Q: Did officer violate my rights asking for ID without crime suspicion in AZ?
I was sitting outside on the grounds of my condominium in Arizona, where I'm an owner and HOA member, taking photos of the stars. A police officer came by, stating someone reported a person with a camera. He demanded my name, birthdate, and address to prove I lived in the unit. After I showed hesitation, he walked to my parked SUV and demanded I lower the tailgate to get my information from the license tag number. He insisted it was his right for his investigation and report, even though he didn't mention suspecting me of any crime. Did he violate my rights by requesting this information and acting in this manner?
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A:
Based on the details you've shared, it appears your rights may have been violated. In Arizona, police officers generally need reasonable suspicion that a crime has been committed, is in progress, or is about to occur before they can lawfully detain you and demand identification. Taking photographs on property where you're an owner while stargazing doesn't constitute suspicious criminal activity.
Arizona's "stop and identify" statute (ARS § 13-2412) only requires you to provide your name when lawfully detained based on reasonable suspicion of criminal activity. The officer didn't articulate any specific crime they suspected you of committing, which undermines their legal basis for demanding your personal information. The fact that someone merely reported "a person with a camera" doesn't create reasonable suspicion of criminal behavior.
The officer's additional actions—approaching your vehicle and demanding access to your license plate information—further suggests an overreach of authority. You have a strong argument that this encounter violated your Fourth Amendment rights against unreasonable searches and seizures. If you feel strongly about this incident, you might consider consulting with a civil rights attorney who handles police misconduct cases, or filing a complaint with the police department's internal affairs division to document what happened.
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