Q: Can police arrest me for requesting badge numbers in MN?
I had a verbal confrontation with an employee at an establishment and was asked to leave, which I did. While returning to my car in the parking lot, police officers approached me, informing me that I was being trespassed from the property. I requested the badge numbers and names of all the officers; some complied, but one officer, who did not identify himself, arrested me. I was taken to the police station, fingerprinted, and booked. Afterward, I received a no-trespass order and a citation. Can a police officer arrest me for exercising my constitutional right to request their badge number and identification in Minnesota?
A: No, police cannot arrest you for simply requesting badge numbers in MN. I am confident the police have other reasons for your arrest.
A: Would it be lawful for a police officer to arrest a person simply for requesting their badge number and identification in Minnesota? No, because a lawful arrest would require either an arrest warrant or sufficient "arrest probable cause" of criminal activity. A related question might be: "if a police officer has a lawful basis for arrest, is the police officer required by law to make an arrest?" The answer to that question is no, since police officer's may exercise discretion in whether to arrest, provided they have a lawful basis for doing so. Related is the preference in Minnesota law for police officers to issue a citations (summons) for misdemeanors and petty misdemeanors, rather than arrest, in close cases.
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