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 Post subject: What's going on here?
PostPosted: Mon Jul 25, 2011 10:52 am 
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Maybe Numbuk (or anyone else from Utah) can shed more light on this?

Apparently this 71 year old guy was arrested for Criminal Trespass, and has refused to identify himself. He's been incarcerated since July 1st.

Apparently providing ID is a requirement for release? How long can they hold the guy for criminal trespass?

According to another article I read from Reuters, he's asked to be released so he can attend to a 'small business'.

The Provo police have decided that if the guy won't ID himself, they would go to the media, including the international wire services, in an effort to find someone who knows him.

He must be guilty of something right? Let's keep him here until we find out what it is!

http://www.heraldextra.com/news/local/c ... mode=story

Daily Herald wrote:
PROVO -- Police arrested an elderly man on July 1 for criminal trespass, but weeks later he still refuses to provide authorities with his name. Now, the Utah County Sheriff's Office hopes the public can help identify the man.
According to Sheriff's Lt. Dennis Harris, the man is about 71 years old and was booked into jail on three misdemeanor charges. He did not have any identification with him and will not tell authorities his name. A judge set his bail at $1,200, but he remains in jail.
"You hate to see somebody still stay in jail just because they're so stubborn," Harris said. "We don't want to see anybody in here longer than they should be."
Police have been referring to the man simply as "John Doe." He is described as a white male, about 6 feet 2 inches and weighing 175 pounds. He has blue eyes and gray hair.
Harris said that officials suspect he may be from out of state because he didn't seem aware of things commonly seen in Utah. Specifically, Harris said that at one point authorities learned that the man had not ever heard of DI, or Deseret Industries.
Harris said that occasionally people refuse to give police basic identification information, but that they usually break down after sitting for a few days in jail. In the case of John Doe, however, authorities haven't been able to learn anything.
"It leads you to believe they're hiding something," Harris said, "which may or may not be the case with this individual."
Anyone with information about the man is encouraged to call Lt. Scott Carter at (801) 851-4202.

Read more: http://www.heraldextra.com/news/local/c ... z1T8HBAsIA


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PostPosted: Mon Jul 25, 2011 11:11 am 
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Well, if he was charged with something, they have to have his name and information in order to file the paperwork.
You can't give a ticket or set a court date for someone with no identification.

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PostPosted: Mon Jul 25, 2011 11:14 am 
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So if he doesn't give his name, he basically sits in jail forever?


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PostPosted: Mon Jul 25, 2011 11:18 am 
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I would assume so, otherwise everyone would be refusing to give their ID to avoid punishment for crimes.
I guess that's why they are going public, they probably don't want the guy to sit there forever, they'd probably rather just fill out his paperwork, charge him, and let him go.

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PostPosted: Mon Jul 25, 2011 11:20 am 
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Hahaha! It'd be like the outlaw version of Rumpelstiltskin..."Hey man, don't give the cops any ID and if they can't figure out who you are in 30 days, you get off scot-free cuz they hafta let you go!!"

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PostPosted: Mon Jul 25, 2011 11:22 am 
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I'm not suggesting he shouldn't be punished for Criminal Trespass. I don't know what the punishment is for Criminal Trespass in Provo, but I can't imagine it's more than a night or two in jail and a fine.


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PostPosted: Mon Jul 25, 2011 11:25 am 
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Here's another article with more information in it, Midgen:

http://www.smh.com.au/world/mystery-prisoner-has-jail-authorities-stumped-20110725-1hvxc.html

Quote:
A mystery US man arrested on minor charges more than three weeks ago remains behind bars in Utah while law enforcement officials try to determine his true identity, which he refuses to reveal.
"This is really a strange case," said Lieutenant Dennis Harris with the Utah County Sheriff's Office. "He just doesn't want to be found."
The unidentified man, who has greying hair, a light beard and is believed to be in his sixties, was arrested on July 1 for trespassing in a parking garage.

