried, convicted, sentenced, life ruined ā just like the life he tried to ruin for absolutely nothing.
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Trespass is a pretty serious charge with some pretty hefty fines, actually. Depending on where you are. Depending on the type of trespass.
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Agreed but if the person says they will leave and does, problem solved. Unless the property owner says something is missing. Other than that problem solved when the person leaves.
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Indeed.
Working Security in Las Vegas for many years, I learned immediately the State saw fit to publish into law what they call: Trespass Warning NRS 207.200 --or-- Trespass Warning Nevada Revised Statute 207.200.
We used this daily when trespassing folks from our Gaming properties. It was recognized by the court whenever someone was cited or arrested for trespassing. That is to say, after he had been read the Trespass Warning NRS 207.200, he returned to the property and was detained and cited or arrested for trespassing. The court will convict based on whether or not we read the person the NRS 207.200, which goes as follows:
āAs a duly appointed representative of the owner of this property, I hereby warn you, you are trespassing on this property as defined by the NRS 207.200. If you do not leave the premises immediately, you will be subject to arrest for a misdemeanor. Your subsequent return to the property after being duly warned not to return will subject you to immediate arrest for trespassing.ā
I read that so many times itās permanently etched on my brain, even after all these years of not using it anymore.
Most people donāt understand what that legal garble means, so I would simply explain to them, 'Sir or Madame, you must now leave us and never return ā or you will be arrested for trespassing. Do you understand?
"Yes, Sir.
āThank you very much, and have a pleasant tomorrow.ā
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Also, I might add, as Security we have no real powers of arrest, but Citizenās Arrest and detainment for a Peace Officer. In the event we actually put our hands on someone, we are obligated to take them to Security Holding and immediately notify the police. The police make the arrest, unless weāre doing Citizenās Arrest, and they can choose whether to take the suspect to jail or cite him or do nothing at all, read him the Trespass Warning NRS 207.200 and escort him from the property.
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Show me in that statute that says I have to ID. Only when I am arrested for trespassing is it mandatory for me to ID. Also not every stateās wording is the same. What might go in NV wonāt pass in another.
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I would love for hired security outside of a LEO arrest me! That is called kidnapping. I worked at a large corp it had both types of security, hired and LEO. only the LEO qualified could carry and arrest. If you aināt LEO qualified,and state authorized please please please arrest me. You or somebody that hired you WILL be paying me big money.
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Correct. I am speaking specifically about Nevada Revised Statues here.
Customers must verify their age with valid government issued ID upon request ā or they will be asked to leave and keep out of the the Gaming areas. We must be strict about minors especially in Gaming areas or our Gaming establishment could get a big fine.
No, you donāt have to show us your ID if you choose not to, but if you donāt, we wonāt allow you to remain in a Gaming area or may ask you to leave the property, depending on the circumstances.
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And if said person refuses to ID and says s/he will leave; are you going to stop him/her? Please please please stop me when I said I will leave and I donāt show you ID.
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