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PostPosted: Tue Jul 26, 2011 6:43 pm 
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It is not against the law to not identify yourself. If a cop stops you on the street and asks you who you are, you don't have to tell them.

However, if you are caught in the commission of a crime, you lose the right to not identify yourself. I am baffled that some can't make that connection. You cannot have a justice system without the ability to identify the accused.


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PostPosted: Tue Jul 26, 2011 6:47 pm 
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Glad they found out who he was.

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PostPosted: Tue Jul 26, 2011 6:49 pm 
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It is a human right to remain silent whenever you want to, it is a non action.


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PostPosted: Tue Jul 26, 2011 6:53 pm 
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LadyKate wrote:
Glad they found out who he was.


Why ?


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PostPosted: Tue Jul 26, 2011 6:58 pm 
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They needed to know his name so they could make sure he wasn't a convicted sex offender. Or some other thing that the police didn't catch him doing.

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PostPosted: Tue Jul 26, 2011 6:59 pm 
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Midgen wrote:
LadyKate wrote:
Glad they found out who he was.


Why ?


Now they can properly charge him and send him on his way?

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PostPosted: Tue Jul 26, 2011 7:07 pm 
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What Raltar said.

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PostPosted: Tue Jul 26, 2011 7:10 pm 
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So you are saying that it was in his best interest, despite the fact that he obviously preferred otherwise?


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PostPosted: Tue Jul 26, 2011 7:13 pm 
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It seems like he wanted a place to live and food in his stomach, like that other worthless piece of **** that attempted to rob the bank without actually ever intending to rob the place so he'd go to jail. So, it would be better in the interest of everyone else if this worthless piece of **** stopped sucking up tax dollars by his continued incarceration.

Then again, I'm not exactly following this, just skimming things here and there.

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PostPosted: Tue Jul 26, 2011 7:17 pm 
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Um...Midgen, they had to charge the guy in order for him to be released (and they guy DID want to be released), but they couldn't charge him without an identity. Sounds like the guy's family had been looking for him as well, so maybe he's someone's bumbling grandpa who was starting to get a little dementia.
All I'm sayin' is, I'm glad they found out who he is so the poor old fart can go home.

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PostPosted: Tue Jul 26, 2011 7:37 pm 
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It seems to me like he didn't want his family to know about his incarceration. I haven't seen anything to justify not honoring those wishes.


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PostPosted: Tue Jul 26, 2011 7:40 pm 
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Midgen wrote:
It seems to me like he didn't want his family to know about his incarceration. I haven't seen anything to justify not honoring those wishes.


One justification is to follow the rules because that's what they are, but I don't agree with it.


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PostPosted: Tue Jul 26, 2011 7:42 pm 
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Midgen wrote:
It seems to me like he didn't want his family to know about his incarceration. I haven't seen anything to justify not honoring those wishes.


Um...
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He was identified Tuesday as Philip Todd Beavers from Farmington, N.M., after a family member called investigators Tuesday morning.

"He identified the photograph that had been posted with the press," said Utah County Sheriff's Lt. Dennis Harris.


The family identified him from the photo, from the article, stating that he was in jail....how exactly were they supposed to hide his incarceration from his family? And where did it say he didn't want his family to know he was in jail?

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PostPosted: Tue Jul 26, 2011 7:43 pm 
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Also, since we are speculating here, perhaps the man has dementia/alzheimers and didn't want to admit that HE didn't even know who he was? Just a possibility there, especially since they said the family was looking for him.

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PostPosted: Tue Jul 26, 2011 7:45 pm 
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So, out of work and he got free room and board for a few days.

Midgen, it remains a crime to lie to the police. If he says nothing the confusion goes on. If he lies, then he's broken the law and if they can't charge him with anything else, they can charge him with that.

Amusingly, it is not illegal for the police to lie to you.

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PostPosted: Tue Jul 26, 2011 7:55 pm 
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There is some speculation going on, but its not 'we' (unless you have a mouse in your pocket).

And point of fact, a judge HAD already charged him as "John Doe", so your point about needing to ID him to charge him is apparently incorrect.

He obviously didn't want to provide his name. They only identified him by putting his photo all over the internet. I don't know what his reasons were for not wanting to be identified. Apparently you are assuming it was something nefarious (he wanted free meals, or he was hiding something). I'm not assuming that...

Michael, he never lied to the police, and they were quite clear on this. He was very polite while he was in custody. He just wouldn't tell them his name.