He was booked into jail on three misdemeanour charges and has thwarted any chance of release, with or without bail, by refusing to identify himself.
"I've been trying to think from A to Z why he would want to stay here ... why he wouldn't give us any information," Harris said.
"He either has to be wanted by some other state or he could be on some other registry or database that has not shown up," he added.
Law enforcement officials say the man is "fairly well spoken and educated", but very guarded about his identity.
As a result of several short conversations with him, officers believe he may not be from Utah.
Officials gave the man a telephone calling card so he might contact friends or relatives, but he has not used it.
"He was very aware of what we were trying to do and he would not give us the slightest bit of information indicating where he was from or anything relating to his family situation," said Harris.
"We've had a lot of people call in but nothing has panned out. Nothing," he added.
Officials say in three weeks of jail the mystery man has shown a pleasant demeanour and has communicated that he is being treated well.
"He said the food has been great," Harris said.
"I realise that sometimes people want to go to jail because they are homeless, have nothing, they are destitute. I've seen that over the years. I just don't get the impression that's the reason. He just doesn't want to be discovered by somebody."
Now in his fourth week of incarceration, the man added another twist to the story recently by hinting he had business of some kind outside prison that he would need to attend to.
"He said there was a point at some time that he would need to get out of jail," Harris said. "That's the closest I can find of what he wants to do. And that makes no sense to me whatsoever."

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PostPosted: Mon Jul 25, 2011 11:33 am 
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That's the original Reuters article where I found out about it. I went to the local news site I linked above to see if I could get more information. There has to be more to this...

That article doesn't tell me anything in regards to why they are keeping him incarcerated. Has he served out is 'Criminal Trespass" sentence and is just held indefinitely? Has he even been sentenced? How long can they legally hold him pending ID ?

There are some strange statements from Lt Harris in that article. Maybe they don't make sense because there is some context missing. Regardless, they seem strange to me.

Lt Harris - Utah County Sherriff's Office wrote:
He either has to be wanted by some other state or he could be on some other registry or database that has not shown up.

Why are they assuming he is wanted?

Lt Harris - Utah County Sherriff's Office wrote:
He said there was a point at some time that he would need to get out of jail. That's the closest I can find of what he wants to do. And that makes no sense to me whatsoever.

Really, wanting to get out of jail to attend to his business makes no sense?

And then there is this gem....
Lt Harris - Utah County Sherriff's Office wrote:
"You hate to see somebody still stay in jail just because they're so stubborn,"


Last edited by Midgen on Mon Jul 25, 2011 11:44 am, edited 1 time in total.
Added another strange quote


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PostPosted: Mon Jul 25, 2011 11:44 am 
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His unemployment finally ran out?

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PostPosted: Mon Jul 25, 2011 12:01 pm 
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They should let him out, he clearly served enough time for trespassing.


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PostPosted: Mon Jul 25, 2011 12:04 pm 
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Yeah, the only question that should concern the police at this point is "Has he served out any sentence for the crimes he has been charged with?"

If the answer is "yes", then it doesn't matter who he is, let him go.

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PostPosted: Mon Jul 25, 2011 12:06 pm 
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If their reason is because they want to stick his name in a computer, then that's stupid. Computers didn't even exist not too far long ago.


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 Post subject: Re:
PostPosted: Mon Jul 25, 2011 3:16 pm 
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shuyung wrote:
Yeah, the only question that should concern the police at this point is "Has he served out any sentence for the crimes he has been charged with?"

If the answer is "yes", then it doesn't matter who he is, let him go.



Well yeah it does matter. There are a lot of things that concern the police at this point. Namely identifying the individual. Is he missing from somewhere else (mental hospital, rehab, etc) ? Is he wanted for something else? (child support, fraud, any number of crimes where he doesn't have prints on file)? I'm far from sypathetic for police, but in this case the person in question is being an idiot. Name and age are all one needed to give during a foot encounter in PA. Are utah laws different?

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 Post subject: Re: Re:
PostPosted: Mon Jul 25, 2011 3:20 pm 
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Hannibal wrote:
Well yeah it does matter. There are a lot of things that concern the police at this point. Namely identifying the individual. Is he missing from somewhere else (mental hospital, rehab, etc) ? Is he wanted for something else? (child support, fraud, any number of crimes where he doesn't have prints on file)? I'm far from sypathetic for police, but in this case the person in question is being an idiot.


This

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PostPosted: Mon Jul 25, 2011 4:17 pm 
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shuyung wrote:
Yeah, the only question that should concern the police at this point is "Has he served out any sentence for the crimes he has been charged with?"

If the answer is "yes", then it doesn't matter who he is, let him go.


