Yes of course I would assume they have a fee they charge. Expert witness that would be good for testifying at my trial.
This is inaccurate. Police cannot compel you to identify yourself without reasonable suspicion of an illegal activity. Generally, if you look under 35 in a casino, they'll simply claim you could have been underage, and you would be required to show them ID. But if you're old and weathered enough to be above suspicion, there's nothing they can lawfully do if you blow them off. There is no state law that overrides the 4th Amendment. Further, there is no stop and identify law in Maryland. Therefore, in order to detain someone for failure to provide an ID, there has to be probable cause of a crime (as opposed to reasonable suspicion)--or it is false imprisonment.Originally Posted by Tthree
In the examples you give regarding rioting, it's kind of suspicious to be loitering near an active riot zone then say "F%# the police" and refuse an ID, so the police are probably going to get a little latitude during times of unrest. Doesn't change the actual law.
Last edited by Boz; 04-24-2016 at 06:18 PM.
They come up with a reason and if you don't produce ID they hold you in a cell until they either have to charge you or release you at which point you are released but you have spent a day locked up. Baltimore City used this to pump up their stats of bringing people in. They talk about that stat but ignore the fact that most were released without being charged because they shouldn't have been brought in in the first place. They have used a number of real but bogus stats to make politicians look like they are making progress when the only thing the accomplished was getting the citizens to see police as the enemy.
Well, if there is probable cause of vagrancy or loitering, then yes they can hold you. Loitering is tricky because those laws are often vague and overbroad--so you probably should look like a rioter or gang member, per your example. Vagrancy is better, but you should look like a hobo. But you aren't being held for failing to produce an ID; you're being held for a completely unrelated crime to which ID is immaterial.
If for example, you are a well dressed and apparently affluent 50 year-old in a group of similarly situated people who all produce their IDs, you cannot be held for simply refusing to produce your ID. You could be, but then, as an affluent individual, you would call your lawyer and initiate a lawsuit. And the police would probably realize that and decide not to detain you. Law is the law.
Anyone who graduated college, is not a career criminal, does not have anger management issues, and who is not homeless--I don't think you have to worry about LAWFUL detainment under loitering or vagrancy for failing to produce an ID. Be prepared to explain your refusal to produce an ID.
Baltimore is one of the worst places in the country; it's like Detroit. They aren't exactly arresting soccer moms and letting them rot for a couple days, for no particular reason. They bring in scumbags they didn't actually catch doing anything.
In the Maryland Live incident, the cop had reasonable suspicion to detain him due to his age; though it was never articulated as such. There may or may not have been probable cause for an arrest. Once the ID was shown, there would have been no cause to hold him. However, the kid was effectively subjected to a custodial interrogation on behalf of the casino, inside the casino (i.e. arrest). I believe he has a claim against the casino for assault, and a weak claim against the police for false arrest. It doesn't appear anyone thought he was too young; they just wanted his biographical information. The cop acted under the color of law to provide it to the casino; all the while providing false or inaccurate information regarding the law--on videotape.
Last edited by Boz; 04-25-2016 at 12:39 PM.
i have been ID'd during play, upon being backed off and by security and PCs right after visiting the cage...NEVER have I produced ID....just simply say, "I don't have any identification" and keep walking....I am, however, well into my 50s, white, well dressed, and rich...prob matters...lol
This is semantics. If you had produced ID as they requested you would have been quickly on your way. You refused so they take you in on suspicion of whatever and hold you until they must release or charge you and then release you. Everyone from Baltimore knows this is SOP for the police. The thing you have to realize is this is Maryland. The Md Supreme Court rules a law as unconstitutional and they implement it anyway. They regularly raid dedicated funds and then increase the tax that feeds the dedicated fund because the money the took isn't there. Every ahority pretty much does whatever it wants. You can tell them all about the constitution and how you don't have to show them ID on your way to jail. They are slow but 24 hours later they will agree with you and release you. I hope you enjoyed you stay behind bars.
Do you really believe a police force that will routinely illegally detain people won't lie about the cause? If you are not careful that lawyer you hired when trying to get quickly released will be needed to defend you on the trumped up charge that becomes necessary to avoid the PD from being hit with a lawsuit.
When the casino is in a jurisdiction of a corrupt police force overseen by a corrupt city government in a state run by corrupt politicians you shouldn't expect a fair shake and when try to leverage your rights to get a fair shake you just might end up serving a very unfair stint in jail for something you never did but all the police testify you did. Unless you know someone that can grease the right palms you will at least serve the minimum. I was always lucky enough to have connections that interceded before things got so far that they couldn't be turned around. That corruption can work for you or against you when your ass is in the fire. I won't go into any details but my transgression had me quickly released. I was guilty as hell and the court clerks put off my trial date until the arresting officer retired and refused to come to my trial. His partner said he was otherwise occupied. The evidence was vaguely described and destroyed before the trial. I ended up standing before a judge not in a trial. He said it would be difficult to pursue a case and since I was an otherwise upstanding citizen they would overlook my transgression. Boy was I ever grateful that one of the other young adults arrested with me was from a connected family. I am not sure what it cost but I could have served some serious time and didn't even get a black mark on my record. The records were sealed by the judge so nobody could ever find out any of the details. Quite a number of government employees had to look the other way or cooperate for it to work out that way.
Call a lawyer and you will likely see your day in court. Never underestimate how corrupt the corrupt element you are dealing with is. Call a problem solver and you may never see a courtroom.
Justin.........have your attorney contact Nersesian........he should have a list. Then they make the arrangements for compensation (as your counsel) any way. Or Bob Loeb.
"Women and cats will do as they please, and Men and dogs should just relax and get used to the idea" --- Robert A. Heinlein
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