Q: I am homeless. I live in my vehicle. I had my my constitutional rights violated, all because I refused to give my name
My mechanic replaced sensors, cleared the check engine lights, and ran the car for an hour, but it began to overheat. We parked, and the battery drained while waiting. My mechanic walked home, half a mile away, to get his truck.
While I waited, an officer drove by, then returned five minutes later on the opposite side of the road. He stopped, shone a flashlight at me, that's when I asked if there was a problem. The officer said No! The officer asked why I was parked. I asked him if it was illegal to park, the officer said NO! He asked what's wrong with the car? " I said I just got it fixed I was waiting for my mechanic". The officer asked for my name, I said if I'm not being pulled over, detained or suspect me of committing a crime the officer said NO! I said "with all do respect officer I don't need to give you my name without any probable cause!" my mechanic calls me and asks if I had jumper cables so I pop my trunk to check, when I get out the officer parks and gets out of his car
A:
I'm sorry you had to go through that experience. It's important to know that in California, if a police officer has a reasonable suspicion that you've committed a crime, they can ask for your identification. However, if there's no such suspicion and you're not being detained, you may not be required to provide your name.
When you're living in your vehicle, situations like this can happen more frequently. It's helpful to stay calm and respectful during interactions. If you feel your rights are being violated, you can calmly state that you do not consent to any searches and ask if you are free to leave.
Consider reaching out to local legal aid organizations or advocacy groups that support individuals experiencing homelessness. They can provide guidance and assistance in understanding your rights and what steps to take if you believe they've been infringed upon. You're not alone, and there are resources available to help you navigate these challenges.
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