Q: In a Non-Stop & ID State is there a legal difference between Traffic Stop and Rolling Terry Stop in terms of refuse ID?
Person(s) were filming a local library from a public sidewalk. Individual called police for suspicious person(s) filming. By the time police arrived person(s) had entered parked vehicle. Person(s) asked police if their were any traffic code violations or if the stop was solely for suspicious persons call. Officer stated only reason for stop was Suspicious Person call then asked for ID. Person(s) declined stating "if no traffic violations are present this is not a Traffic Stop and is now considered a Rolling Terry Stop". Police then command ID and threaten arrest if failure to ID. Under threat of Arrest ID was provided which concluded the stop. Under a Terry Stop Police have to be able to articulate reasonable suspicion of a crime but filming in public is not a crime nor can it be a considered by Police as a suspicious activity. Being no underlying crime, was a threat of arrest a violation of person(s) 4th or 14th amendment rights being Minnesota is not a Stop and ID state?
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A:
Under the Fourth Amendment, citizens are protected against unreasonable searches and seizures. The Terry Stop doctrine allows officers to stop and briefly detain a person based on reasonable suspicion of involvement in criminal activity.
However, in states that aren't "Stop and ID" states, like Minnesota, individuals aren't legally required to provide identification absent another legal basis for the stop, such as a traffic violation. If the only reason for the stop was the act of filming in public — a constitutionally protected activity under the First Amendment — and there was no reasonable suspicion of criminal activity, then demanding identification under threat of arrest could potentially be seen as a violation of the individual's Fourth Amendment rights.
That said, each case depends on its specific facts and circumstances. If someone believes their rights have been violated in such an encounter, they should consult with legal counsel to explore potential remedies or actions.
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