That seems absurd. So basically at all times I need to give my name whenever asked to dispel any suspicion that they could fabricate to run my name? But I may use my 5th amendment right at times? I was always under the impression that unless an actual crime can be presented that I am involved in or have committed that I do not have to provide ANY IDENTIFICATION. Otherwise, they could literally make anything up for anyone to "legally" check everyone out. Thanks again, I understand how frustrating someone like me can be with questions, I just see so much conflicting info. Cheers!
But In this case of me legally openly carrying that alone is technically not considered suspicious activit
No!!!!!!!
Terry v. Ohio basically says:
Reasonable articulable suspicion is a legal standard of proof that is less than probable cause. Reasonable articulable suspicion must be more than an inchoate and unparticularized suspicion or hunch. It must be based on specific and articulable facts, taken together with rational inferences from those facts and the suspicion must be associated with the specific individual. If the cops additionally have reasonable suspicion that the detained person is armed and dangerous, they may frisk the person for weapons, but not for contraband like drugs. Reasonable suspicion is evaluated using the reasonable person or reasonable officer standard in which said person in the same circumstances could reasonably suspect a person has been, is, or is about to be engaged in criminal activity. It depends upon the totality of circumstances, and can result from a combination of particular facts, even if each is individually innocuous.
In other words, if the cop cannot tell you why s/he wants to talk to you then you have no obligation to converse with the cop. That means you have no obligation to tell the cop your name, rank or serial number. Not even your mommies name or shoe size, period.
Now, if the cop says s/he thinks you are about the rob the jewelry store because you are standing on the sidewalk looking in the store front window at 2 a.m. Then per Hiibel all you are required to do is give your name and nothing more. Not your rank or serial number, not even your mommies name or shoe size.
And other than having your driver's license on you when driving, you are not required under any circumstance required to have any form of ID on your person.
Caveat, some states require you to have on your person a conceal carry license when carrying.