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News Link • Police State

"Refusal to Disclose"

• Eric Peters Autos

Ready for the latest "crime" in the land that used to be at least sort-of free? How does Refusal to Disclose strike you? There's a bill afoot in Ohio that would – if it becomes law – make it a crime punishable by up to 30 days in the clink if you do just that.

More accurately, if you don't.

That is, if you refuse to disclose your name, address, date of birth to a cop upon demand. Nominally, the cop must be "investigating" a traffic offense or equipment violation, such as a dead brake light. But what constitutes an "investigation"? In practice, it is anything the cop decides he wants to "investigate." Cops – armed government workers, if we're going to use honest terminology – have great discretion insofar as enforcing the law is concerned. An assertion of "suspicion" is sufficient to initiate an "investigation." "Suspicion" is not a crime in any law book, yet it is warrant enough – as a practical matter – to empower an armed government worker to "detain" a person, meaning he is not free to leave. At this point, the armed government worker will typically demand that the person detained disclose his name, address, date of birth, etc.


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