I checked the larger explanation of the facts given in Davis' website. It appears that she was on Federal property when this occurred and that she was also asked by federal police officers in addition to the security guard. This may change the legal analysis, especially in these days of the "war on terror", so called.
We-ell... she got on a bus before it went on Federal property; her destination was on the other side; she didn't attempt to exit the bus on Federal property -- she should have to take a different bus?
Besides, if the Feds don't want random people crossing their property, why don't they make the bus go around?
And isn't Federal property *her* property anyway? And mine, and all other citizens. Where's the compelling government interest?
I basically agree. I was just pointing out that the requirements for producing ID may be different on federal property than from state property. For example, in Maryland, where I practice, it is not illegal to lie to a police officer so long as you are not trying to cause an investigation to occur. It is, however, illegal to not identify yourself if asked by a police officer, and giving a false ID is a crime. Under federal statutes, it is illegal to lit to an FBI agent. Quite a difference.
She got on a public bus that visited federal property.
If boarding the bus is sufficient reason to get one charged with tresspassing, it would necessarily follow that the bus driver should be charged with a related crime (accessory, aiding and abetting, etc).
In fact, I don't know how you can ascribe criminal intent to her. How can anyone prove it was her intent to wind up in that location? If they didn't want her on Federal Property, someone should have asked for her I.D. at the door to the compound. Presumably nobody else got carded before they got to the security checkpoint.
A public bus, on it's normal route, took her some place she had no desire to go to, and her presence at that location was presumably illegal. Assuming she has no right to be there, she's the last person you can blame for her winding up in that location.
The issue here is whether, under federal law, a person has to produce identification when requested by a federal police officer. She was arrested when she refused to produce ID by an officer, not the security guard. The guard called the federal police, who then asked her for the ID, and she refused. I don't know what laws may govern in that situation. The issue is not trespass, for many of the reasons you stated. It is whether she violated federal law in refusing to produce ID when she said she had it but would not show it to a federal police officer, not the security guard.
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Besides, if the Feds don't want random people crossing their property, why don't they make the bus go around?
And isn't Federal property *her* property anyway? And mine, and all other citizens. Where's the compelling government interest?
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If boarding the bus is sufficient reason to get one charged with tresspassing, it would necessarily follow that the bus driver should be charged with a related crime (accessory, aiding and abetting, etc).
In fact, I don't know how you can ascribe criminal intent to her. How can anyone prove it was her intent to wind up in that location? If they didn't want her on Federal Property, someone should have asked for her I.D. at the door to the compound. Presumably nobody else got carded before they got to the security checkpoint.
A public bus, on it's normal route, took her some place she had no desire to go to, and her presence at that location was presumably illegal. Assuming she has no right to be there, she's the last person you can blame for her winding up in that location.
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And unless there is a law requiring one to carry an ID at all, it's downright unenforceable.