View Single Post
Old 07-27-2009, 08:59 PM   #19
Skip
Senior Member
 
Skip's Avatar
 
Join Date: Apr 2004
Location: Dover, NH
Posts: 1,615
Thanks: 256
Thanked 514 Times in 182 Posts
Post Disobeying an officer

Excellent question Winni, however you are looking at the wrong statute. I have attached the entire appropriate statute below and highlighted the appropriate section in red.

When you have no positive identification on you, the written and case law gives wide latitude to the detaining officer to positively determine your identity. Many individuals, although no longer required in NH, have their social security number on file with their driver's license. Many officers will ask you for the last four digits of your social and then run this through DMV to verify your identity. No one, for obvious liability reasons, runs full social security numbers, especially "over-the-air".

While the reason for the stop may be vague to you, many individuals that have refused to give a reasonable amount of verifiable identification have found themselves in custody until their identity is verified, and also found themselves with a misdemeanor offense if the stop was valid. This is a very difficult proposition and arrest for a NHMP officer in a small boat with no backup transportation nearby, but a fairly easy and quite common arrest for a land based officer in a cruiser.

Over the years I made a number of successfully prosecuted arrests for this offense by those individuals that decided to become "sidewalk lawyers".

And what a waste...it only takes a few minutes of civil conversation to satisfy the officer's required informational questions and move on.

That is why it is always best, no matter the circumstances, to be civil, keep your emotions and anger (and tongue) in check and file the appropriate complaint with the pertinent supervisor as soon after the stop as possible, if you feel you were mistreated.

Believe me, if your complaint is valid and made at the appropriate time and place you will be heard, even at NHMP headquarters.....

270:12-b Disobeying an Officer. –
I. No person, while operating or otherwise in charge of a vessel, raft, or float of any kind, type, or character or an amphibian or pontoon aircraft under step speed shall:
(a) Knowingly refuse, when requested by a peace officer or agent of the director, to give his name, address, and date of birth, and the name and address of the owner of the vessel, raft, float or amphibian or pontoon aircraft of any kind, type, or character;
(b) Knowingly refuse, on demand of a peace officer or agent of the director, to sign his name in the presence of such officer or agent;
(c) Knowingly refuse, on demand of a peace officer or agent of the director, to produce some means of positive identification such as a driver's license, passport, or other document, or to verify his identity by some other means so that the identity of the operator or person otherwise in charge of a vessel can be determined with reasonable certainty by such peace officer or agent of the director;
(d) Knowingly neglect to stop when signaled to stop by any peace officer or agent of the director, who is in uniform or who displays his badge conspicuously on the outside of his outer coat or garment, or who signals such person to stop by means of any authorized audible or visual emergency warning signals; or otherwise willfully attempt to elude pursuit by a peace officer or agent of the director by increasing speed, extinguishing lights while still in motion, or abandoning a vessel while being pursued;
(e) Knowingly refuse, when requested by a peace officer or agent of the director, to:
(1) direct said amphibian or pontoon aircraft, vessel, raft, or float to shore or to any dock, wharf, or mooring designated by said officer or agent;
(2) follow any vessel operated or controlled by any peace officer or agent of the director to any point on shore, or any wharf or mooring designated by said officer or agent; or
(3) allow said officer or agent to direct or tow said boat, raft, or float to any point on shore or to any dock, wharf, or mooring.
II. Any person who fails to comply with the requirements of this section or provides a false name, address, or date of birth shall be guilty of a misdemeanor.
Skip is offline   Reply With Quote