I have qustion concerning New Mexico Statutes Section 30-22-3 Concealing Identity. My Qustion revolves mostly around. What constitutes the right to charge someone with concealing identity. I understand that during a traffic stop that the driver must provide ID. But what if the person is pedestrian in a public space? Is it then only reliant on reasonable suspension of wrong doing, or do officers have a right to identity someone regardless? Also if possible ID love to hear you go in detail about 1999 State V Johnson. I think it's a little unclear about time of response to show identification.
Great question. The concealing ID statute only applies when an officer has reasonable suspicion to detain. Ordering someone to show an ID is a seizure, therefore officers must have reasonable suspicion. I train officers to always ensure that they have reasonable suspicion before ordering ID. I am not familiar with State v. Johnson but I have litigated this issue before. I teach officers to give as much time as possible to comply. There is no set amount of time but the Fourth Amendment's touchtone is "reasonableness".
I love how this is a channel for cops to learn the law and the videos have so few views (most probably not cops watching)… because cops don’t want to know the law. If they can be shown to know the law and people’s rights and violate that then they might lose their beloved qualified immunity.
I had to laugh at the idea of cops being held liable for claims of loss or stolen property. I mean, I’m sure it’s happened more than never, but you’d probably have to be a pretty prolific thief to catch even a suspension.
Hey man. Just wanted to let you know, when i worked at a small department, your videos were life saver. Id listen to your videos while on patrol. My command never gave me case law to learn and i had to search it out for myself. Your content and delviery is fantastic. Have you considered branching into case law for other states? Or regions? Im moving to OR next week as a leo and seeing some important case law breakdowns for out there would be great! Specifically search and seizure and use of force.
@@marsman01 Thanks! I'm glad it helped. I specifically cover New Mexico law because most of my clients are in NM but I would love to branch out. If you have any specific requests let me know and I will try my best to cover it.
A side question. You mentioned in a lawventure podcast that your happy with no longer trying cases. Would you ever go back into private practice, to do criminal defense? Also why didn't you try State AG's or Fed AG's if the the county attorney case load was to high? Were there things you could have done to mitigate leaving the courtroom early? As a litigation attorney I am contemplating leaving the profession but don't know if its nature or environment. Like how can some famous trial lawyers do the work for 40 years and enjoy it and I on the other hand have a hard time dealing with the stress and performance pressures on a regular basis. Maybe I don't want admit I made a career mistake.
Thanks for the comment. You sound a lot like me a few years ago. It's a stressful profession. I was so burnt out I had to look for something new. I found meaning and passion in what I do now (working with law enforcement and prosecutors). When you are passionate about what you do it helps fight burnout. If litigation is leading to burn out, try spending at least 20% of your time working on the things that you are most passionate about. As for me, I do not see myself returning to the courtroom but never say never! Send me an email I would be happy to further discuss ways I have learned to deal with burnout.
I have qustion concerning New Mexico Statutes Section 30-22-3 Concealing Identity.
My Qustion revolves mostly around. What constitutes the right to charge someone with concealing identity.
I understand that during a traffic stop that the driver must provide ID. But what if the person is pedestrian in a public space? Is it then only reliant on reasonable suspension of wrong doing, or do officers have a right to identity someone regardless?
Also if possible ID love to hear you go in detail about 1999 State V Johnson. I think it's a little unclear about time of response to show identification.
Great question. The concealing ID statute only applies when an officer has reasonable suspicion to detain. Ordering someone to show an ID is a seizure, therefore officers must have reasonable suspicion. I train officers to always ensure that they have reasonable suspicion before ordering ID. I am not familiar with State v. Johnson but I have litigated this issue before. I teach officers to give as much time as possible to comply. There is no set amount of time but the Fourth Amendment's touchtone is "reasonableness".
I love how this is a channel for cops to learn the law and the videos have so few views (most probably not cops watching)… because cops don’t want to know the law. If they can be shown to know the law and people’s rights and violate that then they might lose their beloved qualified immunity.
Most just get the basic and are done. They don’t want to expand their knowledge. Lazy
I had to laugh at the idea of cops being held liable for claims of loss or stolen property. I mean, I’m sure it’s happened more than never, but you’d probably have to be a pretty prolific thief to catch even a suspension.
I wonder if they actually log what they find in this inventory. There is no way they can on the road side.
Commandment #9: You Shall Not Bear False Witness
Why is it that citizens' rights are considered "unfortunate?"
Hey man. Just wanted to let you know, when i worked at a small department, your videos were life saver. Id listen to your videos while on patrol. My command never gave me case law to learn and i had to search it out for myself. Your content and delviery is fantastic.
Have you considered branching into case law for other states? Or regions? Im moving to OR next week as a leo and seeing some important case law breakdowns for out there would be great! Specifically search and seizure and use of force.
@@marsman01 Thanks! I'm glad it helped. I specifically cover New Mexico law because most of my clients are in NM but I would love to branch out. If you have any specific requests let me know and I will try my best to cover it.
A side question. You mentioned in a lawventure podcast that your happy with no longer trying cases. Would you ever go back into private practice, to do criminal defense? Also why didn't you try State AG's or Fed AG's if the the county attorney case load was to high? Were there things you could have done to mitigate leaving the courtroom early?
As a litigation attorney I am contemplating leaving the profession but don't know if its nature or environment. Like how can some famous trial lawyers do the work for 40 years and enjoy it and I on the other hand have a hard time dealing with the stress and performance pressures on a regular basis. Maybe I don't want admit I made a career mistake.
Thanks for the comment. You sound a lot like me a few years ago. It's a stressful profession. I was so burnt out I had to look for something new. I found meaning and passion in what I do now (working with law enforcement and prosecutors). When you are passionate about what you do it helps fight burnout. If litigation is leading to burn out, try spending at least 20% of your time working on the things that you are most passionate about. As for me, I do not see myself returning to the courtroom but never say never! Send me an email I would be happy to further discuss ways I have learned to deal with burnout.
@@tacticalattorney Thank you for the feedback, its greatly appreciated.
Another GREAT lesson Eric. Thank you.
Thank you sir!
Great trainings and great lessons to be learned! Much respect!
Much appreciated! You guys were a great class, I enjoyed it!
Definitely looking forward to training more!!!
New Mexico has got the right idea. Keep the kops outah my containers ! We need less laws. Free up the courts for capitol offenses.