Episode 192

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Published on:

12th Sep 2021

Transporting for ID is Illegal

In this archive episode, Dennis explains that transporting a subject for ID only is illegal. Recorded on 11/08/2017.

Dunaway v. New York (1979)US Supreme Court

Whenever a law enforcement officer removes a suspect from where he is found and transports that suspect to police headquarters for questioning, the police action is the functional equivalent of an arrest.

Although the defendant was not told he was under arrest, he would have been physically restrained if he had attempted to leave.

Also See…State V. Dickey 1998 “De Facto” arrest and Kaupp v. Texas (2003) KAUPP v. TEXAS | FindLaw

There is no such thing as transporting for identification purposes against someone’s will!

If they agree to come in under their own will that’s totally different.

Use State v. Pierce referenced earlier

Dunaway v. New York :: 442 U.S. 200 (1979) :: Justia U.S. Supreme Court Center

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Street Cop Podcast
The official Street Cop Training Podcast. The Training That Cops Deserve.
The Street Cop Podcast with Dennis Benigno, the founder, and CEO of Street Cop Training.

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Dennis Benigno