It wasn’t changed because it’s a common law right. “Common law right” is not equivalent to “fundamental right.” Common law rights may be and frequently are overturned by statutory law.
I’m sure you are also prohibitied from hovering a few feet above the ‘square’. So, box it is.
Do you mean that someone will take a right on red to take the space ahead of you? Taking a right on red isn’t allowed in NYC.
Actually, any such law would be unconsititutional. Under the Fourth Amendment, you have the right to be free from unreasonable search and siezure, and for a police officer to be able to simply demand identification without any other justification would run afoul of this prohibition.
Under Terry v. Ohio and its progeny, for a police officer to have any justification stop a person, the officer must have “reasonable suspicion” that criminal activity is afoot. Without such reasonable suspicion, the officer cannot detain a person.
Of course a police officer has the right to ask a person for identification for any reason or no reason at all, but the person is not obliged to give identification, or respond to the officer in any way, unless the officer has at least the “reasonable suspicion” necessary for a Terry stop.
As a DC area resident I would say that the box could be painted in glowing colors with twirling lights and raised markings. A fulll size sign board would spring out in front of each driver explaining exactly what the box is and what the driver should do in said box. The sign BTW would be in at least 20 languages and braille and accessable to the handicap. It will have pictographs that have been shown to the society of severly stupid people and even they have the facility to understand what to do in the box.
And still they would not know what to do.
As a DC area resident I would say that the box could be painted in glowing colors with twirling lights and raised markings. A fulll size sign board would spring out in front of each driver explaining exactly what the box is and what the driver should do in said box. The sign BTW would be in at least 20 languages and braille and accessable to the handicap. It will have pictographs that have been shown to the society of severly stupid people and even they have the facility to understand what to do in the box.
And still DC metor area drivers would not know what to do.
BTW I didn’t mean to insult the severly stupid by comparing them to DC drivers.
>> Originally posted by Billdo
>> Actually, any such law would be unconsititutional.
Which is why I fight them. Vagrancy laws were unconsitutional but the practice was to arrest and then dismiss.
>> …Fourth Amendment…free from unreasonable search
Do you know the difference between a search and a frisk for weapons conducted for the officer’s and the public’s safety?
>> a police officer to … demand identification
>> … would run afoul of this prohibition.
Tell it to the legislator and the courts. I’ve read the law and I’ve seen court dockets with cases of failure to identify/
>> Under Terry v. Ohio …for a police officer …stop a person
>> officer must have “reasonable suspicion”
One of the many benefits of the War on Drugs! Standing or sitting in public is reasonable suspicion of engaging in the illegal sale or purchase of drugs.
>> Without such reasonable suspicion,
>> the officer cannot detain a person.
Things have changed. Once upon a time an officer could not detain you without arresting you and he could not search you without booking you. No longer. Police can detain you AND demand identification “for the public safety.” Police can frisk for weapons for their safety.
>> police officer has the right to ask a person for identification
And a duty to take you to jail if you do not answer!
I suspect the OP was left alone because he had a strange accent and the cop figured he wasn’t from the City.