Saint Joseph, MO asked in Constitutional Law and Criminal Law for Missouri

Q: Do you represent a client that a has a case for officers violating their oath to up hold the constitutional?

I refused to ID myself. Arrested for illegal dumping. All I did was pull over and throw away the little bit of gas station at the hotel parking lot by a highway. Cleaned my car out checked the oil and there was a cop standing behind. I refused to provide my id. I have the video I can email a copy and you and make a choice.

2 Lawyer Answers
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: It's important to understand that while you have the right to refuse to provide identification in certain situations, there are circumstances where this can lead to legal complications. In your case, being arrested for illegal dumping suggests that the officers believed you were committing a violation. It’s essential to consider the specifics of Missouri law regarding identification and the obligations during police encounters.

Regarding your question about officers violating their oath to uphold the Constitution, this can be a complex legal issue. It often depends on the details of the interaction and whether your rights were infringed upon. If you believe your constitutional rights were violated, it's advisable to consult with an attorney who can review your video evidence and provide guidance based on the specific facts of your case.

Remember, each situation is unique and legal advice should be tailored to the individual circumstances. Seeking a consultation with a lawyer who can evaluate all aspects of your situation is the best course of action to understand your rights and options moving forward.

A: Based upon your description, it sounds like the police officer was within the law in requesting your identification.

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