According to the ACLU, the only laws requiring you to identify yourself to MA cops are related to vehicles (or suspected crimes)

Submitted by magnabonzo t3_z837vj in massachusetts

I came across this post about someone in Florida who knew their rights when the police accosted them and it made me wonder about Massachusetts.

According to the ACLU,

>In Massachusetts, the only laws that require you to provide your name and address to the police are connected with being in a motor vehicle. However, it is a crime to give false identifying information to police if you are arrested.

(From Know Your Rights: When do I have to give my name or address to law enforcement in Massachusetts?)

Note the ACLU also recommends

> In any encounter with the police, try to stay calm and polite because getting upset could cause the police to overreact, or even arrest you.

It would seem to me that it'd be worth having a recording of the exchange too, but I'm not a lawyer, I'm just sharing what the ACLU says...

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Positive-Material t1_iyb45ri wrote

it is not a crime for a mass state trooper to say 'I am going to bash your head into the curb, and we are off camera right now, so there will be no evidence.' Just.. so you know.

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RalePider t1_iyclwsm wrote

You folks can downvote all you want, but the fact remains that police are allowed to lie

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PakkyT t1_iyao7t7 wrote

Massachusetts does not have a Stop and identify law on the books and even if we did, Stop and Identify only apply if they have a reasonable suspicion you have committed or are about to commit a crime.

Basic rule of thumb is you are never lawfully required to talk to the police about any subject and at time ... ever!

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magnabonzo OP t1_iydfuq5 wrote

Unless you're driving, I believe.

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PakkyT t1_iyej099 wrote

Yes you have to show a license if you are driving. Other than that, you don't have to identify yourself to police or display any sort of government ID, And you never have to speak to them even if you are driving. you can simply hand them your license and remain silent.

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LackingUtility t1_iyb2b7i wrote

This is true. Don’t give a fake name - even as a joke - but you do not need to identify yourself if you get stopped while walking. Also, obstruction in Mass. requires force or intimidation. Refusing to answer questions from a police officer is not obstruction.

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DarthT15 t1_iy9thrt wrote

Just tell the pigs to fuck off.

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Lucybruin t1_iyb9nk0 wrote

What’s the big deal? If you haven’t done anything wrong it shouldn’t matter if you have got something to hide, you’re a problem

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Fit-Anything8352 t1_iyd3l33 wrote

Ah yes nobody has ever been arrested for a crime they didn't commit. Who needs privacy, right? If you have nothing to hide you should walk around naked and set your back account password to 1234 too; what are you hiding?

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magnabonzo OP t1_iydlqys wrote

"If you haven't done anything wrong, you don't have anything to hide" -- really?

That's un-American. We created a Bill of Rights specifically to protect us the people from the government (including the police).

As Ben Franklin said, "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither..."

Two possibilities:

  • You're in law enforcement, or are related to people in law enforcement, so you (understandably) can only see their side of things, or

  • You can't imagine a situation where the police would ever be anything but 100% completely fair to you. (Which probably means you're white, over 40, probably male, maybe self-employed, and don't read much.) You can't imagine a situation where the police could mis-use information you give them. You haven't watched "Don't Talk to the Police". You don't read about police misconduct in Worcester or the need for the Massachusetts POST Commission or the fact that lots of MA police officers who get fired or resign after a misconduct investigation find jobs with other police departments. You don't remember David Woodman, who was arrested for walking around with an open can of alcohol and was asphyxiated during his arrest.

I don't hate the cops. I generally support them. I oppose the "ACAB" saying.

But cops need to have limits, and we the non-cops need to know about their limits, especially because cops are allowed to lie about what their limits are.

The "nothing to hide" argument is weak, put forth either by law enforcement or by people who haven't really thought about it.

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PakkyT t1_iyewa9y wrote

This tired reply always comes up with this type of discussion and completely misses the point. Also there are many reasons people want to keep certain things private that are perfectly legal and for legitimate reasons. But in your mind having something you want to keep private always indicates a problem?

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