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NV man, sometime OCer, arrested on NV public property for failing to give birth date

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,015
Location
Cincinnati, Ohio, USA
http://thefreethoughtproject.com/man-arrested-failing-give-date-birth/

(video at link)

"In an exclusive interview with The Free Thought Project, a self-proclaimed constitutional rights activist is speaking out about his ordeal with Nevada police after he refused to tell an officer his date of birth. He said that in addition to being arrested, he has been harassed ever since.

Joshua Martinez said he became interested in Cliven Bundy’s ongoing conflict with the Bureau of Land Management back in April 2014. He said Bundy’s problems led him to become a student of the Constitution.
In December 2015, in a show of support for the Bundy family and their involvement with a stand-off with the FBI in Oregon that led to the death of LaVoy Finicum, Martinez raised LaVoy Finicum’s cattle brand, AKA the “LaVoy Finicum” flag on the Nevada federal courthouse steps.

Then in January, Martinez said he began passing out pocket copies of the U.S. Constitution and jury notification pamphlets. It was his way of being a good citizen, “but in the eyes of the government we rattle their cage and they don’t appreciate that,” he told TFTP.

Martinez did not get arrested for passing out the Constitution, but somehow he became a person of interest to courthouse officials and the Las Vegas Metropolitan Police Department.

The FBI and the U.S. Marshalls took notice as well. Martinez said it all started in February when he attempted to be a spectator at some of the court proceedings involving defendants who were being tried for their role in the now-infamous occupation of the Malheur National Wildlife Refuge in Oregon. ..."
 

Fallschirjmäger

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Aug 4, 2007
Messages
3,826
Location
Cumming, Georgia, USA
NRS 197.190 Obstructing public officer.
Every person who, after due notice, shall refuse or neglect to make or furnish any statement, report or information lawfully required of the person by any public officer, or who, in such statement, report or information shall make any willfully untrue, misleading or exaggerated statement, or who shall willfully hinder, delay or obstruct any public officer in the discharge of official powers or duties, shall, where no other provision of law applies, be guilty of a misdemeanor.
[1911 C&P 540; RL 6805; NCL 10486]
The question becomes, is stating one's name when not being booked, arrested, or even detained by a public officer something that is lawfully required?

Nevada is a "Stop and Identify" state but the NRS has limitations:
NRS 171.123 Temporary detention by peace officer of person suspected of criminal behavior or of violating conditions of parole or probation: Limitations.
1.  Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime.
2.  Any peace officer may detain any person the officer encounters under circumstances which reasonably indicate that the person has violated or is violating the conditions of the person’s parole or probation.
3.  The officer may detain the person pursuant to this section only to ascertain the person’s identity and the suspicious circumstances surrounding the person’s presence abroad. Any person so detained shall identify himself or herself, but may not be compelled to answer any other inquiry of any peace officer.
4.  A person must not be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes. The detention must not extend beyond the place or the immediate vicinity of the place where the detention was first effected, unless the person is arrested.

Without a reasonable, articulable suspicion that crime is afoot, a person has no lawful requirement to identify himself.
 
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countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
http://thefreethoughtproject.com/man-arrested-failing-give-date-birth/

(video at link)

"In an exclusive interview with The Free Thought Project, a self-proclaimed constitutional rights activist is speaking out about his ordeal with Nevada police after he refused to tell an officer his date of birth. He said that in addition to being arrested, he has been harassed ever since.

Joshua Martinez said he became interested in Cliven Bundy’s ongoing conflict with the Bureau of Land Management back in April 2014. He said Bundy’s problems led him to become a student of the Constitution.
In December 2015, in a show of support for the Bundy family and their involvement with a stand-off with the FBI in Oregon that led to the death of LaVoy Finicum, Martinez raised LaVoy Finicum’s cattle brand, AKA the “LaVoy Finicum” flag on the Nevada federal courthouse steps.

Then in January, Martinez said he began passing out pocket copies of the U.S. Constitution and jury notification pamphlets. It was his way of being a good citizen, “but in the eyes of the government we rattle their cage and they don’t appreciate that,” he told TFTP.

Martinez did not get arrested for passing out the Constitution, but somehow he became a person of interest to courthouse officials and the Las Vegas Metropolitan Police Department.

The FBI and the U.S. Marshalls took notice as well. Martinez said it all started in February when he attempted to be a spectator at some of the court proceedings involving defendants who were being tried for their role in the now-infamous occupation of the Malheur National Wildlife Refuge in Oregon. ..."
I believe Brown v Texas, A Supreme court case circa 1979. Should put this issue to rest." To detain a person and require him to identify himself violated the Fourth Amendment because the officers lacked any reasonable suspicion to believe defendant was engaged or had engaged in criminal conduct.. Hence no punishment for not identifying himself...".

Good luck.
CCJ
 

garand_guy

Regular Member
Joined
Feb 15, 2014
Messages
493
Location
Nevada
He was arrested for contempt of cop, not something I approve of. However, knowing Martinez' character, I can't say I approve of his behavior, nor do I feel sorry for him. Frankly, I think behavior like this seriously detracts from legitimate efforts.

And "Marshall" with the double L is a surname, the office is spelled "marshal."
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
He was arrested for contempt of cop, not something I approve of. However, knowing Martinez' character, I can't say I approve of his behavior, nor do I feel sorry for him. Frankly, I think behavior like this seriously detracts from legitimate efforts.

And "Marshall" with the double L is a surname, the office is spelled "marshal."
With proper counsel, being arrested for " contempt of cop" can equate to extra cash in once retirement account, and may I add with great counsel said cash could be tax-free..

My .02
Regards
CCJ
 
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