Reply To: Abusing his authority, NC Sheriff goes “above and beyond” what the law allows

#37909
Robin Vander Wall
Robin Vander Wall
Admin

I don’t know the answer to that one. It’s state specific and there may well be some legal authority for it written into the registry statutes of Michigan. There is no such law here in North Carolina, however. And if it were a law, I’d suggest that it could be challenged. Obviously, the obligation to report is written into the law and folks are required to abide by it. But that requirement is triggered after initial registration by a sophisticated notification system. And the consequence for failing to comply with that process is what subjects a person to criminal liability. Failing to comply with requests from law enforcement officers does not.

The “stop and identify” power that most people are probably thinking about when it comes to this issue is the legal authority of a police officer to require identification compliance whenever one is actually suspected of committing a crime. A compliance check should not presume that someone has committed a crime….or that the contact is a suspect of anything at all.

More about the issue can be read here: https://en.wikipedia.org/wiki/Stop_and_identify_statutes (According to the chart, Michigan is not a “stop and identify” state)