Police still can't force Mainers to spill names

[MaineDem]

Police in Maine, unlike their counterparts in 22 other states, cannot arrest people merely for refusing to provide their names, despite this week's U.S. Supreme Court decision upholding the constitutionality of such arrests, legal experts said Tuesday.

While police here are free to ask people for their names, they cannot arrest them simply for not telling.

The state Legislature could change that, but the Senate chairman of the Criminal Justice Committee said Tuesday he sees no reason to.

This whole business suddenly matters because on Monday, justices upheld, on a 5-4 vote, a Nevada law that says if police have a reasonable suspicion that someone has or is about to commit a crime, the officer can detain the person and ask the person's name.

http://www.pressherald.com/news/state/040623names.shtml

[Aries]

1. That's good to know!

I wonder if other states will now do the same thing?

[JayS]

3. This is the case in Texas...but I don't know for how long. n/t

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[SCDem]

2. I think the Supremes have really muddied the waters

So now our Constitution is only applicable in some states and not others.... why the hell have a Constitution for the country of the US? Are we going to have to teach our children the Constitution of the US in * grade and then the state Constitution in # grade which will nullify what they learned in * grade? Will we have to carry around 50 different pocket sized Constitutions to see what rights we really have or have left when we cross state boundaries? If you were a Mainer could you have a Mainer Visa where you can bring your Constituional rights along with you as you travel?

This is not my country.

[JayS]

4. Now you know how gunowners feel. :) n/t

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[Doctor Smith]

5. You need to read the constitution.

It's about a confederation of states, and yes, all states have their own constitutions.

(Were you joking?)

[JayS]

6. Not sure what you mean. n/t

n/t

[WVhill]

7. Since when have all the state laws been the same?

The body of law has developed in each state based on circumstances. I find it interesting in some matters that states can still follow their own path but the federal government might penalize them in some way such as withholding highway funds.

We're forgetting that states are still sovereign entities.

[toopers]

8. As long as the states do not impede . . .

on the rights of the individuals as detailed by the founding papers, then states can make any rules they want to. So while they are sovereign, they can only do so much.