West Greenwich, RI asked in Criminal Law for Rhode Island

Q: Rhode Island is often referred to as a 'must identify' state. 12-7-1

But the statue reads very much like Terry vs Ohio, except that it says 'suspicion' rather than 'articulable suspicion'.

The statue still appears to be a conditional requirement, suspicion + criminal activity. With this in mind, would a detained person who may be suspicious but demonstrates no criminal activity (...911 - there's a hispanic with a big backpack walking on the sidewalk outside my house....) be required to indentify? Would Black vs US (4th circuit) have bearing to show the RI 12-7-1 is not constitutional?

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1 Lawyer Answer
Neville Bedford
Neville Bedford
Answered
  • PROVIDENCE, RI
  • Licensed in Rhode Island

A: This question will be most likely answered by the judges who hear it if/when the issue comes before them. Until that time, it is the law. http://webserver.rilin.state.ri.us/Statutes/TITLE12/12-7/12-7-1.HTM "has reason to suspect" <snip> "... is about to commit a crime," is pretty broad language.

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