Daughter got in trouble at school for breaking a school policy. It was called out hastily to the police department as a crime although it wasn't, it really was a school policy. It was a very bad incident of miscommunication. My problem is that the police officer threatened to take my daughter to the police department (before I could get there) for refusing to identify herself. I told him that she wasn't required to if she hadn't committed a crime but he said he was there investigating what he understood to be a crime and did not realize until after he questioned her that he had been given incorrect information from the school. So I asked him if he told my daughter that he was there investigating a crime that she was involved in and he said he did not. I said, "so you just walk up to her while she's waiting for me to come get her and you ask her name and grade and you think she's required to tell you because she's supposed to somehow know that you were there investigating her over something that didn't happen"? And he said yes because she had just gotten in trouble for something so she should have assumed that he was there to talk to her about that. I told him that getting in trouble for breaking a school policy doesn't usually involve having the police called on you and even though I understand the school had called it in incorrectly, he has no right to tell her that she should assume she's being investigated for a crime just because she got in trouble for breaking a school policy and that he should be required to explain why he wanted her personal identification. He told me I could take this up with any judge and any lawyer (we live in Arkansas) and I would lose. So...I'm not asking for legal purposes, I just want to know how to better instruct my children to handle a situation like this in the future. I did tell my daughter that unless she has something to hide, there's no reason not to answer basic questions; however, I also don't like the police taking their authority above and beyond and intimidating people so I also want her to know her rights.
Are you required to ID yourself if a police officer asks?
- Posted:
- 3+ months ago by Momma Bear
- Topics:
- police, crime
Responses (1)
So are you saying this because you know this to be true or is this just your opinion? Now that I’m home and I’ve had time to research this, I’m reading that you are NOT required to unless you have committed or are suspected of committing a crime and that the reason for questioning you should be explained.
And yes, I agree. She needs to be removed. I have a meeting Monday with the superintendent and plan to get this added to the next school board’s agenda. I plan on taking action with the school for making a false police report. Thank you for your input.
OK MOM, it's always WISE to not argue with, or teach children to argue with, the P.D. would it have hurt anyone to just show the id and be done with it? Now the police are thinking you all have something to hide.
It's a very small town and they know we have nothing to hide; my husband and I are very well known within the town and the school (for good reasons). The Chief of Police is new so he does not know everyone yet. In my original question, you can see that I did tell her that there was nothing wrong with answering basic questions but I also believe in her knowing her rights...especially considering that she's Hispanic and her and her brother (whom we've adopted) are two of only three Hispanic kids in a predominately white school. They will not always live in this small little town and it's important for them to know their rights as a minority. Secondly, just because he wears a uniform does not give him the right to break the law, nor expect a minor to answer questions that she's not required to by law (IF she's not required to, which is why I' asking the question). Not every police officer has good intentions.
I suggest you get your daughter out of that school that is run like a prison. Private school or home school is much better. You can search online for groups that will help you in that. Go to google.com and type "home school".