Originally Posted by
antifoil
it depends on state law if you have to provide identification are not.
i live in a rural area. at night i run at a middle school, generally between 10 pm and 11:30. on occasion the cops drive by, most of the time they run my license plate or see me running and dive on. on two occasions cops have stopped me. the first time i answered his questions but still gave him a hard time because it was clear what i was doing based on what i was wearing and the fact it is an area where people are know to go for exercise.
now i don't practice criminal law but am a lawyer, but couldn't remember the standard he needed to question me, so i did my legal research. the next time they stopped me was a few nights ago. i told the cop they don't have reasonable suspicion to question me, they get pissed because i know the law and the fact i am a lawyer. i told them, i am wearing athletic shorts, tennis shoes, sweating, listening to baseball today on headphones in an area known where people exercise. me only doing it at night is not enough based on the whole of the evidence a rational and reasonable person would know exactly what i was doing. they get pissed and ask for ID and threaten to take me to jail if i refuse it. well again i am not well versed in criminal law so i obliged. that night i looked up that in my state i don't have to provide ID unless it is after i am arrested, so i have a plan next time which i will get to in a minute.
lastly after the officer ran my name and found i had no warrants, they "suggested" i leave and how it would be in my best interest, which i gave a laugh to and asked if they are making some kind of veiled threat. the officer replied that if any damage was done to the school i would be the prime suspect. i responded by saying if any damage is done to the school it would be because you came back to do it. they had no response and left me to continue my run. i am a 30 year old guy, never been in legal trouble, so for them to suggest i would all of a sudden start vandalizing a school was pretty funny. the school also has several surveillance cameras.
so i have taken to writing a legal memo which i will present to the cop upon the next stop stating what i have mentioned above about the evidence they lack to make a reasonable suspicions stop, also, using the letter i have presented to them as further evidence since it is clear the letter took premeditation showing i run here often and there no crime has yet to be committed. the memo will quote the statute where ID must be presented and the requirements are not met. However, i go on to say if they wish to speak with me,i will do so but since it is not reasonable suspicion they will be deemed to do so in a personal capacity where i will charge them for legal services and since it is after 10 my rate will be considerable higher as it is not during normal business hours. (side note: a contract needs an offer, acceptance, and consideration. the legal question here would be them accepting the terms of the contract, but a person can accept the terms by performance, which in this case would be asking me questions). Lastly, the letter says it is the property of the runner and must be returned after reading, failure to do so will be considered taking on my legal services via the time spent writing the memo and the officer will be charged for the necessary writing and research of the memo.
man this is tl;dr.