Not saying anything upon police questioning/arrest

[davestate]

If SWIM has no criminal record and no ID on him, what would happen if he simply doesn't say his real name or address or anything at all? Provided he's not in his car/home/uni?

Sorry if this is the wrong section

[powerrobbie]

You WILL be arrested. refusing to provide identifaction is illegal...everywhere as far as i know. and any cop can ask anyone at any time for ID

[Sven99]

Originally Posted by powerrobbie

You WILL be arrested. refusing to provide identifaction is illegal...everywhere as far as i know. and any cop can ask anyone at any time for ID

Not true. In most countries its not a requirement to even carry ID. I'm not a lawyer, but I'm sure I've read that it isn't a crime to refuse to give a name. If you're arrested however, you'd be best giving your name.

[powerrobbie]

Originally Posted by Sven99

Not true. In most countries its not a requirement to even carry ID. I'm not a lawyer, but I'm sure I've read that it isn't a crime to refuse to give a name. If you're arrested however, you'd be best giving your name.

my buddy swim knows here in canada it is illegal to refuse to identify yourself. conceling your idenitity to a police officer would make them think you have something to hide, if you keep refusing to identify yourself they definitly will detain you untill the find out who you are, and giving false information is definitly a crime.

[Decstar]

I take it SWIY is in 'Norn Iron'? As far as I know SWIY would be within SWIY's rights to refuse to give them his identity as long as no crime has been commited. However, by refusing to give SWIY's identity, SWIY would be giving them probable cause which they could use to arrest SWIY until SWIY's identity can be assertained. If a crime has been commited, SWIY could be charged with withholding information or wasting police time. According to The Criminal Evidence (Northern Ireland) Order 1988 SWIY's silence could be used as evidence against him. Giving a false identity definitly is a crime and the police don't take this lightly. A refusal is just like a red flag to a cop and it is just going to bring SWIY to their attention. SWIY would be better to just give SWIY's real identity. One way or the other they are going to find out who SWIY really is.

[davestate]

But how could they ID SWIM, and thus charge him, if he has no police record or ID?

[Decstar]

If SWIM is suspected of being involved in a crime they could arrest him and even charge him without ID. If SWIM wants to be released, it is up to SWIM to prove who he is. It is not going to do SWIM any good to withhold his identity. The police aren't going to let him just walk away that easily! LOL

[Decstar]

My understanding is that it is not a crime so they can't charge you, but they can still arrest you if it is necessary for their investigations.

[x cynic x]

Don't you have the right to remain silent? Let's get back to the "Miranda-Basics" for a second. You must identify yourself or the police will charge you with obstruction of justice, if they catch you violating a law, that is.

[yaba]

Swim been arrested a few times both in the UK and The Netherlands. All kind of minor ,heroine, XTC and yaba, (jungle) knife possession, shoplifting, fighting, vandalism.

Nearly all things happened when he was below the age of 18.
And he is always polite and tells them his name but he never ever will mention his dealer or anything like that !!!! And that has been respected by the police.

Think you have to give your identity, otherwise they cant or wont let you go ..
How can they finish there paperwork ??

[waytoofertile]

Miranda rights only apply in the States and they only read you them if you are going to be arrested and questioned about a serious crime. Swim knows this because was recently arrested for running a stoplight she didn't see because of sun in eyes, and never having been even pulled over before did not know the fine and a court date were on ticket and was waiting for a bill from the city or something, instead, 3 yo daughter decided her "fancy" dress was itchy and took it off in car, I ran in to store to grab her something more comfortable leaving kids in car with spouse. Well, stupid swim forgot debit card and husband ran after her to give it to her. Well, a nice local cop observed husband walk 20 feet from kids and decided to ask for his id, husband gave, apparently suspended, I don't know why. So officer said he needed MY id to prove I was legal to drive car and family home. Thought, no problem, and handed id over. Turns out there was a warrent for swims arrest for not showing up in traffic court. I am not kidding. The cop handcuffed me in front of my kids while I had a panic attack, then passed out and cracked head open. All over an officer not explaining how to take care of a ticket when swim was all upset and didn't know what to do.

Swim asked cops don't you have to read me my rights, to which the cop just laughed and said no, we aren't questioning you or even keeping you long, your husband said he would be here within the hour to bail you out. So swim sat chained to bench in jail lobby. At least didn't have to be in cell. Those people were scary.

Anyway, over here you don't have to carry id, unless driving. But if asked to identify self must do it or they think you are hiding something, like a warrant etc and take you in and fingerprint you. Then you ARE in the system.

[davestate]

Originally Posted by waytoofertile

Anyway, over here you don't have to carry id, unless driving. But if asked to identify self must do it or they think you are hiding something, like a warrant etc and take you in and fingerprint you. Then you ARE in the system.

But if you don't have an identity, how can you be charged, tracked, traced, prosecuted? I mean if you literally said nothing, ever, what could they do, other than jail you?

[Decstar]

Originally Posted by davestate

But if you don't have an identity, how can you be charged, tracked, traced, prosecuted? I mean if you literally said nothing, ever, what could they do, other than jail you?

The can arrest SWIY, but they can't charge SWIY for refusing to identify SWIYself (as far as SWIM knows). But they can prosecute SWIY if they know SWIY has committed a crime. They would just give SWIY an identity, ie. prisoner number 12345 or whatever. Upon release, SWIY would probably be handed over to the immigration services and put into custody until it can be ascertained if SWIY is even a citizen. Then SWIY would have to tell them who he was to get released.