[*BCM*] Red-light runners crackdown...

[Peter]

What would be the purpose of a false name and address other than to avoid paying the fine?  In real world encounters w/ police it is best to be polite, respectful of the badge (regardless of what you might otherwise think) and apologetic w/o giving excuses.  Even in a motor vehicle this can result in a warning v a ticket and fine.  You can be thankful this is not a surchargable violation on motor vehicle insurance (yet) or the $100 would land up ultimately costing multiples of that.

The law has no bearing when you are standing in front of someone w/ a loaded gun strapped to his hip, it is only relevant later if you wish to challenge the ticket.  Even if the cop is dead wrong you ain't gonna be having a beer summit w/ Obama and Biden at the White House.      


________________________________
From: Jim Leonard <jim_bcm at xuth.net>
To: Boston Critical Mass <list at bostoncriticalmass.org>
Sent: Tuesday, September 20, 2011 8:56 PM
Subject: Re: [*BCM*] Red-light runners crackdown...

On Tue, Sep 20, 2011 at 08:29:34PM -0400, Thomas Vitolo wrote:
> To reiterate: you must state your name and address.  It's not optional. 
>   You can't lie about it.  The law can be found here:
> 
> http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter85/Section11c
> 
> jim seems to suggest that a police officer can detain a person until his 
> identity is confirmed in the case of a bicycle stop.  I'm not so sure 
> that's true... but IANAL, and I would think that the police have lots of 
> discretion on matters like this.

How about if I rephrase it as: If the officer believes that you've refused "to state (your) true name and address" you "may be arrested without a warrant for such refusal".  Quotes are from the above MGL section.  So the only question left is how much lattitude the officer has to question whether you've given a valid name and address.  If I had to guess that answer would be quite a bit.

--jim
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