Without knowing who he is, how in the **** could they possibly know whether he's served his sentence?

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 Post subject: Re: Re:
PostPosted: Mon Jul 25, 2011 4:28 pm 
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Hannibal wrote:
Well yeah it does matter. There are a lot of things that concern the police at this point. Namely identifying the individual. Is he missing from somewhere else (mental hospital, rehab, etc) ? Is he wanted for something else? (child support, fraud, any number of crimes where he doesn't have prints on file)? I'm far from sypathetic for police, but in this case the person in question is being an idiot. Name and age are all one needed to give during a foot encounter in PA. Are utah laws different?

What does it matter if he's missing from somewhere? He seems to be in full possession of his faculties, according to the article. If he's wanted for something else, it's nothing big enough that his fingerprints are on record. All they've got him for is three misdemeanor charges. If he's been incarcerated enough time to have fulfilled his obligation for those charges, all they're doing now is fishing.
Diamondeye wrote:
Without knowing who he is, how in the **** could they possibly know whether he's served his sentence?

Because they've had him in custody the whole time?

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 Post subject: Re: Re:
PostPosted: Mon Jul 25, 2011 8:12 pm 
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shuyung wrote:
Hannibal wrote:
Well yeah it does matter. There are a lot of things that concern the police at this point. Namely identifying the individual. Is he missing from somewhere else (mental hospital, rehab, etc) ? Is he wanted for something else? (child support, fraud, any number of crimes where he doesn't have prints on file)? I'm far from sypathetic for police, but in this case the person in question is being an idiot. Name and age are all one needed to give during a foot encounter in PA. Are utah laws different?

What does it matter if he's missing from somewhere? He seems to be in full possession of his faculties, according to the article. If he's wanted for something else, it's nothing big enough that his fingerprints are on record. All they've got him for is three misdemeanor charges. If he's been incarcerated enough time to have fulfilled his obligation for those charges, all they're doing now is fishing.
Diamondeye wrote:
Without knowing who he is, how in the **** could they possibly know whether he's served his sentence?

Because they've had him in custody the whole time?



Scenario 1) I'm Hannibal. I have no criminal record, but I'm now missing, my family is found dead in my home. People are looking for me to question me. Now the cops pick me up on some stupid tresspassing charge and have me in custody. I refuse to identify. They hold me until I can be identified.

Scenario 2) I'm Hannibal. I'm walking around and decide to do some urban exploring. I get caught and now the cops are holding me on some stupid tresspassing charge. I refuse to identify. They hold me until my identify can be confirmed.

Cops don't determine sentances. It's up to the individual to meet the requirements for release. Like identifying himself. They didn't just snatch him off the street for nothing ala "In the name of the father". He was tresspassing. He's keeping himself in jail by not identifying himself. Name and age. Thats it.

Too bad the guy isn't an illegal immigrant. We wouldn't be able to ask him #### and the Whitehouse would demand his release.

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 Post subject: Re: Re:
PostPosted: Mon Jul 25, 2011 8:28 pm 
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Communication shouldn't be a requirement to be released. That's thought crime.


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PostPosted: Mon Jul 25, 2011 8:30 pm 
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One of the aspects you folks have kind of missed is, though Hannibal kind of touched on it is "does he have any outstanding warrants?" Yeah, we had him and held him for the trespassing charge, but his prints were clean and we had no way of knowing you guys were looking for him.

Another aspect is the criminal record. How do we append the violations to his record if we have no name. Its not just a computer thing, its a long held history thing, does this guy have any priors we should be aware of? Is this a pattern? Would the sentencing be changed if he is mentally ill? Rap sheets have been around for a long long time.


I can see them holding on to him. Without ID and refusing to supply something that they can verify, he is drawing suspicion to himself. Refusing to identify ourselves to legal authority is not one of our rights, unless I've missed something.

The big question is why is he choosing to not identify himself?

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 Post subject: Re: Re:
PostPosted: Mon Jul 25, 2011 8:32 pm 
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Hannibal wrote:
Scenario 1) I'm Hannibal. I have no criminal record, but I'm now missing, my family is found dead in my home. People are looking for me to question me. Now the cops pick me up on some stupid tresspassing charge and have me in custody. I refuse to identify. They hold me until I can be identified.

