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Reply #65: You did read the qualification within that section? [View All]

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marshall Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-26-09 01:28 PM
Response to Reply #28
65. You did read the qualification within that section?
"...and shall be exhibited upon lawful request for purposes of identification...."

If you read the main section 98 that lists the duties of a police officer it spells out:

"They may examine all persons abroad whom they have reason to suspect of unlawful design, and may demand of them their business abroad and whither they are going; may disperse any assembly of three or more persons, and may enter any building to suppress a riot or breach of peace therein. Persons so suspected who do not give a satisfactory account of themselves, persons so assembled and who do not disperse when ordered, and persons making, aiding and abetting in a riot or disturbance may be arrested by the police, and may thereafter be safely kept by imprisonment or otherwise unless released in the manner provided by law, and taken before a district court to be examined and prosecuted."

Arguably Gates's request wasn't considered lawful by Crowley (and the other witnesses including officers and neighbors) and presumably fell within the exception of the law you cite.

It's all "nuance" as the law often is--but I think it's worth noting that Gates himself appears to be backing away from his earlier strong statements (probably in light of Obama's pseudo mea culpa) and we likely will not hear more until and if the powers that be see fit to release the tapes.
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