Do we have a case of false arrest? Or is this just the new america?

Ok, my cousin just got put in jail (I hate to say this but he's white), and I say that because as much as you hate to not hear about it, racism is a HUGE part in the justice system.





But he was out at a friends house, the cops pulled up, and asked him for his SS# and ID and some other stuff, he was drinking, but he was going to stay at his friends house (he's over 21), and he refused to give them his ID...I know the WHOLE story and that is pretty much how it went...and yeah they charged him with ';Voyeurism';, if you don't know what that is: http://en.wikipedia.org/wiki/Voyeurism ... He's going to be on the sex offenders list, and that will make him look like a pervert FOR NO REASON AT ALL!





Is this a false charge AND a false arrest? Or is this just a charge made up because he didn't have his Nazi Germany Papers at hand to give the officers...





And the funny thing is the officers at the station accually act like he did something wrong, but he said he didn't, all the guys he was around said he did nothing wrong, he wasn't even in the right situation to be charged with a sex crime, he was around a bunch of his buddies at his house!





I don't know about you but I'm outraged, I've even teared up because he might even go in jail for a few months OVER NOTHING EXCEPT THE FACTS THAT HE HAD THE RIGHTS TO REFUSE GIVING OUT HIS SS NUMBER!





What has happened to america? Seriously.Do we have a case of false arrest? Or is this just the new america?
Yeah, well I think you DON'T know the whole story.





Hmmm, voyeurism... sounds like someone called the PoPo because your cuz was doing a little peeping.Do we have a case of false arrest? Or is this just the new america?
if your story is true he will be found not guilty


however its probably BS and he will be convicted





the police do not convict people courts do


they will give evidence and he can rebut it
If that's the whole story (and I don't doubt you) you need an attorney, preferably some one associated with the ACLU...that's right up their alley.
If a police officer demands ID, you are bound by law to produce it. Your friend was wrong.
If you are asked for ID, it's better to give it to an officer.





I don't know why people are so against the police. I'm in training to be an officer, and they don't just go around looking for people to put cuffs on. They need to write 3 hours of reports for one arrest, so they won't do it for fun.





There's gotta be something missing from your story.
There is normally two sides to every story, and I've only heard yours. but I can tell you this..





If the officer's actions were reasonable, the arrest will be upheld. Asking for ID is considered a temporary seizure, and is covered by the Fourth Amendment. This means the officer needs a justifiable reason to ask. If the request was reasonable, and your brother refused, they can detain them.





Nothing in your question meets the elements of voyeurism, so I don't know what to say about that.





One thing you did not cover is why the officers showed up in the first place, that would have a bearing on the officer's actions.





Additional: Being in a private residence DOES NOT exempt you from the law.
Well, he can be charged for not giving the police his identity. That part is illegal. What he needs to do is plead not guilty. That will automatically take it to trial. He can have the guys that were there as witnesses. He can just tell the story as it happened in front of a jury. If the story is true, their will be no witnesses on the prosecutors side. The prosecutor will have to come up with witnesses that were ';being watched'; in a sexual act. If this is a false arrest then he should be found innocent. I would also get an attorney. A public defender will be assigned if he doesn't have the money, but they aren't always so good.
Your cousin is a liar. The police don't just 'show up', they come when called for a valid reason. They also don't demand ID from random people, the demand it from suspects and you're REQUIRED to show it. Additionally, most people who haven't done anything wrong have no problems handing over ID.
O.K., it's great that you are sticking up for your cousin and all, but here's the thing: if he refused to give his SS# or identification, then all he can be charged with is obstruction of official police business or something to that effect. When a police officer asks for your information, it is against the law to withhold it. Why, if he is as innocent as he claims, then why the cloak and dagger act? An innocent person has no reason to hide their identity.





If he's being charged with voyeurism, more than likely, an eyewitness placed him at the scene. If there's no evidence of the crime he's being accused of, I doubt they'd bother trumping one up on a kid. Why would the police bother risking getting in trouble over a kid who simply irritated them? If you ARE right, and he IS being totally honest, then you should blame it on a few lousy cops, and not the whole police force.
If he refused to identify himself then he could possibly be arrested for a crime there depending on his State's laws. As far as any other charges, as long as they were based on Probable Cause then he has no law suit. By the way America is a proper noun and should be capitalized..........we are no where near Nazi Germany.





It is a fact you do not have to give your SS# but that is no reason not to tell them your name and cooperate that way. It sounds like your cousin was a jerk and that probably contributed more to his arrest then his being white.
from what i ahve seen on the net, this is the new america. i thin england isnt far behind....why were the police in a private residence asking the occupants for ID?!?!? doesnt sound to 'land of the free' to me.





anyway. truth or not. it doesnt matter.





guilty doesnt mean he did it. guilty is the RELATIONSHIP between CHARGE and EVIDENCE.





if hes found guilty, thats awful, both for the state amarica is in, and the fact that he will be a pervert. like it or not, thats what he will be....tell me that the public think people convicted are innocent!!!!!





good luck mate