Virginia Gun Owners Forum - VGOF

Hi,

Reading another post about things happening in California, I came across a story about the false detainment and arrest of Sam Wolanyk. http://www.responsiblecitizensofcalifornia.org/profiles/blogs/the-story-of-my-false-arrest

This is Sam's version of the account from his perspective. Don't know about you but I doubt if I could remain as calm as he portrays himself. I'd also do things a bit differently. I would probably shut up after being placed under arrest. I doubt if I'd be able (or willing) to quote the law to the LEOs.

In any case, while it's interesting to read the account, Sam brings up some legal points that I'd like to know whether they pertain to CA or nationwide.

Things such as:

(My ID is) “In my wallet in my back pocket but again I am not required to provide it because I haven’t committed any crime.”

While I've always understood that a presumption of innocence would apply in such a case i.e. the fact that I am present in this place and not breaking any laws affords that I am presumed to be a lawful citizen and therefore not required to prove it by identifying myself.

However, being able to use fancy words like "presumption" does not mean I am at all qualified to offer legal advice or opinions So I'm asking if anyone here can expound on this.

Andy