Des Moines man refuses to give ID to police, is arrested

[Great Spirit]

This is what your "beautiful and free" government does to people who simply wish to uphold their constitutional rights of privacy.

I would be pissed too if some Amerikan Nazi bothered me and asked me for my ID if I was not doing anything wrong. He has no business asking for it and you have a right to tell the cop to leave you alone. He works for you...you don't work for him. The officer had no probable cause to ask for ID and under the 4th amendment of the US Constitution, it was illegal for the cop to do this to him. He was not involved in any crime at all.

Lets see Psycho and Bong defend this arrest.

Didn't a regime in Germany during 1933 up until 1945 ask their citizens for their "papers"..aka ID??
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http://www.desmoinesregister.com/app...plate=printart

By TOM ALEX
REGISTER STAFF WRITER

A man who refused to identify himself to a police officer in downtown Des Moines changed his mind when he learned he was going to jail.

John Tenikat, 34, of Des Moines asked whether he could be "unarrested."

But it doesn't work that way, Officer Garth House said.

Tenikat was charged with harassment of a public official - a misdemeanor that involves willfully preventing or trying to prevent a public officer or government employee from performing his or her duty.

About 4:15 p.m. Tuesday, House spotted a man sitting on a bicycle between two businesses in the 200 block of Fourth Street. The man apparently was reading a bus schedule.

House said he asked the man why he was in the alley. "He became defensive and said that he wasn't doing anything wrong," House wrote in his report.

The officer explained there had been incidents of criminal mischief and urination in the area, and he wanted to know the man's name.

"He refused, saying that he did not have to give it," House said. "He claimed he was in a public alley and did not have to be harassed by the police."

House said he informed Tenikat that it was private property. He asked again for a name, and again Tenikat refused.

"I told him that if he did not give his information he would go to jail," House said. "He said, fine, take him to jail."

House then placed the man in custody. "He asked if he provided his information if I would unarrest him," House said. "I advised him that once someone was arrested I could not unarrest him."

Great Spirit Reviewed by Great Spirit on 12-30-2006. Des Moines man refuses to give ID to police, is arrested This is what your "beautiful and free" government does to people who simply wish to uphold their constitutional rights of privacy. I would be pissed too if some Amerikan Nazi bothered me and asked me for my ID if I was not doing anything wrong. He has no business asking for it and you have a right to tell the cop to leave you alone. He works for you...you don't work for him. The officer had no probable cause to ask for ID and under the 4th amendment of the US Constitution, it was illegal for Rating: 5

[ericwt]

This happens in America every day. It is not news. It is not a free country.

I love my country but fear my government.

[Psycho4Bud]

"He refused, saying that he did not have to give it," House said. "He claimed he was in a public alley and did not have to be harassed by the police."

House said he informed Tenikat that it was private property. He asked again for a name, and again Tenikat refused.

"I told him that if he did not give his information he would go to jail," House said. "He said, fine, take him to jail."


Why create the fuss. He was told that there has been complaints about that alley way. If the dude would have said fine after finding out it is considered private property there would have been no probs. I don't see the big deal about showing an I.D. unless there is something to hide.

This dude was looking for attention and got it.....I'd just as soon show the I.D. and be forgotten about VERY soon after.

Have a good one!:jointsmile:

[Zimzum]

Tenikat was charged with harassment of a public official - a misdemeanor that involves willfully preventing or trying to prevent a public officer or government employee from performing his or her duty.


House said he informed Tenikat that it was private property. He asked again for a name, and again Tenikat refused.

He got smart with the cop and refused to show ID when asked. I believe its required in every state to show ID when police ask for it. If he just have given his name even a fake one and claimed he didn't have a photo ID on him he would have been off the hook for whatever. The story does not confirm if the spot he was at was indeed private or public. The police report says it was private property and there were complaints about public urination.

[Great Spirit]

Why create the fuss. He was told that there has been complaints about that alley way. If the dude would have said fine after finding out it is considered private property there would have been no probs. I don't see the big deal about showing an I.D. unless there is something to hide.

This dude was looking for attention and got it.....I'd just as soon show the I.D. and be forgotten about VERY soon after.

Have a good one!:jointsmile:

I can understand your point of view to a certain extent, however it is NOT the point! I am sick and tired of hearing the Right's bullshit response "Well if you have nothing to hide, then you are fine!", and thats exactly what you are trying to make this out to be Psycho. That is Nazi police state language and you know it!

If a cop asked me for my ID if I was on public property just minding my own business, I would say that he has no right to see my ID and inform him that it is against the 4th Amendment of the US Constitution for him to ask. Usually when cops here you talk about the Constitution, they will back off because now they know YOU know your rights and will be cautious. Slowly explain to the cop who probably doesn't know the Constitution that you are doing nothing wrong and that it is against the law to randomly ask for ID, as it equals an unlawful search.

If the cop continues to harass you, you simply say that this is a violation of the 4th Amendment and that you will file charges with the local police department and will file a lawsuit. That should be enough for the cop to piss off, but in the unfortunate scenario that you are arrested, do not speak at all to any officer of the law without the presence of an attorney! I cannot stress that enough. Even though you would probably love to do it to teach the cop a lesson in ethics (ironic), never physically assault a cop though at all. Be the better person!

The cop wanted this man's ID just because there was crime activity during a certain period of time. The cop was technically searching him when he asked for ID. However, the man was not involved in any criminal activity and was probably on public property considering it was an alley, and so therefore it was a violation of his 4th amendment right and the officer should have been reprimanded or suspended without pay because of this constitutional violation.

[Psycho4Bud]

Public place I agree with ya.......but he was informed that he was on private land. BIG difference.

Have a good one!:jointsmile:

[Great Spirit]

"He refused, saying that he did not have to give it," House said. "He claimed he was in a public alley and did not have to be harassed by the police."

House said he informed Tenikat that it was private property. He asked again for a name, and again Tenikat refused.

I am taking the word of the guy who was arrested over the cop. I believe this man was on public property. Hell it was an alley!!

[Psycho4Bud]

I am taking the word of the guy who was arrested over the cop. I believe this man was on public property. Hell it was an alley!!

Yup, alley ways are considered private property. Thats why you rarely see the city paving or repairing these areas and if they do, it's assessed on the taxes.

Have a good one!:jointsmile:

[Zimzum]

No not all Allies are public. Most are private and should be posted so. Usually to provide a place for deliveries to unload or trash pickup.

[Great Spirit]

Yup, alley ways are considered private property. Thats why you rarely see the city paving or repairing these areas and if they do, it's assessed on the taxes.

Have a good one!:jointsmile:

Dude, there are many small alleys in my city and they are treated as any other public street.

Well if it was a private alley (which I am skeptical about), the owners should have blocked it off or have a sign that says "PRIVATE PROPERTY" to make the public aware that it was private. I don't know if these people are aware of this...but there are certain stores that sell signs that say "PRIVATE PROPERTY". Perhaps it would be in the best interest if the entities who own this property to invest in that kind of commodity.