The crimes he was charged with were "Criminal Trespass" (in a public building parking garage no less), "Not Identifying himself to a police officer", and "Interfering with an investigation". I see no reason why he could have not served the sentence for these crimes and been released.

abc4.com wrote:
Lt. Harris said that Utah County Sheriff's Office personnel spent well over 100 man hours in responding to calls and investigating possible leads.


Seriously? Because a guy was walking through a parking garage?

Our tax dollars at work!


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PostPosted: Tue Jul 26, 2011 10:36 pm 
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So... in other words, he didn't identify himself to the police, and so they made up two other charges to file against him.

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PostPosted: Tue Jul 26, 2011 11:05 pm 
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Nope, those are real charges, among those omnibus little laws they use to detain people when they don't have anything substantial to hold them with.

Interfering with an investigation is so broad to be meaningless.

Failing to identify himself to a police officer was one of the things he was in their hoosegow for. If he had identified himself back at the garage he probably would have just been asked to leave the property.

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PostPosted: Wed Jul 27, 2011 9:59 am 
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Diamondeye wrote:
The fact that he refuses to identify himself gives reasonable cause to believe he is either A) convicted of an offense, B) fears conviction for an offense of which he knows himself guilty or C) is in this country illegally.


Horseshit. Even if it is reasonable cause, can you detain someone indefinitely for "reasonable cause"? I don't agree, but if they did have justifiable cause for AN INVESTIGATION into these allegations, then the burden is on them to develop their case to make. They don't get to hold him indefinitely without a case.


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PostPosted: Wed Jul 27, 2011 10:09 am 
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If he committed no crime there isn't a stop and identify power to police anywhere in the nation without RAS first.

The thing is he was already committing a crime.

Still in cases like this I'd rather have them hold and release once the sentence is served. It really doesn't matter who he is so long as he was punished accordingly for the crime we know he committed.

Police have X long to identify, DA has X long to press charges, court system has X long to hold trial...seems to fit nicely.

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PostPosted: Wed Jul 27, 2011 11:19 am 
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Arathain Kelvar wrote:
Diamondeye wrote:
The fact that he refuses to identify himself gives reasonable cause to believe he is either A) convicted of an offense, B) fears conviction for an offense of which he knows himself guilty or C) is in this country illegally.


Horseshit. Even if it is reasonable cause, can you detain someone indefinitely for "reasonable cause"? I don't agree, but if they did have justifiable cause for AN INVESTIGATION into these allegations, then the burden is on them to develop their case to make. They don't get to hold him indefinitely without a case.


You're making the assumption that there is no investigation going on, or that they are holding him "indefinitely". Clearly, if his name can be ascertained by other means, the justification to hold him goes away, and I doubt they care to foot the bill for him any longer than necessary. However, the fact is that he hasn't been identified yet.

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PostPosted: Wed Jul 27, 2011 11:22 am 
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shuyung wrote:
Diamondeye wrote:
You think Canadians never come into this country illegally? Oh, no, that's only dirty Mexicans that do that. :roll:

Don't give me this ****. It has nothing to do with whether refusing to identify yourself is an offense. The fact that he refuses to identify himself gives reasonable cause to believe he is either A) convicted of an offense, B) fears conviction for an offense of which he knows himself guilty or C) is in this country illegally. The criminal justice system is intended to allow people to be tried and convicted or acquitted based on the facts, not to avoid the consequences by hiding their identity. If he refuses to provide the information that allows the criminal justice process to proceed, his being held is a mere administrative action which he has the power to remedy any time he chooses. His confinement is his own making and his own choice.

Who gives a rat's ***? I notice you're employed in Texas, not Minnesota.

So indeed, you are presuming him guilty of other offenses.


So, no, I'm not, and my place of employment has zero to do with the issue.. although I see once again you're unable to approach such issues with out ad homs.

I'm not "presuming him guilty" of anything, either. I realize it's considered clever to call any criminal justice procedure one doesn't like "presuming someone guilty" but that really has nothing whatsoever to do with it.

By the same token, you're not "presuming him innocent".

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PostPosted: Wed Jul 27, 2011 12:09 pm 
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Can you explain why it was important to hold this person beyond the duration of any punishment for immediate convictions that doesn't boil down to "Well, he might have done something else wrong somewhere"?

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PostPosted: Wed Jul 27, 2011 1:24 pm 
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Kid, we don't want any hangin's.

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PostPosted: Wed Jul 27, 2011 1:25 pm 
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Obie, did you think I was going to hang myself for littering?

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