Scenario 2) I'm Hannibal. I'm walking around and decide to do some urban exploring. I get caught and now the cops are holding me on some stupid tresspassing charge. I refuse to identify. They hold me until my identify can be confirmed.

Cops don't determine sentances. It's up to the individual to meet the requirements for release. Like identifying himself. They didn't just snatch him off the street for nothing ala "In the name of the father". He was tresspassing. He's keeping himself in jail by not identifying himself. Name and age. Thats it.

Too bad the guy isn't an illegal immigrant. We wouldn't be able to ask him #### and the Whitehouse would demand his release.

Scenario 1) Too bad. Law enforcement had the duration of your valid incarceration to figure out who you were and if you were wanted for something. If they can't get it done in that time frame, then you win.

Scenario 2) Too bad. Law enforcement doesn't need to know who you are to punish you for transgressing against the law.

He is not "keeping himself in jail". Law enforcement is keeping him in jail, for what appears to be no better reason than being thwarted in their efforts to figure out who this person is. I would assume they've now got his fingerprints, and there's some internal identifier assigned to him. That should be enough for law enforcement.

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PostPosted: Mon Jul 25, 2011 8:50 pm 
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Micheal wrote:
One of the aspects you folks have kind of missed is, though Hannibal kind of touched on it is "does he have any outstanding warrants?" Yeah, we had him and held him for the trespassing charge, but his prints were clean and we had no way of knowing you guys were looking for him.

Another aspect is the criminal record. How do we append the violations to his record if we have no name. Its not just a computer thing, its a long held history thing, does this guy have any priors we should be aware of? Is this a pattern? Would the sentencing be changed if he is mentally ill? Rap sheets have been around for a long long time.


I can see them holding on to him. Without ID and refusing to supply something that they can verify, he is drawing suspicion to himself. Refusing to identify ourselves to legal authority is not one of our rights, unless I've missed something.

The big question is why is he choosing to not identify himself?

Any communications problems that law enforcement agencies may have amongst themselves are irrelevant. Perhaps you could identify the types of warrants that could be outstanding for someone completely unaccompanied by some sort of other identifying information such as vital statistics, fingerprints, or photograph?

If somebody has a criminal record, they are in no danger of going unidentified by law enforcement, is that not so?

He's drawing suspicion to himself if you believe his refusal is indicative of guilt. Now, the SCOTUS upheld a Nevada law making it a criminal offense to refuse to identify yourself to police. That was in 2004. I would suspect that most states have implemented something similar in the intervening years, although I cannot say for certain. However, simply because a state can do something does not mean that it is right to do so, or would you argue that?

No, that's not the big question.

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PostPosted: Mon Jul 25, 2011 9:04 pm 
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I thought our justice system was built on the presumption of innocence until guilt was proven? Is that not the case? Are we automatically guilty of some ambiguous crime until we prove otherwise?

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PostPosted: Mon Jul 25, 2011 9:16 pm 
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shuyung wrote:
If somebody has a criminal record, they are in no danger of going unidentified by law enforcement, is that not so?


Quite the opposite. Identifying someone merely by fingerprints tends to take a long time. The description can help narrow it down but white guys of normal weight in their 60s are pretty common. What if this guy is missing, not sure who he is, and is being looked for by his family?

Actually, I find your whole argument pretty squishy. Law enforcement agencies not being able to communicate are the reason we have Homeland Security, and they really haven't improved the situation. The time and cost it takes to identify someone by fingerprints, if that is all you have, is going to cost the inmate and the jail system unnecessarily, because they are mostly going to charge the guy for it, because he refused to identify himself and they had to take an alternate method.

SCOTUS upheld the concept, you may disagree with them. I don't in this case. Just because any entity can do something doesn't necessarily mean it is right for them to do it, however, it isn't necessarily wrong for them to do it either.

Your argument fails on every point with me Shuyung. Try again.

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PostPosted: Mon Jul 25, 2011 9:23 pm 
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I wonder if the authorities can even charge someone without knowing their identity, much less convict them.

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PostPosted: Mon Jul 25, 2011 9:27 pm 
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Micheal wrote:
Your argument fails on every point with me Shuyung. Try again.

Why would I do that? You appear to find beneficent the hand of authority. I do not. We will not reach accord.

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