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Criminal Law/detained during questioning


Hi. I am referring to the Luis Rodriguez near the Moore theatre in Oklahoma City. Apparently, Luis' wife and daughter got into an altercation outside the theatre and police arrived. They asked Luis for his ID although, under Oklahoma law, he was under no obligation to give it to them. He was accosted by several officers. He died of "cardiac arrhythmia due to physical restraint" according to the autopsy. All officers were cleared of any wrongdoing by DA Greg Mashburn. My questions:
1) because Oklahoma is a no ID state, why did the police insist on his showing his ID when he was under no obligation to do so?
2) Greg said that Mr. Rodriguez was "detained during questioning". Does this state legally exist? If the police do not have probable cause to charge you, you do not have to answer any of their questions and may walk away. If police do accost you (as shown on their CCTV camera), including knee kicks, it is unlawful arrest, confinement, and assault. Am I correct?


You may be confusing "No ID Requirement" and "Investigative Detainment/Inquiry." The "No ID" status is more common as in a police office driving/walking down the street and randomly stopping an individual and asking for ID for no apparent reason.

In the case you cite above, the police were dispatched to a location for a fight/altercation. Upon arrival, the police do have the right to detain/question participants, obtain ID and "sort out" the incident to establish if any laws have been broken and/or restore "peace & quiet."

If Luis Rodriguez failed to comply with police directives, refused to produce ID, and/or became disorderly during this initial questioning, the police can take him into custody for Disorderly Conduct or some other related state/local violation.

If Mr. Rodriguez resisted arrest, police personnel have the right to use whatever force is necessary to effect the arrest. I am not familiar with this incident nor have I seen the video; therefore, I cannot render an intelligent assessment of the amount of force used. Nevertheless, it has been my experience that a majority of these "injuries/deaths" during arrests are related to resisting the police attempting to make an arrest.

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Kevin M. Tamez


Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.


More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website

Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

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