Two protesters were arrested Sunday for not giving their names to police, raising questions about when that constitutes a crime.
“Isn’t this America?” asked Denver attorney John Holland. “Don’t you have the right to protest? Don’t you have the right to remain silent?”
Law-abiding protesters don’t have to give their names to police, he said.
But police can “require” a person to give their name and address when there is a “reasonable suspicion” that a crime has been, is being or is about to be committed.
“Cops don’t have any right to demand identification from people unless they have reason to believe a crime has been committed, and then you are obligated to give your name,” said Denver lawyer David Lane.
“Otherwise they have no authority to do that,” he said. “The cops can’t just walk up to any old person on the street and demand ID and then arrest them if they say no. You are not allowed to lie to the cops but you can say, “Take a walk.’”
Continued at this link:
http://www.rockymountainnews.com/news/2008/aug/25/did-protest-arrests-violate-rights/