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  If your underage and drink just say NO to police questions.

Original Article

September 27, 2005
NEWS
Crack down
Police tackle fake IDs

Brittany McKee Mesa Legend

A crackdown on underage drinking and fake IDs may have a sobering effect on the social life of many college students, according to the Tempe Police Department.

Consider this recent event: It is 10:15 on a Friday night. Two Tempe police officers pad their way to the back entrance of a bar, while two others officers go in through the front. The crowd quiets for just a second as one of the officers reaches toward his belt and pulls out a flashlight. Suddenly two girls make a dash for the back door, where they are stopped. While some people may think this sounds like the start of an exciting police pursuit, for Tempe bar owners and their employees, this investigation, or raid, is just a sign the school semester is under way. That is why the Tempe police, along with the Arizona Department of Liquor Licenses and Control, started working with Tempe bars to crack down on underage drinking.

Underage drinkers risk the being fined $2,500, six months in jail, a 180-day suspension of driving privileges as well as three years of probation. However, many students are still willing to take the risk.

One of the most successful methods the Tempe police department has of controlling this problem is the random ID checks of patrons in Tempe bars. In the past the department concentrated on larger bars and clubs. But now, officers are making sure the enforcement effort covers all of Tempe. With all of the new bars on Mill Avenue, officers have been working hard to let everyone know that accepting fake identification will not be tolerated.

Bison Witches, a bar in Tempe was raided on August 24th. Police apprehended four people using fake IDs to drink underage.

While it was unfortunate that we got raided, it made all of the employees and customers realize how serious of an issue this is, said general manager Patrick Chipman.

While most people have the impression that police are working against the bars, the very opposite is true.

Officer Roger Austin explained that the police and the bar owners work together very closely. We like them to know that we are going to help them in anyway that we can, he said. In addition to the investigations, police help provide training on liquor laws and ordinances as well as host classes on how to detect a fake form of identification.

Many bar managers, including Chipman, have signed up their staffs for these classes to ensure that a bar raid like that will not happen again. Despite police efforts, some students are still confident about using their fake IDs.

Amanda, a 19-year-old MCC student who requested that her last name not be used, recently got the drivers license of her 22-year-old cousin to use as her own ID. While Amanda is cautious about the bars she visits, she said she does not even worry about getting caught when visiting certain places.

I mostly use the ID to buy stuff at the liquor store or at restaurants. They never know how to check IDs and they wont call the cops if they know you have a fake, she said.


Most people are under the false impression that they are required to answer police questions and must provide the police with ID. That is not true. You dont have to answer police questions and any lawyer that is on your side will tell you it is better to refuse to answer any police questions.

The only time youre required to provide the police with a license is when youre doing something that requires a license, such as fishing or driving. If youre driving a car the police can arrest you if you dont give them a drivers license. But if youre just walking down the street or sitting at a bar drinking the police cant arrest you for refusing to give them a drivers license because neither walking down the street or drinking at a bar requires a license. And again any lawyer that is on your side will tell you that it is better to refuse to give the police identification because they could use it against you later.

Up until August 12, 2005 in Arizona you could even refuse to tell the police your name. But that has change in Arizona youre now required to tell the police your name when they have reasonable suspicion that you have or are about to commit a crime under the law ARS 13-2412.

The only thing the law required you to do is verbally tell the police your name. You dont have to provide the police with identification. You dont have to tell the police your age. You dont have to tell the police your date of birth. You dont have to spell your name for the police. You dont have to write your name down for the police. All you are required to do is VERBALLY tell the police your name.

Now be aware that almost all police officers are professional liars and will lie to you and tell you that you must give them ID or they will be arrest you. And many will actually handcuff you and arrest you just to scare you into answering their questions. Remember it is always best to stand your grounds and refuse to answer their questions. If you do answer their questions anything you say will be used against you in court. If the police arrest you for refusing to answer their questions, while you will be arrested there is a good chance must of the evidence the police get from you will be thrown out of the court and wont be used against you.

Always stand up for your rights and tell the police your refusing to answer their questions. Always tell the police they cant search you, your car, your home or your belongings. But never touch the police or try to stop the police from illegally searching you. If you use force to interfere with the police they will probably arrest for something. Also the police could kill you.

If you want to know when you can legally refuse to tell the police your name you should study up on what the term reasonable suspicion means. Because if the cops dont have reasonable suspicion they cant demand that you tell them your name. Another good term to study up on is probable cause. The police can only detain you if they have probable cause or reasonable suspicion. The police can only charge you with a crime when they have probable cause that you committed the crime.

So if your minor who likes to drink illegally in bars what should you do if officer friendly asks you for ID or asks you your age. Always say something like Im taking the 5th Amendment and dont want to answer any of your questions. If officer friendly continues to demand you answer his questions continue repeating your mantra Im taking the 5th Amendment and dont want to answer any of your questions.

Do remember that you are required to tell Officer Friendly you name. And per the Arizona law ARS 13-2412 you only have to tell it to him verbally. You DONT have to give him any identification.