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Court: rights not violated when ID is given voluntarily
By TIMES WIRES
Published December 15, 2006
TALLAHASSEE A divided Florida Supreme Court ruled Thursday that police do not violate a person's constitutional rights when an identification handed over voluntarily is used to check for outstanding arrest warrants. The justices ruled in a case from Daytona Beach, where police in 2002 approached a group of five men in an area known for prostitution and drugs. Most of the men walked away, but Lorenzo Golphin remained. He complied when officers asked for his ID, resulting in his arrest on an outstanding drug warrant. He was searched and officers found drugs and paraphernalia, resulting in more charges and the conviction that was appealed. The justices split 4-3 on whether police violated his constitutional protection against unreasonable search and seizure. The majority agreed with the 5th District Court of Appeal that his rights were not violated because he had been free to leave as the other men did. TALLAHASSEE Two guards sentenced in prison sex case A federal prison guard who admitted smuggling contraband to prisoners for money and sex was sentenced to a year in prison Thursday. The scandal ended with a deadly shootout in June at the Tallahassee Federal Correctional Institution when agents showed up to make arrests. Alfred Barnes, 43, of Thomasville, Ga., was sentenced to a year in prison followed by three years' probation. He pleaded guilty in September to conspiracy to commit mail fraud. Another guard, Vincent Johnson, 40, was sentenced to a year of probation. In all, five guards were snared in the case. A sixth was killed in the gunfight he started when agents came to arrest them. Times wires
[Last modified December 15, 2006, 00:34:12]
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by Kay
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12/15/06 01:29 PM
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Answer me this... Is there one single person out there who believes if cops "ask" for your ID that you have the option to refuse or simply walk away? You simply do what they demand or get a charge of "resisting" without violence.
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by paul
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12/15/06 10:19 AM
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so the guard that wouldn't be taken alive and fired on federal agents could possibly have plead to a year of probation? what a psycho.
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by Bobby
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12/15/06 09:44 AM
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What if any charges would Lorenzo Golphin had faced if he had refused to handover his ID when asked by the police? Also, is it against the law to stand on the streets of Daytona Beach?
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