|WASHINGTON LAW AT RCW 46.61.021 |
DOES NOT REQUIRE ME TO GIVE YOU MY DATE OF BIRTH OR TO HAVE OR SHOW ANY FORM OF PICTURE IDENTIFICATION!
WASHINGTON LAW AT RCW 46.61.021 DOES NOT REQUIRE ME TO GIVE YOU MY DATE OF BIRTH OR TO HAVE OR SHOW ANY FORM OF PICTURE IDENTIFICATION!
It is undisputed that RCW 46.61.021 (3) and the CrRLJ 1.1 decisional law of this state does NOT require me to give you my “Date of Birth,” my “Social Security Number” or to have or show you A “Drivers License,” a “State Identification Card” or any other form of PICTURE ID!
RCW 46.61.021 Duty to obey law enforcement officer--Authority of officer.
It is undisputed that RCW 46.61.021 (3) is worded in the conjunctive and clearly reads that any. . . “person requested to identify himself to a law enforcement officer pursuant to an investigation of a traffic infraction has a duty to identify himself, give his current address, and sign an acknowledgment of receipt of the notice of infraction.” It is undisputed that RCW 46.61.021 at subsection (3) only requires that I identify myself by giving you my “name and address.”
“As we understand it, the statute does not require a suspect to give the officer a driver’s license or any other document. Provided that the suspect either states his name or communicates it to the officer by other means–a choice, we assume, that the suspect may make–the statute is satisfied and no violation occurs. See id., at ___, 59 P.3d, at 1206-1207.” Hiibel v. Sixth Judicial Dist. Court of Nev., 124 S.Ct. 2451 at 2457 (June 21, 2004).
“Indeed, there is no general requirement in this country for citizens to carry any identification.” State v. Barwick, 66 Wn. App. 706 at 709, 833 P.2d 421 (July 30, 1992). [WHAT did that say?]
It is also undisputed that RCW 46.61.021 (3) only requires me to give you my “name and address.” Further I cannot be charged with violating RCW 46.61.020 for not having a “drivers license” if I don’t have one.
It is undisputed that only a “licensee” is required to show a “drivers license.”
“RCW 46.61.020 Refusal to give information to or cooperate with officer--Penalty. (Effective July 1, 2004.)
It is undisputed that RCW 46.61.020 is unconstitutional because it is the “lessor but included offense” of RCW 9A.76.020 the Obstructing Statute which was declared unconstitutional by the Washington State Supreme Court in State v. White, which held that:
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