Losing the Right to Remain Silent

It has long been held that an individual is under no obligation to speak to a police officer if he approaches you on the street.  However, a bill currently in front of the Virginia General Assembly appears to be trying to limit that situation.  House Bill No. 25, now being discussed by the Committee for Courts of Justice, would amend the Code of Virginia as follows:

§ 19.2-82.1. Temporary detention by law-enforcement officer of person suspected of criminal behavior; penalty.

A law-enforcement officer may detain any person whom the officer encounters under circumstances that reasonably indicate that the person has committed, is committing, or is about to commit a crime. A law-enforcement officer may detain the person pursuant to this section only to ascertain his identity and to inquire about the suspicious circumstances surrounding his presence. Any person so detained shall identify himself, but may not be compelled to answer any other inquiry of the officer. Any person who fails to identify himself or who provides a false identity is in violation of this section and is guilty of obstruction of justice under subsection A of § 18.2-460.

In other words, a person could be convicted of a Class 1 misdemeanor, and sentenced to 12 months in jail and a $2500 fine by simply refusing to give his name to the police.  "Reasonable suspicion," as this amendment contemplates, is a very low standard for the police to meet in deciding whether to question someone.  Yet, what is humorous about this proposed amendment is that it authorizes the police to ask you your name and question your presence, but only criminalizes your failure to provide a name.  Does that mean if I am walking down the street in Shockoe Bottom at 2 am, minding my own business, when the bars are letting out, and a police officer stops me and asks my name, I must give it to him or else face arrest?  According to this proposed amendment it would, if the officer has a reasonable belief that I have been, am currently, or am about to be involved in criminal activity.  If this bill succeeds in becoming law, it will interesting to see the interplay it has with the police's ability to stop and frisk individuals they encounter walking down the street.

This proposal demonstrates yet another attempt by the government to chip away at our ability to preserve our individual privacy rights and freedom from intrusion into our personal lives.